State is also obliged to protect its region from external disturbance, include creating and implementing law and regulations. It called Territorial Sovereignty . Territorial Jurisdiction is divided into two different part; a) Objective Territorial Objective territoriality principle is used in a country when the crime is committed outside the border of the targeted country, but the impact goes to the targeted country . Objective territoriality was created to fill the empty gap in subjective territorial jurisdiction. In accordance to Objective territorial jurisdiction, a state has the right to enact its domestic laws towards criminal acts, as a consequence for the crime perpetrator for bringing such harmful impact within the state’s territory although the criminal act was done in different state (i.e.
The role of the government is to ensure crime by enforcing laws and ensuring that whoever breaks it should be punished. Individuals have free will to behave however they want which is how certain criminals seek
The due process model is seen to focus on the suspect whereas the crime control model focuses on the society. This paper analyzes these two models and based on the rate of crime in the society, makes recommendations as to which is the best model in criminal justice. The principle in law that one is innocent until proven guilty has created much discourse. There are those who feel that the moment that one is arrested, there is reasonable belief that they committed the crime. However, there are those who feel that just as the principle states, one is, and should be taken as a victim and the outcome could be either way: guilty or not guilty.
What is Law Enforcement? Law enforcement refers to any system by which some members of society act in an organized manner to enforce the law. It describes the individuals and agencies responsibilities to strengthen the law and maintaining public order and public safety. Personal Response Law enforcements are individuals and agencies that are willing to risk their lives in order to enforce the laws and protect the society. They are responsible of controlling crimes happening and prevent it from happening to the society.
Mens rea refers to the state of mind defined in a criminal offence required to convict a particular defendant of a particular crime. However, there are some offences in which mens rea is not a required element of the offence. Such offences which negate requirements of proof of mental state are known as strict
Criminal law covers the area of crimes and is there to maintain law and order. A crime refers to a breach of one or more rule of law. The society believes that individuals should be held responsible for their actions, especially when those actions constitutes a crime that would endanger the safety of today’s society. In the eye of the law, in order to paint an individual as guilty, the prosecution must prove that the defendant committed an actus reus had mens rea at the same time. Actus reus refers to a guilty act and mens rea means a guilty state of mind.
Crime has been defined in general as an act or omission that has been forbidden by law and is usually associated with a sanction. John Stuart Mill, in his Harm Principle stated that an act should be criminalised based on the harm it has inflicted on other people. The State is justified in criminalising acts that crates unjustifiable and serious risks to others. A victimless crime is when a particular act does not have any victim or when the only person who is affected is the person committing it or when the person who will be classified as a victim has consented to such an act. As there is no clear victim in this case the principle of harm will not be applicable here and would not be considered as an act that can be criminalised.
The reason for the existence of crime is a deviation from the socially accepted norm of behavior which is essential for the peaceful and unhindered progress of society. And for this this reason the state imposes law to maintain law and order and to make sure the presence of justice is present to all members of society. This ensures the
For criminal behavior to be biologically determined the person would have to have a mental illness that causes them to commit violent crimes. “To get a full understanding of genes and how the environment influences criminal behavior, you must know the definition of criminal behavior. Law is defined by societal and legal institutions in our society, not in sciences. Therefore, determining criminal behavior can range in a wide variety of criminal activities and for this very reason, researchers focus on antisocial behavior” (Holmes). Criminal activity can lead to arresting, convictions, and prison for adults.
When an individual has committed a crime or has violated one of the written laws of a country and has been convicted and imprisoned or incarcerated as a punishment for hisher doings, we then refer to such persons as criminals. At times crime may be committed as obligations for survival of individuals who are disadvantaged and neglected by the state’s government, but that is not the major cause of crime, and sometimes may be committed for other reasons like peer pressure, or for business purpose e.g. drug dealing. Reasons or causes of criminal acts can be environmental, social, and emotional. Crime can be committed by an individual or a group of people, an example of a criminal act that can be done by a group of criminal can be bank robbery, gang rape etc.