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.
State of Maharashtra, a head constable raped a tribal girl, Mathura in police station-even as her relatives and other were waiting outside the police station. The conviction of the accused by the High Court was set aside in appeal by the Supreme Court, observing that the onus is always on the prosecution to prove affirmatively each ingredient of the offence it seeks to establish. The suggestion that consent was lacking in the present case was negative because of absence of any evidence of resistance or injury on her person. When it was said that consent may have been obtained by putting her in fear of death or hurt, and that may be the reason for the absence of injury, it was said that it must be shown that she must have been put in such fear and that there was no such finding. Five leading jurists wrote to the Chief Justice of India pointing out miscarriage of justice, which led to public commotion and criticism.
193) after killing Verloc, but this can be dismissed; her murderous rage, and therefore Verloc’s death, are merely a repercussion of her new-found identity as ‘Mrs Verloc the free woman’. Harrington essentially argues that Winnie’s role in ‘The Secret Agent’ is defined by her relationship with her husband, that, in order to understand her character, we must first examine how her husband has impacted it. ‘Women’, as Simone de Beauvoir states, ‘are made, they are not born’, but Winnie is not ‘made’ when she kills Verloc, as Harrington appears to suggest; it is her entire lifetime of choices that makes her a woman. Winnie’s suicide is not a remedy, as will be discussed in the next paragraph, to the liberation she feels, but merely a continuation of it. Winnie’s actions of defiance, taking Verloc’s money, and ‘plunging’ (pp.
Article 2 stipulates that there is a protection of the right to life. Article 3 stipulates that there is a right to protection from degrading treatment. An example of where the courts have had to decide where the courts have had to decide which of the conflicting rights outweighed the other is in the case of John Venebles, the murderer of James Bulger. After he was arrested for possession of child pornography some years back, it was considered whether his anonymity should be lifted. The court considered however, that there was a “clear and present danger to his physical safety and life” and so he should retain his anonymity.
As we can see R argue that it wasn’t possible for a husband to rape his wife and it also laid down in the English common law but by applying the welfare principal it has become a mechanism to also criminalise the conduct of R when he attempted to rape his wife which has allowed the development of the law by repealing old laws. 3.) R v Brown  2 All ER 75 In the case of Brown, the appellants who were a group of consensual sadomasochist engaged in acts of violence towards each other to obtain sexual gratification. The appellants were charged under s20 and s47 of the Offence Against the Person Act 1861 (OAPA 1861) . The appellants proceed to argue that there was consent among the appellants as a defence against their conviction that they have consented to the bodily harm.
The target can be a person or an object, whose place or occasion puts it at more or less risk of culprit attackers. These attackers influenced a target risk elements called VIVA, which is the value, inertia, visibility and access. In contrast to theories of criminality, which are centred on the figure of the criminal and the psychological, biological, or social factors that motivated the criminal act, the focus of routine activity is the study of crime as an outcome, feature its relation to space and time and feature its ecological nature and the implications thereof (Mirὀ F., 2014). (Cohen and Felson (1979) “Social change and crime rate trends: A routine activity
Assignment #2 Question 1: What is the purpose of tort law? What types of damages are available in tort lawsuits? Primarily, the purpose of tort law is to provide relief to injured parties for harms and/or damages caused by the person being sued for tort as well as to impose liability on parties responsible for the harm, which is ultimately aimed to deter others from committing harmful acts, whether intentional or unintentional. In tort law, damages extend not only to physical injury sustained and/or personal safety, but also to another person’s property, dignity, and reputation (emotional pain and suffering) that is recognized by statute or common law (protected interest) as a legitimate basis for liability. In tort
The court has the responsibly of determining the innocence and/or guilt of any suspect during a judicial proceeding whether criminal, civil, and/or both. The suspect while involved in this component is identified as being a defendant, and will be afforded the opportunity to defend themselves against the charges brought against them as they obtained evidence is presented by the prosecution. Based upon the verdict of the court, the defendant will be either found guilty or not guilty of the alleged offense. If the defendant is found guilty of the charges(s), they will receive a sentence issued by the presiding judge who will determine the appropriate punishment established by both the state law and statute for the offense. After the punishment is imposed, the defendant is then remanded into the custody of the sheriff/corrections to carry out the
This unfair decision was reaffirmed in the later case of R v Coles where no allowances for age or a non-intellectual mind were made. However, the case of R v Hardie is contradictory to the precedent set by Elliot and Coles as the mental state of the defendant was indeed considered when delivering the
In this essay I will first of all discuss what negligence is and what it consists of. When there is a breach of legal duty where the plaintiff has incurred some sort of damage we call this negligence. Negligence occurs when a person has carried out an unreasonable act which a prudent person would not have carried out in that particular situation. To make sure that negligence is maintained there must be some exceptions to it such as if negligence were to take place there must be a breach of that duty, the damage that has occurred must be reasonable foreseeable. There also must be a common link between the damage that took place and the breach.
In justification defenses, the accused admits to wrongdoing but argues that he or she should be freed from culpability or assessed reduced liability for the crime due to mitigating circumstances surrounding offense. These defenses are factors that excuse a competent person from liability for a criminal act. Some examples of a justification defense are duress, entrapment, self-defense, and provocation. Starting with excuse defenses, a mental disorder is a disease of the mind. “Disease of the mind”, is any illness, disorder, or abnormal condition which impairs the human mind and its functioning.
The Supreme Court “invalidated an absolute liability offence, under the section seven of the Charter. It was on the basis that it “could send a person to jail for driving with a suspended licence when that person is not have subjective fault (that is she did not know or was not aware of the risk that her licence was suspended). It went on to describe that “absolute liability offences offend the principle of fundamental justice by punishing the morally innocent, they will not violate section 7 of the Charter, unless they threaten the accused’s right to life, liberty and security of the person. The courts have upheld absolute liability offences that could not result in
NSW health (1) explains in there restraining policy that legally it is permitted to restrain a patient if the patient is posing a risk to themselves or others, they further explain that the restraint used should be reasonable only to control the current threat and that it only be used as a last resort. QAS further expresses this in there guidelines by stating that physical restraint
In reality, and type of evidence used in a criminal case should be physical. Memories are not a form of physical evidence and therefor should not be used. The use of physical evidence in criminal cases has a far better chance of convicting the true criminal, verses using memories or thoughts as evidence, there is no way to back up the evidence if it is based off of a memory. There have been a numerous amount of cases that have been dismissed due to the jury not believing in the repressed memories. It’s impossible to have a strong case when the jurors do not even believe the information given to
The law of specificity provides a strict definition of certain acts. Chapter four refers to specificity "as the scope of criminal law" (Bohm & Haley, 2014, p.97). These acts can be ruled not criminal if certain information is not proven to have been present when the crime was committed. The state rules for sex offenders that have been convicted of this crime be persecuted and their information made public. This reminds