In Plato's Republic, Socrates and the interlocutors Polymarchus, Thrasymacus, Adeimantus, or Glaucon discuss the nature of justice.
In Plato's Republic, Socrates and the interlocutors Polymarchus, Thrasymacus, Adeimantus, or Glaucon discuss the nature of justice. They investigate many ideas pertaining to what justice is, outline the various sections of society, and eventually come to define justice itself. The climax of the dialogue is reached in Book VI when the underlying cause of justice is revealed. This fundamental principle is not limited solely to justice, however, but is the cause of all of the virtues. Socrates utilizes an analogy of the sun, as it pertains to the sensible world, to illuminate the way in which the Good, the underlying principle in question, affects the intelligible world. He demonstrates how the ideal rulers come to know the Good by way of their education and that once this knowledge is possessed they can implement order that will bring about a just, virtuous and ultimately good city-state. The Good causes the forms of the intelligible world and makes them understandable to the intellect, and in doing so creates justice both within the soul and the state. Before any kind of exploration of the Good is attempted two ideas must be made clear. Firstly, Socrates does not ever explicitly say what the Good actually is. In fact, he states that it is too wide and complex a subject and will therefore leave it unexamined.1 Consequently, he elucidates what he calls an 'offspring of
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'.
Abstract Glossary of terms and key words AIDS/HIV: Acquired Immune Deficiency Syndrome IDU: Injecting drug use for this essay heroin injectors DTTO: Drug Treatment and Testing Orders Brought in under the Crime and Disorder act 1998, which replaced schedule 1 (A) Probation act as inserted by the Criminal Justice act 1991 BBV: Blood born viruses such as hepatitis 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'. Because this statement is ambiguous and is applicable to all drugs, the critique will focus on IDU heroin users and the concept of harm reduction. Because of its complexity will be split into four pillars. The first will deliver an overview of the history of harm reduction. Then the paper will apply philosophical frameworks to the idea of choice, and free will in considering harm reduction using John Stewart Mills and Jeremy Bentham. In analysing harm reduction as an evidenced based intervention the paper will consider two prison studies in Europe, researched by Nelles (2000). In support of abstinence in terms of crime control and not health the, paper will focus on Philip Bean and the Criminal Justice System, and will attempt to demonstrate harm reductions limitations. In 1977, the concept of harm reduction
Discuss the strengths and weaknesses of psychological (offender) profiling.
Discuss the strengths and weaknesses of psychological (offender) profiling Introduction Psychological profiling has been described as an investigative technique meant to be used to aid in solving particularly unusual cases. It is essentially felt to be an art, rather than a scientific pursuit (McCann, 1992), used to draw psychological conclusions from the material evidence left behind at a crime scene. The guiding theoretical base behind this increasingly popular but controversial tool is largely from the psychological literature. Although its origins can be traced as far back as the Bible, the professional development of profiling is most likely to be attributed to the work of the Behavioural Sciences Unit (BSU) at the FBI Academy in Quantico, Virginia. The work of Dr. Thomas Bond (1880s) following his autopsy on the last of Jack the Ripper's victims, the psychological profile of Adolf Hitler by Walter Langer during World War II and James Brussels' highly accurate sketch of the 'Mad Bomber of New York' (and the 'Boston Strangler') are all well-known and highly successful examples of this technique. The profile is generated based upon what can be termed a psychological assessment of the crime scene (Ault & Reese, 1980) and may include the following elements (Ault & Reese, 1980): Perpetrator's race, sex, age range, marital status, general employment and degree of sexual
The prison
Introduction: Issues and discussions surrounding aboriginal over representation The prison, for many people it is seen as a place of punishment, segregation, and humiliation but there is more than meets the eye. Prisons in Canada have gone through a significant revolution since its creation in Canada. Unfortunately there is still a large over representation of minorities in prison especially aboriginals. Minorities and aboriginals are over represented in the prison and legal system, due to both systemic and direct discrimination from the legal system and the authorities which govern the system. There are several explanations for this over-representation, but through the use of three specific critical analyses the issue at hand will be better understood from an academic stand point. The first critical analysis that will be explored is the history of aboriginal over representation, in this section a brief history of important facts will be exposed to better understand the issue. The next analysis will be one that outlines the causes and possible remedies that need to be associated with aboriginal over representation. Finally there will be a comparison done between blacks in America and Canadian aboriginals, this will be done to showcase commonalities between the two groups. History: evolution of aboriginal prison over representation To define, over representation means
PRINCIPLES OF CRIMINAL LIABILITY
PRINCIPLES OF CRIMINAL LIABILITY INTRODUCTION The general basis for imposing liability in criminal law is that the defendant must be proved to have committed a guilty act whilst having had a guilty state of mind. The physical elements are collectively called the actus reus and the accompanied mental state is called the mens rea. It is the fundamental duty of the prosecution to prove both of these elements of the offence to the satisfaction of the judge or jury beyond reasonable doubt. In the absence of such proof the defendant will be acquitted. ACTUS REUS An actus reus consists of more than just an act. It also consists of whatever circumstances and consequences are recognised for liability for the offence in question - in other words all the elements of an offence other than the mental element. Crimes can be divided into two categories: · First, there are conduct crimes where the actus reus is the prohibited conduct itself. For example, the actus reus of the offence of dangerous driving is simply "driving a mechanically propelled vehicle on a road or other public place" (s2 Road Traffic Act 1988). No harm or consequence of that dangerous driving need be established. · The second type are known as result crimes where the actus reus of the offence requires proof that the conduct caused a prohibited result or consequence. For example, the actus reus of the offence of
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"
"The government has said that it aims to put the victim at the centre of the criminal justice process 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" Within this essay attempts will be made to explore preliminary procedures before an accused can be bought to justice, this implicates certain police procedures. From the point of arrest right across to the potential sentence, a number of procedures are in placed. I will be examining in some detail the trial process and will be commenting throughout the attempts the current criminal justice system has made to ensure the guilty are convicted and have provided sufficient consideration for the protection of innocent accused. Prospective government reforms will be evaluated, drawing attention to potential merits and downfalls. In order to bring a suspect to justice they must first be arrested. The Police and Criminal Evidence Act 1984, regulates differing aspects of police powers. There are five codes of practice within the Act. Code A relates to stop and search procedures; Code B to the search of premises; Code C relates to interviews and conditions of detention; Code D regulates identification procedures; and Code E regulates the tape recordings
What is a Racist Incident?The Stephen Lawrence Inquiry Report recommended the following definition of a racist incident to be universally applied
What is a Racist Incident? The Stephen Lawrence Inquiry Report recommended the following definition of a racist incident to be universally applied by all agencies: "A racist incident is any incident which is perceived to be racist by the victim or any other person" Not all cases meeting the definition of a racist or religious incident will necessarily have sufficient evidence to meet the evidential test required by the Code. Offences charged as specific racially or religiously aggravated offences contrary to Sections 29-32 Crime and Disorder Act 1998 (CDA) require proof of both the "basic" offence and racial or religious aggravation as defined by section 28 CDA 1998 as amended. Both elements must meet the Code's evidential test. One of the common public interest factors in favour of prosecution is that the offence was motivated by any form of discrimination against the victim's ethnic or national origin, sex, religious beliefs, political views or sexual orientation, or the suspect demonstrated hostility towards the victim based on any of those characteristics. Cases in which there is a racist or religious element are almost invariably serious The Anti-Terrorism, Crime and Security Act 2001 amends the Crime and Disorder Act 1998 to include religious aggravation within the definition of Section 28 CDA. . The Law This chapter concentrates on the offences and sentencing
Eyewitness Testimony
Official Reports In 1976, in the UK, the Devlin committee was formed to investigate the reliability of eyewitness testimony, the Devlin committee released its findings in the Devlin report; The Devlin committee looked into a number of cases that had been proven as wrongful convictions due to eyewitnesses misidentification, these cases ranged from 908 - 1972. Several of the cases that lead to the Devlin committee being formed were the cases of, Alfred Beck, Oscar Slater, Luke Dougherty and Laszlo Virag; Even though the Devlin committee found that a number of eyewitnesses had misidentified suspects as the culprits, the committee reported that the findings did not warrant eyewitness testimony from being disallowed. However the Report did recommend that statutory safeguards should be implemented, but the government took no action. Professor Glanville Williams, one of the Devlin committee members, reported that "Neither the Beck case at the turn of the century nor the many miscarriages of justice since then have sufficiently impressed those concerned with criminal justice of the dangers of identification evidence. To mention some of the instances in late years: three occurred alone in the space of a few months in 1967-68. A memorandum of the National Council of Civil Liberties published in 1968 gave details of 15 cases from 966 onwards; in most of
Consider whether the Criminal law and the procedures and principles which underpin it, are being undermined by new procedures aimed at anti-social behaviour?
Criminal Law First Assessed Essay Consider whether the Criminal law and the procedures and principles which underpin it, are being undermined by new procedures aimed at anti-social behaviour? Anti-Social Behaviour Order's were introduced by the government in the 1998 Crime and Disorder Act1. Contrary to the vast majority, I believe that the procedures and principles which underpin our Criminal law are not at all undermined by new procedures aimed at anti-social behaviour. In fact I vehemently argue that they actively support the current Criminal justice system, as well as being a proven method of reducing crime and establishing safer communities. The function of Criminal law was established around 800 years ago and thus operates the same way as our common law system, designed to encompass the constant change in society and constantly develop. It is implemented to set the standard of behaviour in society, to educate and persuade what standard of behaviour is acceptable, to deter unlawful behaviour by threat of punishment and to punish those who commit crime (those who are not deterred). Each one of the functions will be discussed in the context of the Anti-Social Behaviour Orders and illustrate that in fact both procedures and principles complement each other as opposed to undermining. Set Standards of Behaviour Establishing effective law and order in society has been a
Inchoate Liability
Criminal law 2. 'It is doubtful whether these tortuously complex offences were necessary. The law of incitement was well settled. It seemed to present no difficulties in practice... the principal point here is that there is one gap in the law and an offence of facilitation is needed' To establish the strength of this quote the law of incitement must be analyzed. It is important to compare the common law of incitement and the new offences that have been incorporated into the serious crime act 2007. To do this I will discuss what inchoate liability is, what the law is behind it and how it relates to the quote. By doing this it will show the validity of the quote above. Incitement was an anticipatory common law offence; it was the act of persuading, encouraging, instigating, pressuring or threatening another to cause a crime. Incitement can be committed by hostile threats or pressure as well as by friendly persuasion. It can be implied as well as expressed. The purpose and rationale behind inchoate liability is to punish persons who have not committed an offence but has taken steps to commit a crime. It allows the lawful arrest and punishment of individuals who plan to cause harm to another person without having to wait until actual harm is inflicted. However there have been a lot of people who not agree with this, why should people get convicted for something they have
