Essays on Criminal Law and Violation of Public Interest

If violated, this is a violation of the constitutional rights of the individual, and, hence, a criminal activity.... The "law Discussion Questions" paper states that the phrase 'hunches are never enough' relates to law enforcement agencies and the police force.... Q2: The statement "judge-made law leaves plenty of play in the joints for criminal justice professionals to exercise discretionary decision making" can be understood if it is broken down into several parts and analyzed (Samaha, 2011)....

Moreover, clause 18 does not address the superiority of the EU law over the national law and hence is not needed.... Canadian Journal of law and Jurisprudence, XXII (2): 1-24.... The state maintains sovereignty in that it has the power and authority to enact laws by which it can serve the national interest.... The author of the current paper "public Law - Parliamentary Sovereignty of the UK" argues in a well-organized manner that the success of the referendum depends not so much on the outcome as on the participation or the voter turnout for the referendum....

During the preliminary proceedings, Yarrabee conveyed a representative preceding that was against Steggles provided in section IV (a) of the FCA Act 1976 maintaining that Steggles had contravened its conventions with the Growers and indemnity for violation of the contracts. ... (a) that, the Growers had hardly recognized the violation of agreement or loss.... Loss of insurance benefit is a result of direct flown from the violation of duty and a sensible person would have seen it and would act to prevent it....

Principles of public International Law, 5th ed.... Humanitarian intrusion, in order to stop serious infringements on human rights, can also be a basis for legalizing a violation of the duty of non-intervention.... Remarkably, the Declaration on Principles of International Law appends a restraint that a nation that accommodating third party arbitration, for instance, by the international court of justice, on a certain disagreement does not imply surrendering its sovereignty and that by this means subliminally dismissing the dispute of irreconcilability between municipal law and international law (Brownlie, 1999)....

Participants were so irritated especially in the second condition in which they faced a violation of a social norm.... It is worth noting that, it was especially different for people who somehow knew each other, they tend to enjoy the violation.... Not all the participants were comfortable doing norm violation especially for the second condition; but in condition one, the participants asked to violate the norm had no problems....

law and History Review 18(2), (2000).... The paper "The UK criminal law " discusses that generally, the case was very clear.... s per the criminal law proceeding of UK the criminal law in general gets prohibits under certain undesirable acts.... armer, Lindsay, "Reconstructing the English Codification Debate: The criminal law Commissioners, 1833-45".... Rethinking criminal law.... The judiciary of UK considers that the judges who are at common law must scrutinise over the proof of the particular incident that is intended to be illegal and brutal....

The ability to brain storm and formulate avenues that satisfies the interest of each party is necessary when each party doesnt have the same goal in mind. ... They work with other criminal justice agencies to ensure the safety of the public.... Private security and public law, prevent crime and disorder, identifying criminals, and ensuring the security of people and property.... The paper states that having skilled and trained Private Security Officers will lead to different law enforcement perspectives thus reducing crime in Virtual City....

Misdemeanor charges are usually classified as one of the following types of lawful violations (LegalMatch, 2012) “Theft or common theft, assault and battery, drink driving, vandalism, public drunkenness, resisting arrests, obstructing or resisting a police officer, trespassing, disorderly conduct, breach of the peace, failure to appear in court, prostitution“.... The simplest way to say it would be that Felonies are more serious charges than Misdemeanors and therefore, carry a heavier penalty under our courts of law. ...

The paper "Personal Experiences of Children Seeking Political Sanctuary" describes that the social care system of the UK fails to take cultural differences into consideration.... In this regard, it has become relatively impossible for the children to seek help due to language barriers.... ... ... ...

The writer of this research "State Intervention in Private Spheres of Activity for their Intended public interest" intends to take a close look at the topic of privacy in the society.... State Intervention in Private Spheres of Activity for their Intended public interest ... In suggestion that the judges look to a view of the public interest to inform their attitude to the controversial matters of law and order, of political and economic conflict, of sexual and social mores, of personal liberty and property rights, of protest, of governmental confidentiality, of students and squatters, of race relations, of immigration and the rest, I mean to absolve them of a conscious and deliberate intention to pursue their own interests or the interests of their class....

These criticisms evidently showed violation of basic principles of legal entity and fairness and also were carried out to the contrary of ECCC's prior jurisprudence16. ... Thus, the principle of complementarily comes in handy in such a case by empowering the court with the right to intervene in the case where the state is hesitant in prosecution and where the accused might suffer from violation of human rights in the process of prosecution.... In addition, it is an excellent step in the march that is set to achieve rule of law and human rights....

The most significant traits of a criminal advocate can be summarised as follows: He should have adequate knowledge and appropriate qualification in criminal law and criminal justice system.... ?? However, there are restrictions to what is proper for an advocate to carry out in support of his client and the relevant Bar Code explains that a practicing advocate has a paramount obligation to make sure in the public interest that the efficient and proper administration of justice is accomplished....

It must also be remembered that individual agents are no longer immune from liability in USA where a wrongful act in violation of the constitution by a federal agent acting under color of law gives rise to a cause of action for damages against agents, according to the US Supreme Court (Bivens v Six Unknown Named Agents of the Federal Bureau of Narcotics).... This is, in fact, a large possibility given the fact that an officer who had finished a job at 3:30 am in the morning could not be expected to be in his full senses or give his best to another job of nature as sensitive as public security is....

A violation of the law is committed in the execution of an unlawful act.... Business law and the Accounting Profession.... usiness law and the Accounting Profession Introduction Business is used as an instrument to accomplish one's vision.... It is crucial for law and ethics to unite, but unfortunately at times it is not the case.... The day to day dilemmas in business led to the formulation of business laws that seek to promote the value of law and ethics in the globally progressing business environment....

The present study “The Effect of Parental Drug Use in Society” points some of the mechanisms through which parental drug use affects the parent-child mutual-attachment relationship.... Parental drug use may operate in three distinct ways in its relation with parent personality characteristics....

But, the general public usually prefers visiting the hospitals for primary care on ‘same day appointments' rather than care over telephone, though for out of hours service telephone triage is preferred.... This paper seeks to provide evidence based literature review on triage protocol covering various aspects related to it....

Therefore, Brenden is in violation of the sales contract and Natalie has a right to take legal action against Brenden.... However, Natalie must prove to the court that she indeed suffered a loss as a result of a violation of the contract by Brenden.... Therefore, there is a violation of Title VII Act of civil rights, and the three employees can take the matter to a court of law. ... is a code of federal regulation that governs public health ...

While retribution is known to be confused with revenge, it has been pointed out in law and in argument that the difference between the two is very defined: retribution involves limits set according to the seriousness of the wrongs done to society, whereas there is no limit to revenge (Banks, 2009).... Thus, when a criminal law is broken, or gone against, there is a consequence, termed as a punishment, both to give a consequence to those that committed the action as well as, hopefully, to keep them from doing that again The term “punishment” is often associated with something unpleasant, referring to a consequence that would be imposed should a particular action be carried out (Banks, 2009)....

A director will be deemed to be in violation of the provisions of section 183 of this Act, if his behaviour is with the intention of obtaining an advantage to himself, any other person, or if his behaviour causes a detriment to the company, irrespective of what actually transpires[Pri11].... These are a consequence of the Corporations Act 2001, and other Federal or State legislation, common law and equity.... Thus, a scrutiny of the case law and statutory provisions, leads to conclusion that the directors of a company are placed in a burdensome situation....

??9 With this, they foresee that this same definition may be used uniformly throughout the criminal law, except for judges who would substitute the term “reckless” with “gross negligence” necessary in a manslaughter conviction.... In the said Caldwell decision, Lord Edmund-Davies cited the law Commission's Working Paper No.... 1(1) and (3) of the criminal Damage Act 1971, they emphasized on the importance of the legislative intent given to the word “reckless,” which Lord Edmund-Davies exhaustively explained in his dissenting speech in the R v Caldwell....

All agencies involved in criminal justice activities have no enough personnel to patrol all areas of interest in order to give evidence of crimes reports in different areas in the country (PERF, 2011).... There are improved spatial technologies and tools that help in analyzing relationships among organizations, groups, and people of interest to criminal justice agencies and their geographical linkages.... Law enforcing officers are able to access information of interest using their hand held devices to enhance justice....

The writings of this “first wave” of critical race theorist basically stress one main point: “Dominating groups (races) will only sacrifice power when it is in their best interest.... ?? For instance, Derrick Bell writes about “interest convergence” and explains that “whites will only promote racial advances for blacks only when they also promote white self interest.... The second feature, sometimes called “interest convergence” or “material determinism”, adds a further dimension....

n all practical terms, this is a clear case of violation of international law, a situation where a strong country is able to torture and keep without criminal charges a number of men against their will.... While this may show that international law and regulations have failed, it cab be shown that the law itself has not failed rather it is application of the law which has missed the mark completely.... he supporters of international law and many Europeans believe that a diplomatic resolution of the issue can be reached....

Conflict refers to disagreement, this disagreement can be on various levels, for instance it can be on the basis of violation of organization's policy, it may be a disagreement in principle, or disagreement in practice and etc.... Conflict of interest can also be dealt as an act of corruption, because it is the violation of trust, and misuse of a power entrusted to an official on a higher rank who is supposed to use the power for public security instead of personal profit....

This paper is aimed at providing a comparative study of public criminal investigations and private security investigations.... n the other hand a number of factors tend to limit the efficient operations of public criminal investigations the difficulty in proving the relevance of the many pieces of information that public investigators are able to gather.... The technicalities in proving a suspect as guilty in a court of law such adhering to certain set rules and procedures that governs the collection and presentation of evidence may limit the operations of and role of public crime investigations....

This paper describes the effect of the Red Card System which indicate a modest primary attempt to measure the impact of the effort and set the stage for more collaboration among policymakers, practitioners, and the research community towards addressing problem behavior in schools.... ... ... ... One of the distinctive characteristics of a PBS approach is the evolution of multicomponent interventions designed to address multiple issues that affect a person's behavior, along with his or her overall quality of life....

he guilt of a person in a criminal case may in fact be proved without any evidence that he personally did every act involved in regards to the commission of the crime charged; "the law recognizes that, ordinarily, anything a person can do for himself may also be accomplished through direction of another person as an agent, or by acting together with, or under the direction of, another person or persons in a joint effort.... herefore, if the acts or the conduct of this agent, for example - or any other associate of the person for that matter - are directly and specifically directed or unauthorized by the person, or if the person "aids and abets another person by willfully joining together with that person in the commission of a crime, then the law holds the person responsible for the conduct of that other person just as though the person had engaged in such conduct himself....

The concept of public sphere according to Maddison (2007) is considered as a social space for conducting rational and critical discussion about issues of that affect the public by private individuals ready to use arguments to determine decisions.... irst, let us briefly examine the concept of public sphere as explained by Habermas.... Thus, it can be argued that societal integration cannot exist without the presence of public sphere.... lthough, the concept of public sphere by Habermas appears to be influential it has criticized in various way because of its key shortcomings, making it redundant....

Director of public Prosecutions4 and Regina v.... n the Woolmington v Director of public Prosecutions,6 the House of Lords held that: ... Moreover, Lord Bingham, while pronouncing judgment commented about the case of Woolmington v Director of public Prosecutions [1935] A.... This essay "The Presumption of Innocence in English criminal law" discusses criminal law that not only punishes but also affords protection....

Their imprisonment was a form of violation of their international law since they passed through a lot of torture.... The hanging of Bazoft was a violation of his right as well as the international law; the other form of violation was in the form of mass disappearances.... The UN Council following the various cases of human rights violation did a lot of condemnation on Iraqi government.... The revelations of the dungeons, which were packed with inmates, were also a case of human rights violation....

Accusatorial and inquisitorial systems of criminal prosecution share core values such as; legality, equality before the law and proportionality.... It upholds that all are equal before the law and therefore everyone is entitled to equal protection of the law without any discrimination.... Whereas the AG is largely viewed as a defender of the judiciary and an advocate for the rule of law, the AG is also expected to maintain a coordinated effort between the three arms of government and ensure a harmonious coexistence, especially for the central purpose of maintaining public confidence in the rule of law....

The study compared criminal sanctions that were received by physicians, healthcare providers convicted of defrauding the Medicaid program in California, and those imposed on similarly charged.... ... ... At the time of the study, the Medicaid program operated under a fee-for-service structure in which participating health care providers were reimbursed for services according to a fixed schedule (Tillman & Pontell 09). ...

The removal of Aboriginal children was a violation of the tenets of the protection by the state of South Australia.... For instance, the organization has consistently opposed “double detention,” extra-judicial executions and violation against women, especially sexual violence when seeking asylum.... International law and Australian Prisoners 24(1) UNSW Law Journal 17. ... (2009) Genocide : The criminal law between Truth and Justice International ...

This essay "Madame Tussaud's Wax Museum" discusses Madame Tussaud's wax figures.... They are priceless pieces that illustrate the value of modern art.... The figures shown on the website look photographed, and seeing them would entice anyone to come to the museum to take pictures with figures.... ...

Congress later established a District Court for each state that had jurisdiction over maritime and admiralty cases along with minor criminal and civil cases.... State courts handle criminal cases for crimes committed within the borders of the state while crimes committed across state borders are dealt...

The court noted, therefore, that the amendment did not apply to paddling of public school students as a way of instilling discipline (Lenta, 2012).... Corporal punishment in schools entails official punishment of students for deviant behaviors or violation of school rules and regulations.... These students' parents sued the school district on the basis that, as a means of punishment, corporal punishment was a violation of the 8th Amendment of the United States Constitution because it amounted to unusual and cruel punishment....

The author of the paper titled "Appreciating Madame Tussaud's Wax Figures" paper compares the wax figures shown on this website.... In describing the figures (Robin Williams, Johnny Depp, and Denzel Washington ), using what the author has learned about Aesthetics, Art History, and Art Criticism.... ...

Other behaviors have a negative impact on the environment such as littering, and some such as negligence especially in the use of public utilities may result in public health problems (Jones et al.... Journal of law and ... ?? The criminal law Review, Nov.... The nature/extent of ASB in UK- statistics, public perceptions, ASB as an urban issue, ASB in areas of social housing has been exemplified.... In general, there are efforts across political circles to promise the public secure livelihoods....

The struggle against cartels, arguably the most serious form of competition law violation, is moving beyond traditional model of EC law enforcement.... This paper ''Competition law in European Union'' tells us that the protection of commerce across Europe has been proved to be a difficult task.... Competition law in European Union – aspects and characteristics 4 ... ompetition law across Europe 5 ... Cartels under the European Union law 6 ...

This essay "International criminal law and Genocide" focuses on the crime of genocide outlined in the Convention on the Prevention and Punishment of Genocide.... dditionally, genocide is under the international customary law and thus the international criminal court can proceed to prosecute perpetrators of the crimes in the event the judicial system of the country in question has failed to pursue justice for the victims.... 2 In order for a crime to be regarded as genocide, it has to satisfy the provision of the two elements to make the perpetrators culpable under the internal criminal law....

In any country that abide by the rule of law and respect human rights, the woman would have been tried before a court of law instead of just being executed merely on allegations, which have not been proven.... The paper "Human Rights Violations in North Korea and the Failure of the United Nations" highlights that recently, Kim Jong-un ordered the execution of more than 120,000 prisoners with petty offenses in public, in addition to forcing women to drown their babies and procuring forced abortions....

It may afford a complainant with reimbursement of collateral charges, including interest expenses, and reasonable attorney fee.... These questions of whether a violation was with elements of knowledge and intention are established by the court or the jury in consideration of all the facts and circumstances relative to the transaction.... In case she wins her case, Casey stands to recover damages in the amount of any losses she has suffered as a consequence of the violation (Section 813[a][1])....

The combustible younger generation, especially of the African American society, has been caught in the quagmire of mainstream rap and their moral and ethical standards have gone haywire.... Rap is the current expression of resentment against the historical injustice committed.... ... ... What contributed to the origin of rap and negative effects of the current mainstream rap and will it contribute to mitigate the Have the lessons of the historical struggles of the African Americans to tide over slavery and gain civil rights gone in vain as the current trends in hip-hop are out to promote drugs, sex, violence, disrespect to authority and crimes?...

Basically, a pursuit may only be conducted if it is regarding the violation of the customs, fiscal, sanitary and immigration laws of the coastal state and how the law is applicable to the relative regime (Un.... Moreover, Australia has no substantial evidence to validate the claims of violation of its territorial waters rights.... enerally, Maritime zones are recognized under the international law and the zones include all internal waters, the territorial sea, the contiguous zone, the continental shelf, the exclusive economic zone, the high seas and the area....

Therefore the issue that arises in this case is the flagrant violation of the human rights of the citizens of Chacha through the instruments of torture employed by Mr Jojo while he was in power. ... The reason is that he has given up his privilege of sovereign immunity because the crime against him is that of violation of human rights.... However, recent developments have spurred a rising public outcry in the international community against dictators who abuse their powers in their home countries and are responsible for countless atrocities against innocent civilians....

Given this scenario, the most that Alan can be held liable for is violation of sections 47 and 20 of the Offences Against the Persons Act.... This study "Describing Situations in English criminal law" discusses the case at bar "Liability of Alan", therefore, apply the principles of men's rea and the underlying laws that punish criminal offenses.... criminal law: Under our English law, a person can be said to be guilty of a crime if he or she proven to have committed a voluntary physical act or has omitted to perform an action which he or she should do under the law....

On their way home, Sally their neighbour, approaches them complaining about their constant loud music.... An argument breaks out between the four.... Sally throws a punch at Molly and.... ... ... Kirk is disgusted by their conduct and with the purpose of “teaching them a lesson” he runs home to fetch his car and then drives it towards them at high speed....

The fact that it may also be easier for a shareholder, performing on the company's behalf, to sue a director, for violation of duty is a point of concern.... Law of Business Associations Law of Business Associations The question concerning the scope, form, and content of directors'duties is a long-standing problem in company law and corporate governance.... The act included a new statutory statement of the universal duties of directors in place of the common law and replaced the additional rules on directors' duties relating to fair dealing formerly found in Part X of the Companies Act 1985....

criminal law and Practice.... Treason is accorded a fastidious concern since it does not only violate the public interest, but also posses a threat to national security and is accompanied with severe penalties (Omerod 2008).... hether the issue of health and safety in the work place is handled by either criminal or civil law, the main objective is to ensure the rule of law and that justice is done.... Constitutional law and the criminal justice system....

burn & Hayes, criminal law and Procedure in NSW, 2nd ed.... "Analysis of criminal law Cases" paper finds the relevant laws and builds a case that, first David can file against Sam, demonstrating Sam's legal liabilities, and second, the case that could be filed against David himself because he threatened Sam with murder and that he stole Sam's watch.... He stole Sam's watch, which makes him directly accountable to Sections 155 (robbery and stealing from person) and 158 (robbery with violence) of the South Australian Legislation governing robbery- the criminal law Consolidation Act or the CCLA Section 155 states5, ...