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University Degree: Criminal law
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A white-collar crime refers to crimes committed by business people, entrepreneurs, professionals, or public officials
Firstly, the term 'White Collar Crime' lacks in clarity about the crimes that were documented by Edwin Sutherland. The argument was that the corporate activities that were documented in his book were merely civil matters and not crimes. Critics felt that Sutherland was trying to stretch the term 'crime' too far. Secondly, it was felt that Sutherland had inaccurately or rather had not been able to term correctly which crimes committed qualified as white collar. Some cases in his book have been found not guilty of the crime and Sutherland had claimed that this was due to the leniency of the regulatory and enforcement bodies.
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The report contains a detailed discussion of the historical origins and development of the modern prison system. It gives an account of conditions in
He condemned the use of the death penalty as a form of crime prevention and that punishment should be predictable, rational and proportionate to the offence ( Haralambos et al, 1995). The enlightenment principles were gradually enforced by the liberal 'Whigs' who were of the view that society needed to understand the reason for deviation in order to reform a criminal. These Liberal approaches to crime and punishment were presented by Jeremy Bentham (1778), who formulated the principles of Utilitarianism, which is defined by any view that holds that action, rules and institutions should be evaluated on the basis of the benefits and costs that they impose on society (McLaughlin et al, 2001).
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This was decided in D.P.P V Majewski (1976) where the defendant assaulted the landlord of a pub and police officers whilst drunk. It was held he had no defence but was guilty of the charges. If a man consciously and deliberately takes alcohol and/or drugs not on medical prescription, but in order to escape from reality, to go 'on a trip' to become hallucinated, and thereby disables himself from taking the care he might otherwise take and as a result by his actions causes injury to another- does or criminal law enable him to say that because he did not know what he was doing he lacked both intention and recklessness and is entitled to an acquittal.
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Supporters for Terri, including Gov. Jeb Bush of Florida, continue to voice their calls to action to have the feeding tube reinserted and wait for Terri to die from deterioration rather than starving. In spite of the best efforts by supporters of keeping Terri alive by using life support devices, medical science and the courts have both declared Terri to be devoid of life and agree that the life support should be removed. Medical Science Even if medical science develops a way to restore brain function in Terri Schiavo the chances of her living long enough to see it are very remote.
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This essay will look at the media's representation of the police and examine the ways in which they are portrayed to the British public, be it either positively or negatively.Focusing
has prevailed. Reiner (1992) claims that the media represent four specific characters in police dramas: The 'bobby' - a professional street officer The 'new centurion' - crime fighting, action seeking law enforcer The 'uniform carrier' - a burn out, cynical street cop who will not advance in promotion. Avoids real /policing trouble but talks about it. The 'professional' - an upwardly mobile officer who is very idealistic, rarely stays long in the same job and can present themselves in the most desirable manner to superiors.
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Punishment is beneficial because it deters, incapacitates and rehabilitates" Critically analyse this statement Introduction The aim of the essay is to define the various aims of punishment
In relation to the deterrent effect of punishment, Kant (1887:195) stated that even if the punishment was not a deterrent, crime still needs to be punished. Contemporarily, retributivist's measure just deserts by the culpability of the offender and the wrongdoing he commits. But is this focus too narrow? Harel and Parchomovsky (1999) argue for widening the retributivist focus beyond culpability and wrongdoing to encompass egalitarian concerns for two reasons. In their view, the retributivist approach gives an inadequate justification of bias crimes and cannot explain the state's egalitarian duty to protect the most vulnerable victims (cited in Simons, 2000:237).
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to crime.These principles are, making room for the personal involvement of those mainly concerened, which is partically the offender and the victim, but also their famillies and communties. Seeing crime probelms in their social context, a forward looking probelm solving orientation and last of all flexbility of practice. When following Marshalls Four principles it seems to leave open the possibility for Justice by geography and/or the individualisation of treatment and punishment of offenders. Moreover Depending on the age of the offender i.e nine or twenty nine you may have very different feelings about the priority that should be given to different parties in the processs and concerns as to how the process should be arranged.
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"Hate" crime is not really about hate, but about bias or prejudice. We all have prejudices for and against individuals, groups, foods, countries, weather and so forth. Sometimes these prejudices are rooted in experience, sometimes in fantasy, friends, school, religion and culture. The apparent ease with which we as individuals develop prejudice has no single explanation. If practically everyone holds some prejudiced values, beliefs, and attitudes, every crime by a member of one group against a member of another group might be a hate crime; at least it ought to be investigated as such.
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So far as the insolvency of the company is concerned, the court is directed to have regard to a number of further matters including the extent of the director's responsibility for the insolvency and for the failure of the company to supply goods which have already been paid for, the director's involvement in any preference which may be set aside by the court, and failure to comply with duties imposed on a director by the Insolvency Act 1986 during the course of insolvency proceedings.
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Miss Duckett asked him what he was doing and came towards him, where upon the appellant attacked her with her fists and struck her several blows. The appellant was charged with murder, the medical evidence was that Miss Duckett was struck by ten to fifteen blows and that the death was caused by shock due to general injuries and also that the degree of force necessary to inflict the injuries sustained by Miss Duckett would be moderately severe to quite slight force.
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This has left two principal kinds of malice aforethought which constitute the mental element of murder: 'express' and 'implied'. It would be reasonable to assume that the definition of such a fundamental term as 'intent' would have long been clearly determined, but the matter has in fact only recently been (substantially) resolved. However, the meaning of 'intent', which is required by these two types of malice to constitute murder, has been the subject of much controversy. Judicial disparity has occurred in the application of the elusive 'true nature' of intent, which is reflected in the case law regarding murder.
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"In most societies there is a conflict between individual privacy, civil liberties and the need to provide adequate protection for the community" - Discuss.
and to ensure that the essential rights of a prisoner are not ignored. They also must provide adequate protection for the community - but with widespread corruption still evident throughout NSW, that's certainly more easier said than done. Perhaps this is because they are horrendously underpaid for what they do; only the government is to blame for that. Law enforcement is not limited to police, however, courts themselves may impose fines and the like to protect the community - as seen with the Sydney hotelier receiving a $20,000 fine after the death of a patron who consumed excessive amounts of alcohol. Individual privacy, in respect to law enforcement, has been decreasing over time.
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In order for an individual to be found guilty of a crime, the prosecution, in the majority of cases, have to prove two elements, the 'actus reus' and the 'mens rea'.
They took the man to their car outside where he was arrested for being drunk on a public highway. The court held that the offence did not require any mens rea and the defendant was found guilty. He had been drunk on a highway and the act of being drunk on a highway (the actus reus) was enough to convict. It is possible for a person to have the mens rea for a crime but not do the actus reus. For example if an individual goes into a house with a knife intending to kill and stabs a person that is in bed but it was later discovered that
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Critically assess the impact of the way in which media and politicians represented the murder of James Bulger by Venables and Thompson on youth justice policy and practise over the last ten years.
The pair were trailed as adults and not as children, this was for the reason that they were over 10 years old and so would have reasonable idea of what they were doing and the difference between right and wrong. In the year 2000 one of Britains top judges lord Woolf ruled that Thompson and Venables be considered for immediate parole. This meant that the pair would have served 7 years in a care home where they were cared for and educated.
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During the End of the 70's and early 80's change was beginning to happen. There was development of the situational model a more focused approach to crime was being trialed. In 1982 the home office crime prevention unit was established. The late 1980's and early 90's saw the Conservative Party in control of government. Between 1988 and 1994 saw the safer cities programme, central funding for 40 cities across the UK. There was a lack of progress where central funding was absent and the policy ran out of steam post 1993.Before the creation of New Labour the conservatives were the unchallenged champions of law and order.
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Some thought that crime was linked to consumption: more goods, so less need to steal. Then they discovered the opposite: more goods, so more opportunity to steal. Then they discovered the opposite again: more goods, so lower prices, so less that is worth stealing. No theory fits: not poverty, or inequality, or maternal deprivation or paternal absence. They all have some impact - big sources and small sources, all constantly shifting in power and in relation to each other. It is like trying to map the wind - infinitely complex.
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This means that I will disregard anything that is not relevant to my argument. In book two, Glaucon argues that people are only considering consequences when they act justly or unjustly, and that if any man, just or unjust, had Gyges' ring and could become invisible, he would behave unjustly since it is advantageous to get the best of others when there are no consequences. Socrates disagrees and by book ten he thinks he has shown that justice is required for people to gain the greatest benefits. I believe that Socrates is correct and Glaucon is wrong and I will prove this through my own points and by using Socrates' proof.
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What improvements, if any, will there be to the present law on consent and on mistaken belief in consent in rape cases as a result of the Sexual Offences Bill 2003?
Thus for a defendant to be guilty he should have the mens reas which does not correspond to the mistaken belief, i.e. the mistaken belief was not genuine and actus reus. A man under the new Sexual Offences Bill 2003 under clause 1(2) will have the mens rea if either he knows that the victim does not consent or he is reckless as to whether the victim consents. It is clear from the decision of the House of Lords in DPP v Morgan2.
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Between 1600 and 1800 the number of crimes punishable by death quadrupled whilst the number of execu
Lord Macaulay, investigating the widespread violence in England during the reign of Charles the Second, quoted, "No traveller ventured into that country without making his will...The irregular vigour with which criminal justice was administered shocked observers whose life had been passed in more tranquil districts. Juries, animated by hatred and by a sense of common danger, convicted housebreakers and cattle stealers with the promptitude of acourt martial in a mutiny; and the convicts were hurried by scores to the gallows."
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Secondly, there is Victimisation Surveys- namely the British Crime Survey (BCS); these identify the victim of the crime as opposed to the offenders. It has been contested that they have a greater validity and reliability as they show mush criminal behaviour that goes unreported and therefore unrecorded. Lastly, there are Self-Report Studies, which ask directly about an individuals involvement in rule breaking and crime. With these studies, in particular, it is important to work out what the objectives of them are in order to find out their validity, reliability and meaning.
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Prepare a detailed press release outlining the benefits of forensic science in the criminal justice system.
In 2001/2 DNA profiling was used in approximately 1/2 of all cases compared to 1/4 in 1997/8.2 In the case of Marion Crofts,3 FSS scientists played a crucial role in helping police find her attacker 20 years later. Scientists, knowing that DNA profiling techniques were rapidly advancing, left a laboratory microscope slide containing samples from Marion's body untouched until such a time when they could unlock the secrets of her death. The scientists used DNA Low Copy Number (DNA LCN)
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* Witnesses are intimidated in court and fear humiliation when being cross-examined. This is a growing concern. * Witnesses want to put crimes they may have witnessed behind them and get on with living their own lives. * The public do not feel that the Criminal Justice System treat witnesses well, so this does not help the situation, * Witnesses have criticised the Criminal Justice System for the long period of times they are made to wait to give their evidence * People feel they are not properly protected and are worried about the protection of themselves and their families.
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Actus non facit reum, nisi mens rea (an act does not make a person legally liable unless the mind is legally blameworthy). Explain the meaning and importance of this maxim by reference to decided cases.
the property belongs to another). Sometimes, however it may be an omission to act (e.g. failure to prevent death may be the actus reus of manslaughter) or it may include a specified consequence (death resulting within a year being the consequence required for the actus reus of murder or manslaughter). In certain cases the actus reus may simply be a state of affairs rather than an act (e.g. being unfit to drive through drink or drugs when in charge of a motor-vehicle on a road)". In order to complete the equation of a crime, a 'mens rea' has to be established.
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This critique will attempt to argue for and against Buning in 1993. 'If a person is not willing to give up his or her drug use then we should help them in causing less harm to himself or others'.
As a result harm reduction was born. Buning: (1992:198). In the first instance, using the Amsterdam model saw a stabilisation of hepatitis through needle exchanges. This intervention enabled heroin users to exchange used needles for sterile ones. It could be argued because of the intervention has arguably resulted in Amsterdam having an aging heroin using population, which is diminishing in numbers. Harm reduction presently has no international meaning to the term, because it has adapted over time, thus can be interpreted in many ways. Some would argue the 'just deserts' model is more effective because harm reduction is best implemented by incarcerating drug users.
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Assess the extent to which the current criminal trial process ensures that the guilty are convicted while providing sufficient protection for innocent accused. In light of your answer, evaluate the government's proposals for reform"
Britain has a judicial system with an ethos which runs on the conception that a suspect is innocent until proven guilty. Here the interests of the suspect are prioritised, clear evidence that there is consideration that the arrested person may actually be the victim in the trial, it is the job of the prosecution to prove otherwise. When an arrest has been made depending upon its seriousness it will dealt with in the appropriate court setting. Ways in which this is classified varies from whether they are offences committed against people or property or according to the mens rea required for the offence for example 'intention' or 'recklessness'.
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