Victims Role and Rights in Criminal Law Essay Samples and Topics Online

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One of such realities with different perceptions is the criminal law system.... The paper "Movies about Criminal Justice System" discusses that the criminal justice system fails as a form of dispute resolution and the star seeks his own means of arriving at justice, ineffective law enforcement agencies, legal experts taking advantage of flaws within the system.... In this regard, this paper presents two movies, which include the law Abiding Citizen and A few Good Men, and their perspectives of the criminal justice system....

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Serial Rapist

9 pages (2250 words) , Download 3 , Research Paper

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No law or court can stop their ultimate desires and its subsequent actions.... Once they fall in to the trap of their desires and psychological needs then no law can pull them back to the normal way of life and that is why their punishments ends up for 20 to 40 years.... One similar case of a serial rapist illustrates that the criminal was arrested and then sentenced to prison in 1994 in Manhattan, New York.... When she returned back in the late afternoon she did not knew that some serious criminal is waiting for her in side....

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A Study of Child Abuse and Acquaintance Rape Victims

15 pages (4315 words) , Download 2 , Term Paper

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law enforcement, and society in general, seems to attribute much of the responsibility for the sexual crime to the victim herself.... Numerous questions asked by law enforcement are endured with similar looks being exchanged as well.... law and Human Behavior, 36(5), pp.... Psychiatry, Psychology & law, 16(1), pp.... The criminal justice system puts much of the burden of proof on the woman to demonstrate that something happened on the day/night in question that constituted rape; as opposed to all the other times the two individuals were together....

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The Different Types of Jurisdictions

8 pages (2144 words) , Download 3 , Essay

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A court of original jurisdiction is the court that possesses the power to try a case, resolving the merits of dispute by deciding the legal issues, determining the facts and applying the law to the facts.... Federal courts and state have restricted jurisdictions over many sectors of law and concurrent jurisdictions over areas of mutual interest.... Similarly, they have jurisdictions over civil cases that involve state law issues between different states having great damages (Garvin, 2002)....

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Collaborative Model of Criminal Justice

16 pages (4000 words) , Download 3 , Essay

The motivation to commit criminal acts was considered to be due to the perceived rewards or gains of the acts.... One of the challenges of such a perspective is that there is limited consideration for the development of criminal behaviors or the factors that contribute to their prevalence or the means preempting crime beyond control measures.... Perspectives in criminology have kept pace with sociology and psychology in particular, recognizing both the role of society and individuals in crime, victimization and punishment (Jackson, 2004)....

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Treatment and Therapy After Rape

7 pages (2437 words) , Download 3 , Research Paper

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Because of shame and guilt associated with rape, most victims do not report the crime; cooperation with law enforcement is mostly coerced by family members who encourage the patient to report the crime.... However, there are some notable cases where the patients report the crime to law enforcement agents.... Following the outlawing of marital or spousal rape, law enforcers and the court systems have no tolerance towards rape perpetrators.... Clinicians are involved in the investigation process and are sometimes called upon to offer their testimonies in courts of law....

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Criminal Justice and the Rule of Law

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In other words, an individual will not be held accountable for a crime unless his or her conduct is defined by the criminal law as an offence and his/her culpability has been proven by virtue of a constitutionally fair criminal investigation and trial.... This is unfortunate, because it is a well-established principle of criminal law that ignorance of the law or mistake of the law is not a defence to criminal behavior (Loewy, 2009).... criminal law: Cases and Materials....

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International Human Rights Law: Does It Uphold Human Rights

16 pages (4000 words) , Download 5 , Essay

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She alleged that the French criminal law did not afford her sufficient and effective protection against the "servitude", or at the very least against the "forced and compulsory" labour which in practice had made her a domestic slave22.... This research is governed by the following research question, which will aid in attaining objectives and aim of the research: Does International Human Rights law Uphold Human Rights?... There are two aspects of the International Human Rights law that need to be understood and appreciated....

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Rape Abuse Rate from Criminology Point of View

13 pages (3250 words) , Download 3 , Research Paper

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Feminist activism has also had a major impact on many areas of the law, including rape, self-defense, domestic violence, also, sexual harassment.... The proponents of this approach call, repeatedly, for equality before the law regardless of gender.... Feminists claim that while women might be treated with more leniency by law enforcement as indicated by chivalry hypothesis, there is a possibility of a treatment that would be more harsh in an attempt to keep them from achieving full equality with men (Akers&Sellers 2008)....

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Human Rights Violations and the Possibility for Change Introduction: Sexual Abuse in India

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?? criminal law Journal, 1 (2008): 81-92.... The organization advocates for Dalit community human rights in more than three thousand villages and works extensively with women and children.... The author argues that the major problem with sexual violence in India today, just like it has been for many years is the fact that most perpetrators in rape and sexual harassment cases are routinely acquitted in courts of law for lack of sufficient evidence....

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Debates on the Issue of the Death Penalty

5 pages (1341 words) , Download 4 , Essay

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The law on conviction of criminals differs from one nation to another, with some nations having stricter laws than others.... In the United States, criminal punishment has been riddled with controversy with some people opposing it on the grounds that what motivates law enforcers is revenge as opposed to ensuring that the victims get justice.... In most instances, the United States law convicts criminals to death penalties in the case of murders....

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Why the Conviction Rate for Rape Remains So Low

17 pages (4639 words) , Download 5 , Essay

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Thus, not only the public should be educated about the law, the court system and the police should also be educated on this law as it gives special care and attention to the needs and rights of the victims to gain justice.... The first thing to consider is how the law is structured.... With this, it can be determined how the law should be changed or what are the missing ingredients in the recent laws that will push for higher conviction rate....

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The Color Purple by Alice Walker

8 pages (2185 words) , Download 2 , Essay

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Some that are enumerated include social stress, the assertion of power by the batterer, marital dependency, the influence of alcohol, and common-law tradition that permitted a husband to discipline his wife' (Wallace 196).... Some that are enumerated include social stress, assertion of power by the batterer, marital dependency, the influence of alcohol, and common-law tradition that permitted a husband to discipline his wife” (Wallace 196).... This essay "The Color Purple by Alice Walker" discusses the heroine Celie in the span of 30 years was subjected to criminal victimization of different nature ranging from incestuous rape, selling to the highest bidder, physical abuse, virtual slavery....

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Deviance and Difference

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Formal deviants are violations of the criminal law while informal acts are dictated by social norm.... ight realism promotes for law and order policies.... 1Right realists believe that the law should be definite and strictly imposed and that the consequences of involvement in deviant acts should not be in form of reform rather a strict punishment should be enforced as a means of curbing deviance.... This shows that all cultures devalue domestic violence, thus the laws of Australia consider it to deserve criminal prosecution....

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Controversy of Suicide in Criminal Justice

3 pages (750 words) , Download 3 , Essay

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The essay "Controversy of Suicide in criminal Justice" focuses on the critical analysis of the major issues in suicide as a controversy in criminal justice.... uicide is one of the controversial issues in criminal justice.... ne can infer that the law tends to protect people from painful death caused by suicide when the slow death caused by euthanasia is allowed.... It might also raise questions as to whether the law can be used to determine those who should be granted the right to decide whether to die....

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Criminal Justice Capstone: Domestic Violence Thesis

59 pages (12500 words) , Download 8 , Thesis

The role of law enforcement authorities is also elaborated and the laws enacted to protect victims and punish offenders.... The paper "criminal Justice Capstone: Domestic Violence Thesis" looks into the problem of domestic violence and its prevalence in society.... The role of various organizations in helping to alleviate the problem is described in addition to the contribution of previous research in helping to understand the nature and scope of the problem and possible solutions....

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The Death Penalty Distinct Ruling's

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86 cornell law review.... he ruling's effects on the adult sentencing criminal process Even, though, some may argue that an adult is aware of the crime he has committed, there are some facts that people would tend to assume.... An adult criminal has rights, just like another person, and should not be treated differently.... Thus, death penalty can be both adequate and inadequate when it comes to an adult criminal depending on the facts (Gary, 2001)....

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The Death Penalty

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American criminal law Review, 40, 1151-1194. ... Therefore, those who are afraid of death might be deterred from committing crime when they consider the risk of death that can be inflicted by law and scheduled by the courts.... Criminologists and law enforcement officials have also supported the view that death penalty is not the greatest deterrent to criminal violence.... law and Human Behavior, 24, 659–683. ... Public Interest law Journal, 16, 195-253. ...

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The Role of Public International Law In Relation to Darfur

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The paper "The Role of Public International law In Relation to Darfur" highlights that although the principles are wide enough to cover all the problems, what needs to be done is to modify some legislation so that the law of the land will be in line with these principles.... The paper is an essay that critically discusses the role of public international law in relation to Darfur.... Three major areas are put into the spotlight; these are the principles of public international law involved, whether there is a need to modify some of these involved principles and finally the nature of any modification of the said principles as well as the likelihood of the advantages and disadvantages of any modifications....

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Victimology Awareness: Does It Help the Security Manager

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Let us examine the study of victimology in the case of police officers as victims within their own department, since protocols of law enforcement security are thoroughly explored already, but not much is said in regard to the protection of officers from each other.... Police officers as victims of interdepartmental crime are just as human as anyone else, and security management personnel in law enforcement would do well to exercise preventive measures in accepting trainees in areas that are prone to police corruption....

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Are Restorative Justice Principles Universal

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However, although lack of cooperation has been cited as a major drawback to the application of restorative justice in criminal justice systems, research indicates that majority of individuals offered a chance to participate in restorative justice would want to do so and the rates of agreements have been noted to be high.... ue to the fact that restorative justice attempts to involve communities, the available level of resources and skills may hinder the extent of its application in criminal justice systems....

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Does Victimology Awareness Help the Security Manager

12 pages (3286 words) , Download 3 , Essay

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Let us examine the study of victimology in the case of police officers as victims within their own department, since protocols of law enforcement security are thoroughly explored already, but not much is said in regard to the protection of officers from each other. ... Police officers as victims of interdepartmental crime are just as human as anyone else, and security management personnel in law enforcement would do well to exercise preventive measures in accepting trainees in areas that are prone to police corruption....

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Criminology: The Justifications for Violence

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Added to that, and as the equally famed defense attorney, Leslie Abramson points out, the criminal justice system is further conspiring against its own self and undermining its own effectiveness by reneging on the principle of the equality of all before the law.... Indeed, the arguments forwarded by both Dershowitz and Abramson appear to underscore the degree to which the law is failing in its responsibility to deter crime through the deliverance of justice....

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The History of Restorative Justice in the UK

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(1898) The History of the English criminal law ... They were among the pioneers of identifying that a crisis is taking place in criminal justice system and suggesting an alternative paradigm that could replace the traditional one.... Galaway (eds) Restitution in criminal Justice, Lexington, MA: DC Heath and Company. ... Galaway (eds) Restitution in criminal Justice, Lexington, MA: Lexington Books.... The paper "The History of Restorative Justice in the UK" highlights that during 1980, Howard Zehr(1990) asserted that the modern criminal justice system sees it through the retributive model that regards crime as law-breaking and justice as regulating with blame and punishment....

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How Victimization Evolves to Empowerment

14 pages (3500 words) , Download 2 , Essay

??2 King on the other hand remarks that black are denied their “constitutional and God given rights” under racial discrimination.... This is an attempt to get the mass society acknowledge that black are real victims.... This method adopted by King stands proof to the fact that it is only through making victims as well as perpetrators acknowledge the victim status of the black, that the process of empowerment can begin....

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Hollywood Justice: Fact and Fiction

6 pages (1500 words) , Download 2 , Term Paper

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The criminal mind is articulate and clear and has the intentions to outsmart the system of law and justice.... The effectiveness and the smartness of the law enforcement agencies and the police in being to detect the intentions of the crime, identifying the criminal and collecting adequate evidence against the criminals to ensure justice is also understood.... The practical scenario of implementation of law enforcement bodies and the effectiveness of the system of judiciary in delivering justice is a matter of debate....

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International Criminal Justice, Comparative Sentencing and Penology

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ombs, N A, Guilty Pleas in International criminal law: Constructing a Restorative Justice Approach Vol.... ressler J, Understanding criminal law 2nd ed 1995 new york p10-13 ... or some the use of plea bargaining has little effect either for the defendant or the victim as there is quite a high possibility that the defendant will continue to flaunt the law.... ?? The Yale law Journal 84:1179-314.... olumbia law Review 76 (7)....

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The Role of ICTY in Developing International Criminal Law

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"The Role of ICTY in Developing International criminal law" paper argues that though some of the decisions remain controversial to date, the basis for argument and decisions arrived at by the judicial team at the ICTY has formed the basis for developing international criminal laws.... The Role of ICTY in Developing International criminal law Introduction During the Bosnian conflict, both sides of the divide were accused of engaging in atrocities and crimes against humanity by instigating ethnic cleansing and genocide....

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The Common Law Still Has a Role to Play in the Law of Evidence

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4 In Washer v Western Australia (2007) 234 CLR 492 as presented in the High Court's criminal proceedings, the relevance relied on whether the evidence could indirectly or directly affect the assessment of the existence of a fact in criminal proceedings.... 0 in criminal proceedings in Victoria, the admissibility of propensity evidence is guided by Crimes Act 1958 Section 398A, which provides guidelines to weigh the impact of the decisions.... S97 and s98 provide rules for admission of tendency and coincidence evident when it comes to criminal and civil proceedings and presents the limits of adducing such evidence by the prosecution in criminal proceedings (s101)....

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The Criminal Justice System

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The main intention of a criminal law is to safeguard society.... One of the famous maxims about criminal law is that the punishment must fit the crime.... Each player in criminal justice system requires to gain assistance and cooperation of the other actors by assisting those players to accomplish their objectives.... Ethics in criminal justice system is particularly a significant issue in today's context by giving attention to the extra authority and power granted to those operate ,work and manage the justice system....

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Women Victims of Domestic Violence

10 pages (2784 words) , Download 2 , Essay

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However, human rights sometimes conflicts with other spheres such as religion, politics or the criminal law.... Human rights are the privileges and rights inherent to all human beings, whatever their sex, gender, color, nationality, place of residence, national or ethnic origin, or their language.... The Human Rights Act of 1998 enforced in the United Kingdom in October 2000 contains a series of sections that have the effect of codifying the protections in the European Convention on Human Rights into UK law....

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Why Is Criminalization Significant to Victims

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Privacy violations, which result from being persuaded to get unwanted information in public places, would lead to an adequate bad implication for the aims of provoking the criminal law, but proportionate punishment implies that such conduct must only be penalised with fines instead of jail terms. ... aker, D 2011, The right not to be criminalized: demarcating criminal law's authority, Ashgate, London. ... The main issue is that, in the dialectic of Left Realism and Right Realism, a spotlight on the victim encourages rights selectively for specific victims, and promotes the theory that some victim rights and freedom are more significant compared to competing values or rights in society....

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CRIMINOLOGY

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However, the Gulf countries forget to examine the most perturbed state of affairs being observed in their own lands, where the people are exploited and raped secretly with the support of law enforcing agencies.... The Background of the Rapists: The biased, prejudiced and cruel law enforcing agencies of Dubai never let the identity of the vicious rapists disclosed before the press.... Crime cannot be confined as an out come of the social conflict only; rather, many other reasons also play dynamic role in committing crimes and violating the statutes of law....

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Criminal Justice Process for a Felony Criminal Charge in a State Court

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in criminal cases, if an accused is found guilty by the jury / court, he / she will receive jail sentence or to bear the cost and expenses incurred by the victim in consequence of the punishment of the crime (Steury & Frank, 1996). ... If a person commits a crime by violating the state law, he/she may be prosecuted under the law of the land.... If a person commits a crime by violating the state law, he / she may be prosecuted under the law of the land....

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Criminal Performance Among Young People in the Recent Years

25 pages (6250 words) , Download 2 , Dissertation

There are various regional variations that are highlighted and measures for averting juvenile criminal performance.... Throughout the early contemporary epoch, there had been recurring frights with regards to crime and criminal characteristics.... This dissertation discusses some fundamental suppositions associated with delinquent performance, trailed by a delineation of the several attributes underpinning such phenomenon....

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Impacts of the Criminal Justice System on Indigenous Women

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The participation of indigenous in criminal activities can be attributed to unemployment, lack of education, drug abuse and high levels of poverty.... research study conducted on two police forces within Australia revealed that most of the officials in criminal and justice systems have stereotypic perceptions towards women from indigenous communities.... The overrepresentation of indigenous women in criminal systems can be attributed to discrimination from policing to sentencing (Amnesty International 2005). ...

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Behavioral Investigative Adviser Report on Case No C09/02861

13 pages (3331 words) , Download 5 , Essay

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The English law on criminal homicide distinguishes between murder and voluntary manslaughter, where the distinguishing element between the two is the presence of malice aforethought.... he case involves killing of a person apparently by another person and hence, is a case for criminal homicide.... criminal homicide as distinguished from non-criminal homicide is killing of another person by another person that is not caused accidentally and therefore punishable....

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The Psychology of Criminal Conduct

4 pages (1255 words) , Download 6 , Case Study

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In-depth analysis of the documented facts of Ted Bundy's behavior, he was a criminal psychopath who suffered from compulsive and addictive behavior in criminal. ... he Annotated Outline and Bibliography below explores the important concepts in criminal profiling that can be attributed to the behavior of Ted Bundy. ... elfgott explores the criminal and non-criminal variants in criminal psychology which is relevant with the topic under study involving fundamentals of criminal profiling. ...

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Mysteries in Crime

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The following paper under the title 'Mysteries in Crime' focuses on forensic science which has a big role in our criminal justice today, as it helps to unmask the truth and bring those individuals who cause murder and other related assaults to face the law.... Forensic science has a big role in our criminal justice today, as it help to unmask the truth and bring those individuals who cause murder and other related assaults to face the law.... There is an important constitutional based body of law that surrounds search by police and seizures of places....

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Concepts of Organizational Behavior

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One will not find hatred of either Republicans or Democrats, of either Bostonians or New Yorkers, or even of either criminals or noncriminals, in any way proscribed by the criminal law.... Usually, it is only when hatred focuses on race, religion, ethnicity, gender, or sexual preference that the criminal law comes into play.... These range from what might be subsumed under political correctness to particular penalty devices in criminal justice. ...

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The Law Prior to the Sexual Offences Act

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He said that the common law rule no longer remotely represents what is the true position of a wife in present-day society' and moreover he added that ‘we take the view that the time has now arrived when the law should declare a rapist a rapist subject to the criminal law, irrespective of his relationship with his victim.... Previously, the primary legislative provisions were contained in the Sexual Offences Act 1956 with some of it derived from implementations dating back to the 19th Century, although several amendments had been introduced which included changes to the law relating to marital rape and male rape laws....

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Judicial Fallibility Problem - Death Penalty

15 pages (3750 words) , Download 3 , Article

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Amnesty International, "Human rights in China in 2001 - A New Step Backwards" (September 2001) ... However, it offers no insight over whether such law or constitutional clause can be justified on its merit.... ome argue, from the perspective of a simplified version of legal positivism, that whatever law passed through legislative process is "legal" and moral and ethical debate is futile.... Under this criterion, it is possible to go back to the sources outside of legal texts, such as the intention of the law makers or the meaning of the term during the original formation of the concept, which in this case often means 18th to 19th century Europe and America....

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The Relevance of Victim's Volunary to a Charge of Rape

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It begins by providing an overview of the law in question, the Sexual Offences Act 2003, the legal framework for the prosecution of rape.... It begins by providing an overview of the law in question, the Sexual Offences Act 2003, the legal framework for the prosecution of rape.... In the past, UK law relied upon the “mistaken belief clause” which was in the case Morgan4 in 1976.... Westmarland (2004: 7) provides a succinct summary of the definition of rape in the Sexual Offences Act 2003, to wit: The reformed rape law, as of May 2004 can thereby be summarised as if ‘A' intentionally penetrates the vagina, anus or mouth of ‘B' with his penis, and if ‘B' does not consent to the penetration and ‘A' does not reasonably believe that ‘B' consents (paraphrased from section 1 of the Sexual Offences Act 2003)....

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Cultural Concerns and Influences, Criminal Justice System

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The PACE allowed searches on ‘reasonable suspicion' and rights were given to police officers for voluntary and non-statutory searches.... The paper "Cultural Concerns and Influences, Criminal Justice System " states that a very important issue is police cannot enforce each and every law and arrest every lawbreaker.... very important issue is police cannot enforce each and every law and arrest every lawbreaker.... This influx of immigrants to US is posing as a major challenge for CJS or criminal justice system....

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Conrad Barrett Knockout Video Incident

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The paper "Conrad Barrett Knockout Video Incident" states that the authority should cooperate with the relevant law enforcement agencies in investigating and preventing future crimes through disseminating the necessary information on the need for peaceful resolution of disputes.... The FBI reminded all citizens to report any cases of racially motivated attacks and outlined that all citizens enjoyed equal protection under federal law.... However, some conservative pundits pointed out that the Justice department was applying the law selectively when charging the offender with hate crimes since 66 percent of all racial attacks documented in 2012 were directed against White by the Blacks....

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Remedies and Restitution: Justifying Punishment

13 pages (3651 words) , Download 2 , Essay

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Restitution is either unknown, misunderstood or ignored in law.... These are some of the reasons why restitution is unappealing and holds the position of a fading discipline though restitution case law is gaining significance in federal courts.... Agencies which book case under the restitution policy are not perturbed by the uncertainties of this law but are continuing to win numerous cases which win them good amounts in terms of claim for unjust enrichment....

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Domestic Violence in the United Kingdom

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The criminal justice is taking appropriate measures to stem the number of cases of domestic violence some of the ways it is dealing with these problems include.... lot of people have been silently undergoing a series of domestic violence in United Kingdom and hence this was the most underreported criminal case; however since 1980 there has been transparency among the victims, with a projected increase in the reporting of the violence cases to the police department....

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Contemporary Issues in Criminal Justice Management

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The main intention of a criminal law is to safeguard society.... One of the famous maxims about criminal law is that the punishment must fit the crime.... Each player in criminal justice system requires to gain assistance and cooperation of the other actors by assisting those players to accomplish their objectives.... thics in criminal justice system is particularly a significant issue in today's context by giving attention to the extra authority and power granted to those operate ,work and manage the justice system....

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Retributive Justice Compared to Restoration Justice

7 pages (1826 words) , Download 3 , Essay

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When one breaks the law, they forfeit their legal right to something of equal value.... For example, in the ancient Jewish community, this is shown in the law of Moses; the law included punishments such as life for life.... The second difference between restoration and retributive justice is considered a crime against a legit state, thus being a violation of a law of that governs the land.... In other words restorative justice can be considered under law to be a tort (a wrong committed against an individual) while retributive justice a crime (“Restorative Justice Practice”)....

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What Psychological Approaches are Effective at Hate Crime

16 pages (4000 words) , Download 2 , Essay

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The reason for this is the fact that most individuals who face such crimes do not report such incidents to the law authorities, largely due to the fact that they are willing to avoid victimization which in their opinion is more likely if their sexual orientation is revealed before authorities (Clarke, 2010).... egarding repeated victimization, it can be asserted with confidence that if a strictly punitive approach is adapted by the law enforcement agencies against criminals of this nature, the likelihood of victimization on repeated basis may be minimized....

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Essays on Victims Role and Rights in Criminal Law