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16 pages (4000 words)
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Journal of criminal law & Criminology 93: 827.... (1997) The emerging system of international criminal law: developments in codification and implementation.... Youth Offending: Over Representation of Ethnic Minorities within the Criminal Justice System in England and Wales By of Institution] [Word Count] [Date] Introduction Social exclusion and socioeconomic statuses have been central to the study of the over-representation of ethnic and racial minorities in criminal justice systems of many a country (Hills, 2002)....
Local law is implemented in the state court system concurrent with national law enforced in the federal court system.... Federal courts hear civil and criminal cases that involve federal and constitutional law, special subject matters like federal tax or bankruptcy.... State courts reserve the authority to hear criminal and civil cases related to state constitutional issues and laws (Neubaeur & Fradella, 2010).... Further, courts are an important feature of the criminal justice system....
On the contrary, Caparo v Dickman4 particularly warned against the incremental expansion of the law of negligence by setting policy restrictions on claims that contemplate cases beyond physical injuries.... Aside from the criminal action brought against them for misfeasance in public office, an administrative disciplinary action of suspension was also imposed on the five appellants.... y the middle of 2001, however, all criminal charges against the four appellants were dropped, followed by the lifting of their suspension....
Ethical dilemmas and decisions in criminal justice.... Ethics in criminal Justice: In Search of the Truth.... However, the evidence assumes different forms as per their definitions by the court of law.... The incorporation of warrant in the quest for evidence in the investigation is a complex issue since the policy caters for both the criminal side and le law enforcement sides fairly.... However, the police are permitted by the law to impound any illegal materials found in the process....
Peoples' aspirations, meeting expectations and the available opportunities created a strain on them making them get involved in criminal activities.... This school of thought details that an individual has to be motivated to get involved in criminal activities.... Criminality entails all matters that have anything to do with breaking the law, making law and reactions that concern law breaking process.... Criminality entails all matters that have anything to do with breaking the law, making law and reactions that concern law breaking process....
Peoples' aspirations, meeting expectations and the available opportunities created a strain on them making them get involved in criminal activities.... This school of thought details that an individual has to be motivated to get involved in criminal activities.
... The classical and choice theories do not support rehabilitation as a way of enforcing the law.... Criminality entails all matters that have anything to do with breaking the law, making law and reactions that concern law breaking process....
in criminal law, deterrence has different implications in law enforcement, judicial, and correctional practices.... his is a practice adopted by criminal law that seeks to discourage criminal offenders from repeating their crimes, and those in society from attempting to commit any crimes.... This is a practice adopted by criminal law that seeks to discourage criminal offenders from repeating their crimes, and those in society from attempting to commit any crimes....
It is suggested that attending problems associated with the pitfalls of the use of forensic science are outweighed by its positive role in and impact on the administration of justice.... This research study examines the history and development of forensic science as an investigative and prosecutorial tool in the administration of justice....
«rights and Remedies within the Tort Laws»
... “Advertisement has played a critical role in influencing consumer demand for goods and services despite the fact that there might be some 1defects on the advertised products....
7 pages (1915 words)
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The task of police should be to maintain law and order, but surprisingly, they involve themselves in actions that defy their responsibilities.... Through law, police officers should use guns at the last case situation, but contrary, police shootings and killings are increasing on a daily basis.... Generally, the law stipulates that, for a police officer to search any premise, they must present a warrant from the authorities authorizing hem to exercise the search....
8 pages (2280 words)
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In other words, people who engaged in criminal actions create their own law and social system.... It is a part of common knowledge that people who engaged in criminal activities often misuse the right to use firearms.... When people are protected by law with regard to the use of guns, one can certainly say that there is more probability for its abuse.... However, an effective law or strict regulation is essential against the use of guns in the hands of criminals, mentally ill persons and children....
10 pages (2938 words)
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?? American criminal law Review.... Whether or not it is cruel is not definable by law.... Whether or not it is cruel is not definable by law.... The only law repeated in all five books of the Torah is the condemnation of murderers to death (Prager, 2001).... Cornell law School Legal Information Institute.... istorically speaking, the rational for punishing criminals has been to avenge the crime, to protect society by imprisoning the criminal, to deter that person and other potential offenders from the commission of crimes and to obtain reparations from the offender (Wolfgang, 1998)....
The constitution, which should protect peoples rights contain laws, which interfere with the offenders freedom and rights.... However, the government must consider the right of individuals and avoid any law that can infringe on the human rights.... However, the government must consider the right of individuals and avoid any law that can infringe on the human rights.... The sexual predator law, the statute mandates long periods of civil commitment for habitual sexual offenders and sexual psychopaths in their criminal sentences....
9 pages (2398 words)
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Although it has nowhere been evidenced that Romans encouraged suicide or death in case of women who were victims of rape, neither “suicide nor attempted suicide infringed Roman law,” thus making it okay for females to take life if they felt it necessary under the prevailing circumstances (Stivala 1).... Although many Christians did not hold and encourage his thinking, it was Augustine's prohibition of suicide that later became the pillar stone of Christian law, which now states that Christians under no circumstances are they allowed to commit the act of suicide....
This has been stressed upon in the UDHR by stating that ‘it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law' (Gómez & Feiter, 2009).... Keeping in view the fact that law enforcement in conflict-affected regions of the world becomes impossible during ongoing aggression, the international bodies concerned with the protection of human rights should divert their efforts towards empowering women in terms of their preparedness for war....
10 pages (2629 words)
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For violators of its sacred rules of conduct, the traditional Islamic law provides a clear message of swift and severe punishment, (for example amputation, death by stoning and beheading) and the lingering fear of eternal damnation through Allah's almighty power (Miethe and Lu, 163-164).... Punishments under Islamic law Punishment in pre-Islamic Arabia was based primarily on the principle of retaliation (lex talionis).... No fixed monetary amount is established for compensation in the primary religious texts for Islamic law....
16 pages (4418 words)
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As criminal justice involves institutions that maintain and defend social control principles, the rule of law in United States society, the potential benefits or hindrances of gun control have significant implications for criminal justice practitioners charged with protecting society.... Chicago, struck down a Chicago law attempting to ban handguns for private citizens.... Chicago refused to legally register his handgun as a result of a lingering 1982 law which prevented McDonald from legally owning a handgun....
8 pages (2328 words)
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Probation in criminal law refers to a period of supervision of an offender outside prison while a parole refers to the release of a criminal from prison before completing their term in prison.... Therefore, these methods are not only unethical but also inefficient in criminal justice.... For instance, there is a California law that requires that those who are victims of sexual offence of children below the age of 13 years be injected with Depro-vera, a sexual control chemical (Ohlin, Piven, & Pappenfort, 2000)....
One of the amendments after the Sexual Offence Amendment Act of 1976 was the Fifteenth Report of the criminal law Revision Committee (CLRC), on Sexual Offences, April 1984.
... ifteenth Report of the criminal law Revision Committee (CLRC), on Sexual Offences, April 1984
... The criminal law revision committee argued that since all defendants are involved in criminal cases there was no need to differentiate them while executing justice.... According to the Fifteenth Report of criminal law Revision Committee 1984, granting anonymity to the defendants meant that their names would be made public by the social media....
6 pages (1725 words)
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The paper "Human Trafficking" is a great example of a literature review on law issues.... Exploitation creep and the unmaking of human trafficking law.... ?American Journal of International law, 108(4), 609-649.
... It is of particular importance to realize the criminal sects contributing to the human trafficking acts through coercion and deceptions.... Based on Chuang (2014), the organized criminal gangs managing to cross different national boundaries undetected is a course of worry especially about opening a channel of other illegal activities that surpasses that of human trafficking....
20 pages (5000 words)
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However, some scholars believe that both views fail to be true; there is a 'lack of understanding of the eighteenth century world in which the Second Amendment was drafted and adopted' (Cornell 161 cited by Carter 24) and it results in misinterpretation of the law by contemporary Americans.... The proponents of gun ownership rights believe that the Second Amendment is a guarantee of every individual to own and use arms for self-protection, protection of property, home, family, etc....
ithout developing too much on it, it has to be said that transborder searches, positive conflict of jurisdictions and requests of mutual legal assistance in criminal matter can raise a lot a difficulties and can cause delays in solving cybercrime cases.... The paper "Internet law and the Privacy Act 1988 " discusses that harmonizing the legislation is obviously not enough.... Before this Communication was issued, there were different orientations even among the law enforcement agencies, the concept being used rather in media, academic world or among the criminal justice actors....
An abusive relationship is not solely initiated and sustained by the abuser only, but the victim also plays a key role through his or her personal traits and response to abuse.... More often than not, women are considered as the major victims of abuse, whereby their male partners expose them to torturous experiences such as beating, denial of basic necessities, such as food and clothing, sexual exploitation and adultery.... More often than not, women are considered as the major victims of abuse, whereby their male partners expose them to torturous experiences such as beating, denial of basic necessities, such as food and clothing, sexual exploitation and adultery, verbal abuse on the spouse and the children among others....
In this sense, crime can be defined as an act that is in violation of the law of the region, and for which a punishment can be imposed.... This removes the subjective nature of the previous definition, although it can still create situations where the law degrees that a person has committed a crime, but they do not believe so, or times where an immoral but not illegal act has been done.... People tend to lose confidence in the law, and believe that it has no ability to protect them....
Plea bargaining creates a gap between theory and practice in criminal justice system.... harge bargaining is an important form of plea deal in criminal sentencing.... lea bargaining is a process in legal system which is often used in criminal cases.... Plea bargaining is not created by law but it is only a legal practice.... Plea bargaining has been an ethical issue in professional conduct of law practitioners....
Furthermore, in criminal cases women have used defences such as post-natal depression as the reason for infanticide and other crimes.... 3] Lombroso argued it was the females' natural passivity that withheld them from breaking the law, as they lacked the intelligence and initiative to become criminal.
... Further explained, females have a milder temperament, have a lesser ability to commit crime and are more easily conditioned towards abiding the law....
The paper "Lay Participation in criminal and Civil Law Procedure" discusses that democratic participation is a recurrent factor of consideration.... Lay Participation in criminal and Civil Law Procedure Introduction The role of lay participation in the process of administering justice differs across various countries.... eople in many countries continue to debate whether to include or exclude citizen participation in criminal and civil justice proceedings....
29 pages (7250 words)
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While the actual study of law covers so many topics that may come across as routine and ordinary, such as the law on property and on personal relations, the law that is depicted in primetime media is always dramatic and suspenseful, and always in the field of criminal law.... The general law on the treatment and questioning of eyewitnesses discussed to establish the common practice in this legal procedure.... After that, the general law on the treatment and questioning of eyewitnesses shall be discussed, to establish the common practice in this legal procedure....
Marriage, family relations and rights with regard to choice of spouse, parenthood, personal rights and command over property receive detailed description.... he implementation of the 1979 UNGA convention was a creditable effort in bringing out human rights concerns of the female half of the humanity.... The agenda is then spread over fourteen such articles including human reproduction aspects and their rights therein.... While cultural and legal status of women receives maximum attention, their rights to education, employment, economic and social activities are also critically assessed....
Social conflict theory focuses on why governments make and enforce rules of law and morality then why an individual violates the law.... “Conflict theorists seriously contradict the long-held presumption that the American system of law and justice is humane and fair to all citizens.... Social class factors in when relating to the type of criminal actions perpetrated.... From a social conflict perspective, it must be understood how class, state, and social controls within a capitalistic society lead to increased crime due to the criminal laws and criminal justice system imposed on the lower middle class....
efferson, M (1999), criminal law (4th edition), Pitman Publishing
... Jefferson clearly summarized the current position with regard to mistake as a defence in criminal conduct.... For instance, she wonders how is it plausible to tell children that it is against the law to engage in sexual intercourse before attaining the age of 16 and it is also against the law to kiss before attaining the age of 16, however, its alright to kiss, but wrong to engage in sexual intercourse....
36 pages (9000 words)
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This paper "The Change in Federal law Enforcement After 9/11" explores the federal law enforcement after the September 11 attacks with a focus on the Homeland Security Act, the United States of America Patriot Act of 2001 and the Homegrown Terrorism Prevention Act.... In the USA, the criminal justice system is composed of similar but separate systems depending on the state, city or county.... Each jurisdiction has its own set of criminal justice laws and agencies....
Parents from these families engage in criminal activities that get them to jail.
... This further makes them suffer in poverty and thus tempted to engage in criminal activities.
... Truant youth who drop out of school are more likely to engage in criminal activities.... Moreover, association with friends who get involved in risky behaviors may make an individual engage in criminal activities.
... any American citizens who lack jobs among the youth and adults are tempted to engage in criminal activities to acquire money that they can use to finance their basic needs....
This paper ''Role of Torts law in Corrective Justice'' tells us that Torts law has for a long time been torn between two ends of justice: the corrective end and the distributive end.... The corrective end calls upon the law of torts seek to contain wrongful acts though enhancing the moral conceptions of responsibility.... Some scholars like Coleman (1994) have argued that the nature of the law of torts favors the corrective ends....
law enforcement is ensured through a number of mechanisms and one important such mechanism is the criminal justice system.... l justice is of great importance to any democratic society and America entrusts the criminal justice system with the role of ensuring justice for all as well as maintaining law & order thorough fair administration of the goals of punishment.... College DateAmerica is world's largest democracy and therefore the rule of law as anchored in the constitution is extremely important to the American society....
4 pages (1000 words)
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, Research Proposal
In present paper, our focus will be on “child victims of war”, as is seen in any (ethnic) conflict around the world, small children crying on the ets walking through the rubble of destruction and relatively large children carrying revolvers and AK-47s[5, page2] on their still underdeveloped shoulders....
The objective of paper "Personal Identity Theft" is to come up with a sensitization framework of educating the public on identity theft and to establish ways of preventing the crime.... To achieve this, this paper will give a background of the crime, articulating the forms in which it could be executed....
11 pages (3113 words)
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That is, the Victims, Witnesses, Offenders and the law enforcers have to work as a unit so that they can control and bring to order any emerging key issues.... He argued that the transformation and changes of the roles of the police in the fight against crime has achieved much, mainly because of the professional approach by which the law enforcers give it.... Other recommendations that were put forward to be implemented by the law enforcers in the United Kingdom include the following (Snider, 2004, p....
10 pages (2711 words)
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An abusive relationship is not solely initiated and sustained by the abuser only, but the victim also plays a key role through his or her personal traits and response to abuse.... More often than not, women are considered the major victims of abuse, whereby their male partners expose them to torturous experiences such as beating, denial of necessities, such as food and clothing, sexual exploitation and adultery, and verbal abuse of the spouse and the children among others....
If to follow the conditions of the UN regulations and the provisions of MONUC, it is evident that the crimes committed against girls and women will be focused on crimes prevention with regards to violent moods of rebellions, soldiers and militia, which are accused of violation of human rights in general and assault on women in particular.... FARDC troops are unaware of social, legal and rights' protection policies in Congo.... The maze of tribal state and federal law contributes to confusion regarding which jurisdiction the law falls under....
The paper "criminal law in Hong Kong" states that generally speaking, the Drug Trafficking (Recovery of Proceeds) Ordinance (DTRoP) and the Organized and Serious Crimes Ordinance (OSCO) are two of the ordinances which inherently contain mandatory reporting clauses.... This can be illustrated in Stephen's Digest of the criminal law (fourth edition, 1887): A sees B drowning and is able to save him by holding out his hand.... The criminal law's current position in Hong Kong is very unlikely to hold A liable for any criminal offence since the basic requirement of 'voluntary conduct' is not satisfied....
11 pages (2750 words)
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For the sake of the children: the law, domestic violence and child contact in England.... Family law, pp.... However, the acts often included under criminal jurisdiction mostly involve incidents with physically violent acts.... The Coy and Kelly study discuss how victims of abuse now have recourse to the criminal courts to seek for police involvement and the criminal prosecution of abusers.... This study indicates that social workers have a duty of assisting the victims of abuse in filing their case before the criminal courts and to work with the police officers in order to establish a strong case against the abuser....
Among the multiple contributions made by NGOs globally the provision of the human rights in the UN Charter is one of the most significant NGO's contributions.... Marcinkute (2012) further claims that the impact of NGOs is analysed in the article vis-à-vis providing of answers, improvements of human rights within a state, and how to defend the rights in the world.... Moss (2010) also comes up with a critical recommendation and guidelines for NGOs to promote human rights in the world....
12 pages (3294 words)
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Even during 20th century, until 1980s, husbands were immune from prosecution for raping their wives as held in R v L (1991) It was because of the recommendations of law reforms commission in 1986, the protection orders were introduced as an immediate and preventive remedy for persons at risk of domestic violence which could result in breaches of ordinary criminal law.... Some times, doubts are raised whether protection orders are counter productive since enforcement of criminal law by police for obtaining civil protection order in cases of assault, making threats of violence, and stalking which are already criminal offences....
These codes and statutes are the guidelines for the regulation of matters relating to criminal law in contemporary legal systems.... It became increasingly obvious that some aspects of the legal system, the extreme measures instituted in criminal proceedings, and the dearth of commercial law, for example, were keeping the Chinese legal system from being competitive as compared to other jurisdictions.... It derives its main sources of law from the Constitution, the Statutory Laws passed by the NPC, International Treaties, and Case law....
The author of the "Legal Theory and Natural law" paper considers why there should be such a link between human rights and natural law and explore some of the alleged limits of rights-based thinking by reference to both the literature and concrete examples.... To give a more detailed analysis of the issues of rights discourse and the relationship with the concepts and issues of positive law, we would have to discuss the meaning and history of individual rights....
15 pages (3771 words)
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The author of the paper titled "The Current Legal Position with Respect to Payback Punishment When Sentencing Aboriginal Offenders" discusses whether this approach gives sufficient recognition to Aboriginal criminal law within the Australian legal system.... Dose this approach give sufficient recognition to Aboriginal criminal law within the Australian legal system?... Difficulty arises because of dichotomy between English and Aboriginal law in the matter of criminal law and traditional tribal law....
mprisonment in criminal law should be retained now and in the future.... The paper "The Existence of Civil Law" discusses that civil and criminal law play an important role in ensuring the peaceful coexistence of members within a community or a country.... Civil War and criminal law Civil law is simply a discipline dealing with disagreements between private parties.... On the other hand, criminal law resolves dispute between a state and a person....
12 pages (3504 words)
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he payback system under the customary law punishment has broadened the scope of application of the criminal law, in sentencing.... The Northern Territory has applied the Aboriginal criminal law.... t is undoubtedly difficult to bring about meaningful change to criminal law, so that relevant reform could be effected in the area of customary law that involve physical punishment.... Now, the question arose, as to whether this could be extended to Aboriginal criminal law (Mabo and Others v The State of Queensland (No 2), 1992)....
He believed that society produced crime by the complementary way in which the increase in criminal opportunities leads to an increase in the number of potential offenders.... ea, J & Young, J, 1984 What Is To Be Done About law and Order.... Left realists called upon the criminal justice system to stop criminal victimisation and not take any regard of the class of the perpetrator (Cohen, 1985).
... Within left realism the labelling theory of criminology focuses on activities within society as well as in the activities of the criminal justice system....