Criminal Law Essay, Research Paper
Criminal Law Investigation
Murder
Murder is when a person of sound mind unlawfully kills any person with malice aforethought.
To be convicted of murder, it has to be proven that the accused planned to kill the victim, or that the accused acted in a way that he/she knew would harm or kill the victim.
To defend against murder, one could claim self-defence, that is, that they killed the person while defending themselves, if this was proven, the accused should get acquitted. They could also claim they were provoked, if this was proven, the crime would be brought down to manslaughter.
The punishment for murder is usually life imprisonment, but the court can impose any punishment they choose.
A current Australian case is the one involving Adrian Bryant, who is accused of killing many people in Port Arthur earlier this year.
Assault
Common assault (not sexual or seizing assault), is the use of force by a person intending to inflict pain, injury, discomfort or insult on another person.
To prove this, it must be shown that the accused committed the crime, no forethought needs to be proven.
To defend against this, the accused could claim it was an accident, self-defence or consent of the victim. Consent is just if the victim said it was all right for the accused to do what he/she did. The other two are self explanatory.
The maximum penalty is 5 years imprisonment, but commonly punishments include fines, good behaviour and community based orders.
A recent case in Australia was of a man who was stabbed outside a nightclub by a group of people.
Rape
Rape is any introduction of any object into the vagina or anus of another person without their consent.
To prove rape it must be proven that it was committed without the consent of the victim.
The common defence is that the victim consented to the act, whereas, the accused would be acquitted.
The punishment for rape is a maximum of 10 years, and if someone has been found guilty of rape twice, they can be tried for rape with aggravated circumstances and a maximum of 20 years applies for this crime.
An Australian case that I can remember involved a man who was accused of raping his wife, and his defence was that she was asking for it.
Kidnapping
Kidnapping is the taking away of a person by another or others with intent to demand payment such as ransom.
It has to be proven that the accused intended to demand something, and that they took the person against their will.
If the accused has asked for something in return for the person they have supposedly kidnapped, there isn?t any common defences. Otherwise, they could say the victim consented to go along with them.
The penalty is a maximum of 20 years imprisonment.
A case that I can remember is when a man from some foreign country, came to Australia and kidnapped his son from his ex-wife?s care.
Theft
Theft is the dishonest appropriation of property which belongs to another person with the intention of permanently depriving that other person of his/her property.
It has to be proven that the accused intentionally took the property, and they planned to permanently deprive the person of the property.
A defence that could be used is that they intended giving it back, this may work if the accused knew the person, otherwise, if the accused is found with the property, they could say they bought it from someone, which they would then be tried for possession of stolen goods, but it carries a smaller penalty.
The penalty for theft is a maximum of 10 years imprisonment.
Theft is occurring very often, small cases and larger ones. One that I can recall was a ram raid on a jewellery store in the city earlier this year, where a group of people rammed a four wheel drive through the front of the store and proceeded to steal the goods from the store.
Другие работы по теме:
Does the crime pay or not ?
David Guchua Form 11 "A" January 17, 1999 Does the crime pay or not? In this essay, I would like to discuss the problems of crime and the criminal deeds. This question is important today as never before. Furthermore, this is the most vital problem and therefore it is worth discussing.
Common Law Essay Research Paper Communications LawIn
Common Law Essay, Research Paper Communications Law In San Franciso, two of Alameda County’s six municipal courts have limited public access to criminal court records after a Legal Aid Society lawyer requested it; others are waiting an opinion from the county counsel about its constitutionality.
Fingerprints Essay Research Paper Fingerprints are one
Fingerprints Essay, Research Paper Fingerprints are one of the most important things that link a suspect with a crime scene. Even though that fingerprints are not always left by a criminal, the crime scene should still be examined for them. All people have distinct friction ridges on the skin of the fingers.
Civil Trials Essay Research Paper Civil Trials
Civil Trials Essay, Research Paper Civil Trials and Criminal Trials In order to fully understand the difference between civil trials and criminal trials you must understand the different aspects of the laws that comply with them individually.
Cops And Robbers Essay Research Paper Cops
Cops And Robbers Essay, Research Paper Cops and robbers is a game that many have played during their childhood. This game pits cops against robbers. The cop is obviously the good guy and the robber is the bad guy. The cop always tries to capture the robber for doing bad. These two roles represent the policeman and the criminal, two obviously different figures in society.
Biology In Crime Essay Research Paper Of
Biology In Crime Essay, Research Paper Of all the factors that can influence criminal behavior, biological influences can definitely play one of the more important roles. Several areas of research support ideas of a genetic influence as well as neurological defects and chemical imbalances that play into motivations of criminal activity.
Ammendment 5 Essay Research Paper The fifth
Ammendment 5 Essay, Research Paper The fifth ammendment. Today in America, criminals have the right to self incrimination. Criminals should not be allowed to have this right. This allows criminals to hide the truth from the jury. Amendment five should should not stand today because it gives criminals protection, under law, that they should not have.
Crimonology Essay Research Paper If you look
Crimonology Essay, Research Paper If you look up the word criminology in the dictionary it would be defined as a scientific study of crime as a social phenomenon. Social phenomenon? Say what?
The Study Of Criminology Essay Research Paper
Criminology is the scientific study of crime, criminals, criminal behavior, and the criminal justice system. In the United States, it is taught chiefly in departments of criminology and criminal justice of colleges and universities. Criminologists study factors related to crime. Research in criminology involves fields such as sociology, psychology, and psychiatry.
Criminal Justice Essay Research Paper Jason C
Criminal Justice Essay, Research Paper Jason C. Clifton Clifton 1 Criminology CRJ 470 Nevelle Jones Assignment 20 July 17, 2000 High Tech Offenders What different kinds of high-tech offenders can you
Who Is The Real Criminal Essay Research
Paper Who Is The Real Criminal? Nathan Coffin Throughout her short story A Good Man Is Hard to Find, Flannery O Connor uses subtle characterization to establish the characters of the Misfit and the Grandmother. While some of the characteristics in the story are straightforward and easily understood, others require one to look beneath the surface.
Criminal Justice Essay Research Paper In this
Criminal Justice Essay, Research Paper In this paper I will attempt to explain how the United States Criminal Justice System and Ireland has some different characteristics. They both share some of the same practices in each system. I will give a brief history of both countries and the way their system works.
The Many Faces Of A Criminal Essay
, Research Paper A criminal is someone who violates law for the purpose of obtaining their desires, causing in the breakdown of society. This definition is both clear and complete. Criminals are known mainly for their craftiness and bent character. They use this quality to intrude on the privacy of others, thus resulting in the acts of violence or sinfulness.
Criminal Justice Essay Research Paper The two
Criminal Justice Essay, Research Paper The two vehicle stops were made for different reasons. The first vehicle, the white Toyota Camry, was stopped because it fit the description of a vehicle that
Getting Paid To Hack Essay Research Paper
GETTING PAID TO HACK Hackers can get paid to hack codes. Hackers have to be careful on what jobs to take. If hackers break the law, they have to be imprisoned. But there are legal hacks.
Death Penalty Essay Research Paper One of
Death Penalty Essay, Research Paper One of the things I have heard is that the death penalty is cruel and unusual punishment. What about the victims families? What about the loss of a loved one? What about daddy not coming home again to tuck his babies into bed at night or mommy being there when the child falls and scrapes a knee? To hell with the criminal.
Zero Tolerance Essay Research Paper Zero ToleranceTo
Zero Tolerance Essay, Research Paper Zero Tolerance To the best of my knowledge on the subject the zero tolerance rule is a very good rule, because there is no room for error on the part of the criminal justice systemand there is no room for a misleading excuse. So the zero tolerance policy is good. For example, say a person pulls a fire alarm just to get out of a class.
Teenage Mothers Essay Research Paper Dear Judges
Teenage Mothers Essay, Research Paper Dear Judges of Criminal Courts: I m writing in concern of unmarried teenage mothers who mistreat their child or cause the death of their newborn. There are alternatives available for the teenage mother so she can avoid bringing a newborn to society. Something must be done to protect the helpless newborns.
A Defendant
’s Criminal Record Essay, Research Paper Should juries be informed of a defendant’s previuos criminal record? This is a question which could cause seriuous debate, depending on an individual’s point of view. One person might believe that only the facts or evidence of a particualr case are pertinent to the decision a jury should make.
Plea Bargaining Essay Research Paper Plea bargainingWhen
Plea Bargaining Essay, Research Paper Plea bargaining When dealing with the Criminal Justice system plea bargaining is something that is a common occurrence. When some type of a negotiation between the prosecutor and the defense attorney takes place and there is no trial, this would be considered a plea bargain. (Criminal Justice, Pg.454) Although the defendant does loose some of his constitution rights by accepting it, he does have some benefits.
Ethics In Criminal Justice
– Forgiveness Essay, Research Paper Ethics in Criminal Justice Forgiveness The issue to be discussed concerns the act of forgiving. Forgiveness can be shown in many different ways. The degree of forgiveness depends on one?s personal beliefs. There are many ethical systems that one can apply forgiveness to.
Criminal Justice Essay Research Paper The criminal
Criminal Justice Essay, Research Paper The criminal justice system has changed a lot since the good old days of the Wild West when pretty much anything was legal. Criminals were dealt with in any fashion the law enforcement saw fit. The science of catching criminals has evolved since these days. We are better at catching criminals than ever and we owe this advancement to forensic science.
Social Ecology Vs Differential Association Essay Research
Paper Shannon R. Nemechek, Soc 355 Which is a better theory of crime Social ecology or differential association? While both have good concepts I feel that both are somewhat flawed in their concepts of crime. But for the purposes of this paper I will chose differential association as the better predictor and concept for criminal behavior as a whole.
Criminal Personality Essay Research Paper Criminal PersonalityIn
Criminal Personality Essay, Research Paper Criminal Personality In order to determine what makes a criminal a “criminal,” you must first understand their personality. Behavior is largely a result of the way a person things. A personality is what makes a person. Even though a person might have the look of a criminal, the thought patterns of that person are what make them a criminal.
The Criminal Within Essay Research Paper AT
The Criminal Within Essay, Research Paper AT the information desk of a downtown Manhatten Barnes And Noble, I ask about a title–Be your own undertaker. How to dispose of a dead body. The young man behind the desk doesn’t miss a beat. “Has it begun to smell.” he asks,with a perfunctory grin that acknowledges yet undercuts the small joke between us.
Social Deviance Essay Research Paper A A
Social Deviance Essay, Research Paper A). A young man on the campus of Indiana University was brutally attacked last night. The students name has not been released yet, but early confirmations from local sources have said that it was Kent Harvey, the young man blamed for the firing of former Head Basketball Coach Bobby Knight.
Les Miserables 23 Essay Research Paper Les
Les Miserables 23 Essay, Research Paper Les Miserables, written by Victor Hugo in 1862 is a wonderful story of life in France in the nineteenth century. This novel shows how people have to struggle to be a part of the society. Les Miserables reveals the cruelty in France society’s pressure on the poor, the outcast, and the criminal.
Capital Pun Essay Research Paper These people
Capital Pun Essay, Research Paper These people who are on death row are criminals, there’s no disputing that. They have been tried and convicted. We are talking about how they should be punished. It is a far worse punishment to have no freedom and all the time in the world to think about why you lost it. Are we not murderers ourselves if we condone this? Benjamin Franklin once wisely said, “Doing an injury puts you below your enemy; revenging one makes you but even with him; forgiving one sets you below him.” We are no better than the criminal as a society by putting them to death.
Forensic Psychology Essay Research Paper Part I
Forensic Psychology Essay, Research Paper Part I: The Job Forensic Psychology is the application of the science and profession of psychology to questions and issues relating to law and the legal system. The word “forensic” comes from the Latin word “forensis,” meaning “of the forum,” where the law courts of ancient Rome were held.
International Criminal Court Essay Research Paper World
International Criminal Court Essay, Research Paper World Politics International Criminal Court In the United States when a criminal goes from state to state it is hard to tell who has jurisdiction over the case. This is a problem because different states have different laws. Also different states may have more sever punishment for a crime than another state.
Capital Punishment Essay Research Paper Capital PunishmentI
Capital Punishment Essay, Research Paper Capital Punishment I believe that capital punishment should not only be enforced but it should be stepped up and more widely practiced. Too many bad people are filling the prisons, wasting taxpayer?s money; the situation is only getting worse. The criminals in today?s prisons aren?t being rehabilitated or made to feel sorry for their wrongs, they are trained to be better criminals.
Crime And Deviance Essay Research Paper Crime
Crime And Deviance Essay, Research Paper Crime and Deviance Deviance is the recognized violation of cultural norms. Laws have been made to help curb deviant behavior. When there is not a particular law in place for certain behavior then a rule may apply. For example, you do not run the risk of being arrested for belching at the dinner table, but you may be excused without finishing dinner if a “no belching at the table” rule is enforced at your home.
Gun Control Essay Research Paper Gun EssayShould
Gun Control Essay, Research Paper Gun Essay Should we really just keep adding gun control laws? Well, I don’t think so. I think that Senator Larry E. Craig said it best “the criminal that wasn’t stopped by 20,000 laws won’t stop at 20,001.“ My viewpoint is that we should have better law enforcemnt.