Self-defence is an act of defending yourself or others against means of harm or in the action of crime prevention. As defined under Section 3 of the Criminal Law Act 1967 it states that ‘a person may use such force as is reasonable in the circumstances in the prevention of crime. Self-defence is also mentioned in the Criminal Justice and Immigration Act 2008. The CJIA Section 76(1) provides that ‘in deciding whether the force used is reasonable, considerations must be taken into account so far as relevant in the circumstances of the case’. Self-defence is split into two sections, private defence and public defence.
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.
The criminal law is different from the civil law. The laws which are a part from the civil law are considered as criminal law. Criminal law is focused on crime from the public do wrong, it has punishment of imprisonment or death, being Government as the prosecutor. Criminal law involves crime which may lead to arrests, interrogations, and explorations. The criminal law is focused on the cases of rape, murder, burglary and arson etc .
Strict Liability Offences, Fair and Just or a step to far. In a criminal trial the burden is on the prosecution to prove mens rea on the part of the accused, in doing so as to demonstrate intent, recklessness or knowledge on their part unless the crime is one of strict liability. The three types of mens rea which the courts take into consideration are set out as follows; Intent refers to the state of mind accompanying an act especially a forbidden act. It is the outline of the mental pattern which is necessary to do the crime. At times criminal intent is used in the sense of mens rea-the mental element requisite for guilt of the offense charged.
The criminal justice system is agencies set in place by the government to control crime and give punishment to those that violate the law. The criminal justice system is comprised of three major institutions which are law enforcement, the court system and corrections. Law enforcement are the ones who enforce the law and then remind arrestees of these rights. The fourth amendment which is prohibition against unreasonable searches and seizures of one before he/she is questioned. You have several parts of the criminal justice system like law enforcement, prosecution, defense attorneys, you have the court system there are restrictions on a case being prosecuted including the right to confront ones accusers.
The active personality principle is the State has jurisdiction over its citizens who commit crimes abroad. For example cases in Indonesia, when Indonesia citizen committed a crime even though it happened outside Indonesia, the culprit may be subject to criminal law Indonesia, when perpetrators
This is taking of property that belong s to another with the intent of depriving them of the property. The second element is the use of force, which will bring the charges of theft up to the level of robbery. The use of force is not restricted to physical force against the victim but extends to the use of other actions or words. The third element, which is very important to armed robbery, is the use or pretense of a weapon. A robbery that is committed with a weapon or the
Law is a system of rules, manner or procedures recognised by practice, agreement, or authority. These rules run the activities of a community and control the actions of those within it. I am going to discuss the distinctions between criminal law and civil law under the following five headings: • Classifications • Parties Involved • Objectives • Tests • Commencement of Proceedings Classifications: criminal law is public law which runs the legal relationship between the citizen and the State, used in cases like murder or manslaughter, e.g. in the DPP v Murphy case a man was convicted of murder and sentenced to life imprisonment by the State. Civil law is private law that typically disputes between individuals regarding the legal duties and responsibilities they owe one another, used in cases like personal injury or injunctions, e.g.
Trial 3. Post-trial (A First Look at the Malaysian Legal System by Wan Arfah Hamzah published 8th December 2011) 1.1 Why Criminal Procedure Rules Matter The rules of criminal procedure are extremely important to defendants because they are designed to guarantee constitutional due process to those individuals charged with a crime. Criminal convictions can carry severe consequences, including: Paying steep fines and court costs, Loss of liberty by imprisonment and Loss of civil liberties, like the right to carry a weapon and the right to vote. A criminal conviction can also carry a permanent stigma. Criminal procedures are designed to make sure that any given defendant receives due process and their constitutional rights are protected.