Criminal law Essays

  • Automatism In Criminal Law

    2260 Words  | 10 Pages

    APPENDIX A: RESEARCH ESSAY When can a person raise the defence of Insane Automatism in the Criminal Law of the UK and the US? Insanity (insane automatism) can be the result of loss of physical control or loss of mental control over one’s actions. In a number of cases a plea of automatism has been rejected by the court and construed as one of insanity. It is therefore important to be able to distinguish insanity (or insane automatism) from simple automatism. The defence of insanity is unusual in

  • Expert Testimony In Criminal Law Cases

    1960 Words  | 8 Pages

    In examining the role of expert testimony in criminal law cases, there are several factors to be considered; the most significant is the question of what weight is given to the expert witnesses’ testimony and what affect this has on the outcome. In cases to determine whether an offender ought to be labeled as a dangerous offender, these questions have reaching implications. The medicalization of deviancy, and the role of expert witnesses in presenting their psychological and psychiatric findings

  • Megan Criminal Law

    406 Words  | 2 Pages

    research the Megan Law based on the ideal characteristics of criminal law. Is Megan Law a good law? In my opinion, no law is perfect, but our laws are made to protect the people, for instance, politicality is the infringement of our state rules and is considered a good law. This law makes it mandatory in almost every state that sex offenders register. The law of specificity provides a strict definition of certain acts. Chapter four refers to specificity "as the scope of criminal law" (Bohm & Haley,

  • Purpose Of Criminal Law

    3008 Words  | 13 Pages

    The purpose of law is that it is to maintain public order and social order in the country to ensure peace and security and to provide protection for people’s right such as life, liberty and property. Law can be distinguished between criminal and civil law. The criminal law is also known as public law which is designed to enforce or prevent certain types of behavior which can cause harm to society and to punish the offenders. If a person is charged for an offence under the criminal law, the state will

  • Consent In Criminal Law

    1993 Words  | 8 Pages

    In criminal law when a criminal act is alleged to have been committed, the essential requirement for the crime is that the victim was opposed to the crime. One of the available defences when a criminal act is committed is that the victim actually gave consent to the acts . The defence of consent is available to certain case that result in bodily harm which includes assault and battery. For instance, in sports there is a physical contact. Participants are deemed to have consented to the physical

  • Omissions In Criminal Law

    2318 Words  | 10 Pages

    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. The notion of omissions in criminal law

  • Compare And Contrast Criminal Law And Civil Law

    1109 Words  | 5 Pages

    Criminal law is a system of laws concerned with the punishment of those who commit crimes. It is protecting the overall public safety and potentially puts away people who commit serious wrongdoings. As civil law is the system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs. Civil law Generally comes into play when an individual or multiple persons are injured in the incident which is usually followed up into a lawsuit or

  • Essay On Substantive Criminal Law

    1187 Words  | 5 Pages

    The main object of criminal law is to protect society against offenders and law-breakers. To fulfil this object law holds out threats of penalties to prospective lawbreakers and also make the actual offenders suffer the prescribed punishments for their crimes. Criminal law consists of both the substantive criminal law and the procedural criminal law. Substantive criminal law gives the definition of offences and also prescribes punishments for the same, while the procedural law prescribes the procedure

  • Ethical Issues In Criminal Law

    1251 Words  | 6 Pages

    continuing everything reasonable and safe is known as the criminal equity framework. This was placed set up to guarantee there is reasonableness and equity served to individuals who split the laws set up by the legislature. Criminal equity is a standout amongst the most critical majors one can think about because of the need to keep the boulevards sheltered and clean. From road cops, to state troopers the distance to criminal clinicians the criminal equity framework is a vital piece of advanced society

  • Objective Recklessness In Criminal Law

    1521 Words  | 7 Pages

    However, it is important to note that the risk ‘’does not have to be foreseen as highly likely to occur.’’ Recklessness, a term that is commonly featured within the criminal law system, is said to be problematic as there is no set definition. Such confusion surrounding the idea of what amounts to being reckless has indeed prompted the Law Commission into releasing papers to remedy the issue. ‘Unchariness’, ‘dolus

  • Introduction To Criminal Law Principles

    2228 Words  | 9 Pages

    1.) Introduction to Criminal Law Principles 1.1 Criminal Law Principles In the ever expanding growth of the criminal law system, the role of criminal law principles and philosophical arguments have play an important role to the judges in their final decision for criminal and non-criminal proceedings to deliver fairness and justice for the interest of individuals as well as the public. To build on this idea is the basic application of the criminal law principles in case law. It can be said that these

  • Mens Rea In Criminal Law

    2067 Words  | 9 Pages

    This is a critical element of a crime in the sense that the occurrence of a criminal offense is either voluntary or purposeful. A crime act usually comes from what is popularly referred to as ancient maxim that is the “act is not guilty unless the mind is guilty.” As such, it is required that for on to secure a conviction, the prosecution must prove beyond doubt that the accused not only committed the particular offense (actus reus) but also that the crime was committed with the sole intention of

  • Consent In Criminal Law Essay

    416 Words  | 2 Pages

    also a recognised defence, as seen in Barnes. It was also argued by Dr Peter Jepsen in his paper “Consent and non-fatal offences against the person” that any sexual activity will involve some assault and battery. It is only when consent is absent the law will and should step in. It is inconceivable how the judge concluded consent should always be ignored, as consent must be discussed in some capacity. (b) The judge’s statement is due to the general reluctance towards reliance in cases regarding violent

  • Double Jeopardy In Criminal Law

    367 Words  | 2 Pages

    dent which is said in the book principal of criminal law as, " shall any person be subject for the same offense to be twice put in jeopardy of life or limb. Though for double jeopardy to apply the prosecution has to be for the same crime, never a different one involved. Another way double jeopardy does not apply is when a case has been reversed on appeal and when a mistrial is recorded due to any valid reasonings. So in the book principals of criminal law the it gives us an example for when double

  • Elements Of Criminal Law Essay

    1202 Words  | 5 Pages

    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

  • Juries In Criminal Law

    974 Words  | 4 Pages

    system as they protect and reinforce society’s views most importantly presumption of innocence. The fairly recent Criminal Code and Another Act Amendment Act 2008 has seen the introduction of judge only trials which has, although complicating the system, considerably improved the right of the accused to a fair trial. Although, as quoted by Justice Dean, juries were “administered in criminal cases as a protection against the tyranny of arbitrary punishment...” this amendment was implemented to protect

  • Expert Evidence In Criminal Law

    2196 Words  | 9 Pages

    The day to day implementation of expert evidence on people still takes place in law, and in some cases without any sufficient evidence against these people. The purpose of this essay is to find the rules of the expert’s evidence opinions in criminal law and how the experts can present the evidencein any case. What is the procedure of the judge which can accept the expert witness opinion or to test the evidence before admitting it to the court. Recognising the issues which have happened in the past

  • Substantive Criminal Law Essay

    621 Words  | 3 Pages

    look at if they have legally broken the law, the technicality of their actions, how those laws in Canada came to be passed, and how to protect the rights of the accused as they are tried through the criminal justice system (Goff, 2013: 29). Criminal law is broken down into two sections, substantive criminal law, and procedural criminal law. Substantive criminal law is the legal definitions of crime and defines what is to be considered a crime. Most criminal laws involve the terms mens rea, actus reus

  • Australian Criminal Law Analysis

    774 Words  | 4 Pages

    Australian criminal law was initially gotten from the English common law, which kept on developing in Australian courts. Every state have some criminal law enactment, in a few states the criminal law has been completely changed and in some states the greater part of the criminal law stays taking into account the normal law, yet may be halfway expressed in legislation. These alluded to as common law jurisdictions or code jurisdictions. South Australia, Victoria and New South Wales are common law authorities

  • Presumption Of Innocence In Criminal Law

    2136 Words  | 9 Pages

    The presumption of innocence is widely accepted as an integral and significant principle of the criminal justice that lawyers all over the world adhere to as it is a tenant of the Criminal Law. The presumption of innocence can be defined as a misnomer; a name that is wrongly or unsuitably applied to a person or an object. It also can be described as an assumption made towards an innocent that is included in the absence of opposing evidence. It is shown in the case of Taylor v Kentucky, 436 U.S. 478