The purposes of punishment are reformation, restraint, retribution, and deterrence. The injured party then attempts to collect damages by trying the civil case of assault and battery. In some cases, even a defendant who is not guilty of a criminal charge can be found liable for damages in a subsequent civil suit. An example as a pure legal issue, forcing treatment on an unwilling person is no
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.
Under the tort liability law, also known as "the law of negligence", a person is considered liable for committing a tort, if they have failed to satisfy the standard of care - a standard determined by the behavior of a reasonably prudent individual. The tortfeasor's actions are measured against the actions of a reasonably prudent person, and they are found to be below-standard, the individual is guilty of negligence. The tort liability law applies mainly to unintentional torts. In the case of intentional torts and strict liability torts, the defendant is found guilty regardless of negligence. If a wrongful act is done deliberately, the possibility of negligence is ruled out automatically.
To put it simply, crime is constructed by the use of social laws and the decisions of those with power to make some of these social laws and the decisions of those with power to make some of these social laws into criminal laws. Crime can be seen as a social construction as what is legal or illegal in one society or culture may not be in another, the same can be said of deviance. Crime is repeatedly viewed as a ‘physical fact’ by the government or media. However it can be argued that when one thinks of acts which are criminal in one place yet are not in another that crime is a social construction. To refer back to the point of these with power deciphering which acts are criminal, it can also be argued that those with power (e.g.
Introduction This question requires for an understanding on the rules and principles relating to criminal liability for an omission. As well as whether the rules and principles are too restrictive on individual freedom. In order to have an understanding of the rules and principles of omissions, one first must understand how criminal liability is imposed. For a person to be found guilty of a crime they must have both the mens rea and actus reus of the committed crime. Actus reus is the guilty deed or act and mens rea is the guilty state of mind.
International crimes are grounded on international agreements between countries or on legal guides developed through history and include offenses like genocide, torture, and enslavement of populations. They have been described as crimes against the peace and
Civil law court proceedings are carried out in order to obtain a specific legal remedies which can be enforced against the other party to the action. The most common penalties in civil law are the following: • Payment: a court orders to pay a particular sum of money such as financial damages taken after the contract has been breached. • Damages: an order to pay payment for a loss suffered, for example, for carelessly causing an injury to a person, a property getting damaged or work not being carried out in the way the contract has
In today’s chaotic world, police brutality is becoming more of an issue as society grows. Police brutality is an ongoing concern of the United States as many innocent lives have been taken due to the corrupt police system. Law enforcement must function as well as an element that consists of organized and civilized officers. Police brutality is one of the most serious, enduring, and divisive human rights violations in the United States. This is a problem that is nationwide, and it usually affects individuals of a disfavored race, class, or sexual orientation.
Laws define what is criminal, but it is up to the criminal justice system, and those who work within it, to interpret those laws when dealing out punishments (Goff, 2013: 29). Procedural law on the other hand, is how those laws defined in substantive criminal law get enforced. It is the criminal justice processes that an offender goes through, and includes safeguards to protect the accused as they make their way through these processes (rules of evidence, law of search and seizure, and right to counsel are the examples given). Procedural criminal law is often referred to as due process, but in the Charter of Rights and
Q5) Explain the differences between intentional torts and unintentional torts. Intentional tort is an act of civil wrong as a results from a person committing an offence which results in causing physical injury or harm to the victim. One of the main elements of intentional torts is the intent of the wrongdoer. With clear intent to commit the offence, the wrongdoer can be charged under the intentional tort. Intentional tort contains element of intent other torts do not have.