The prevalence of intimate partner abuse.

The prevalence of intimate partner abuse The United States: The prevalence of intimate partner abuse has been studied extensively in Western countries. In The United States, a recent population-based survey indicated that 30% of women have experienced violence from an intimate partner during their lives, and that 53% to 63% of these women had physical injury related to their abuse (Centers for Disease Control, 1998). In another women health's telephone survey study on the prevalence of intimate partner abuse conducted from January to July, 1995 (Centers for Disease and Control, 1998), 30% of the 3130 women interviewed reported that they had experienced partner abuse during their lifetime, 6% reported they had experienced partner abuse in the last year. The National Violence Against Women Survey in 1998 conducted by United States Justice Department estimated that 1.5 million women were raped and/or physically assaulted by an intimate partner annually in United States (United States Justice Department, 2000). Many 0 of the victims were usually victimized more than once, so the number of intimate partner victimizations exceeded the number of intimate partner victims annually, with 4.8 million intimate partner rapes and physical assaults reported annually. These findings concluded that intimate partner abuse is a serious criminal justice and public health

  • Word count: 467
  • Level: University Degree
  • Subject: Law
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Two Competing Models of Justice - The Due Process Model and Crime Control Method

Elizabeth Gibbens Assignment #1 Packer's Analysis I. Two Competing Models of Justice The Due Process Model The Due Process Model (DPM) is known as obstacle course justice with an ideology that relies on the formal structure of the law and legal guilt. (1) The DPM's primary goals are to protect the due process rights of the accused and limiting the powers of the state. (2) This model has two values for determining justice first through the use of a formal, adjudicative fact-finding process that emphasizes the rights of the individual and second, an underlying presumption of innocence. (3) The Due Process model of justice is skeptical, allowing for the possibility of error but also has restrictions against the "morality and utility of the criminal sanction". The system emphasizes the quality of crime prevention, with no emphasis on finality. (4) Finally, the DPM's validating authority is judicial and requires an appeal to the legislative law of the Supreme Court and the Constitution. (1) As stated above the primary goals of the Due Process Model are protecting the rights of the accused and guarding the citizens against abuses of power by police and other law enforcement agencies. Under this model all accused persons are seen as individual rights guarded by the Constitution and (2) Two basic values of the Due Process Model are that it relies on legal guilt and

  • Word count: 2961
  • Level: University Degree
  • Subject: Law
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Manslaughter - Criminal Law - To establish an actus reus of an offence in homicide, it must have to be proved that the defendant caused the death of the victim.

SEMESTER A COURSEWORK LL105 CRIMINAL LAW COURSEWORK Reginald an ex army officer, served as a bomb disposal expert, plans a firework display for his son's birthday. Bought £500 fireworks, adds additional chemicals to make it more spectacular. He puts the fireworks in the booth of his car; first, he stops over at the mechanics to get the exhaust welded. Mac, the mechanic starts work and sooner the fireworks explode and Mac is badly hurt with fragments in his groin and leg. He is taken to the hospital, and the fragments are removed. Next day, he is in pain doctor administers a drug without looking at his medical record. The pain is relieved but Mac feels depressed. Later Mac opens his wound and is found dead the following morning. a. If Mac is charged with manslaughter the mental element required to explain to the jury are: 2. Does D owe a duty of care to victim 3. Did D breach that duty 4. Is his act the cause of the death 5. Is he liable If the jury answers yes, to all the above then D is liable. Before we can establish this, we have to define mental element. This is a state of mind the accused was in at the time of the act. The state of mind in this case, being the omission to act. Omission is an act of negligence, which leads to a minor act, or gross negligence, which leads to death. Negligence and gross negligence are both an act of omission, which has same state

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  • Level: University Degree
  • Subject: Law
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Inchoate offences.

Inchoate offences Inchoate just means an incomplete offence, and is an offence done with the intention of doing another. There are 3 forms of inchoate offences liability when Def actually fails to complete a crime. ) Incitement 2) Conspiracy 3) Attempt ) Incitement Basically Def must have tried to persuade another to commit a crime. A) ACTUS REUS Act of persuading, encouraging or threatening another to commit a crime but also includes threatening or pressurizing someone to commit a crime. Race Relations Board v Applin Defs were members of National Front were targeting a white couple who were fostering black children, involved threatening letters, distributed circulars and holding public meetings in an attempt to persuade the married couple to stop fostering black children. Court held Defs had 'incited' the couple under to commit an unlawful act against Race Relations Act 1968, (unlawful to discriminate in the public provision of services, discriminate by stopping fostering of black kids) Court held 'incite' meant not only to advice, encourage or persuade another to do an unlawful act but included threatening or bringing pressure to bear on a person. If the person incited agrees to commit the crime, both are liable for conspiracy. If the incitee actually commits the crime, the incitor will be liable as an accomplice to the complete offence, but the

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  • Level: University Degree
  • Subject: Law
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Discuss the potential criminal liability that Brain might face. Would your answer be any different if (a) the canister contained highly flammable material rather than weed killer? (b) Brian gave up the enterprise when he heard a noise?

Full Time Coursework Assignment - Semester 1 Student Number: 0523961 Course Title: LLDip/CPE Module Title: Criminal Law Word Count: 2744 Assignment Question Victor had won the largest marrow (vegetable) competition for the last three years in a row. Brian was jealous and decided to destroy the marrows. He filled a metal canister with weed killer, which would slowly kill the marrows. Brian arrived at Victor's home and watched the house from across the road. Unknown to Brian he was at the wrong home, which did not have a vegetable garden. When no-one was around, he approached the side gate and tested the lock. Brian heard a noise before he could enter the garden. He ran back to the road where he saw Victor riding a bike with a small trailer containing vegetables. He threw the canister at the marrows in the trailer but missed. (Victor was not aware that anything was thrown at him). Discuss the potential criminal liability that Brain might face. Would your answer be any different if (a) the canister contained highly flammable material rather than weed killer? (b) Brian gave up the enterprise when he heard a noise? Part 1 Brian, by embarking on a course of action to intentionally destroy Victor's marrows, would be potentially liable for the inchoate offence of attempt. Inchoate1 attempt offences were originally

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  • Level: University Degree
  • Subject: Law
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There are many views regarding the morality of capital punishment. These moral views are based on cultures, religions, personal ethics and standards. We will explore theories in regards to the death penalty from utilitarian, John Stuart Mill

Moral or Immoral: The Death Penalty The death penalty is often used as a form of justice for heinous crimes and it is one of the most controversial topics of discussion throughout the world. It is a unique means of guaranteeing that a convicted killer can never kill again. There are many views regarding the morality of capital punishment. These moral views are based on cultures, religions, personal ethics and standards. We will explore theories in regards to the death penalty from utilitarian, John Stuart Mill and retributivist Immanuel Kant. Mill's ethical views are based on the Utility, or the Greatest Happiness Principle, which holds that actions are right in proportion as they tend to promote happiness, wrong as the tend to produce the reverse of happiness. Pleasure and freedom from pain, are the only things desirable as ends (RTD, pg 66). The death penalty does not promote pleasure but invokes pain. Since suffering is an intrinsic evil for utilitarianism, it must be eliminated whenever possible and is not morally justified when its use doesn't result in more good than evil. For utilitarianism, the primary benefit of punishment is reducing crime therefore, reducing the evil of suffering which is caused by crime. Mill's believes the death penalty is evil. However, he will agree that the death penalty is justifiable. It is justifiable because it deters

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  • Level: University Degree
  • Subject: Law
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R v Boater. Facts in issue: Did Boater intend to kill the dog and was he reckless as to his actions? The main issue here is that did he have the knowledge/awareness of his actions and what was going on?

OLUWAYEMISI DIYA EVIDENCE LW518 SEMINAR LEADER: STEVE UGLOW SEMINAR GROUP 8 2TH MARCH 2003 R v Boater Boater is charged under section 1 of the Criminal Damage Act 1971 which states that "a person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence. . Boater admits injecting the dog but denies having the requisite intent1. Defence of accident as a result of the mislabelling of the ampoule which he claims was labelled as a harmless 'muscle relaxant'. This provides him with a shield against cross-examination on his record and bad character2. Facts in issue: Did Boater intend to kill the dog and was he reckless as to his actions? The main issue here is that did he have the knowledge/awareness of his actions and what was going on? Mr Oars - prosecution witness. Statement is admissible. Issue one: the belief by Mr Oars that since Boater does not like this particular breed of dog, he does not take very good care of them. Since Mr Oars believes that Boater does not take ivery good care of these particular breed of dogs, there is a probability that he is liable for the death of his dog. However, questions put forward to Mr Oars by the prosecution would be based as to whether he liked Mr

  • Word count: 2489
  • Level: University Degree
  • Subject: Law
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Criminal Law Coursework - Criminal Damage

Criminal Law Coursework - Criminal Damage a) Jason could be charged under s.1 of the Criminal Damage Act 1971. In his case both the actus reus and mens rea are satisfied. The act of breaking the door down when entering the flat would satisfy the actus reus, this is because James has damaged property belonging to another without lawful excuse. The door is obviously the property in question. Whether the damaged property had been destroyed or damaged is irrelevant has no significance, the fact that the property had been impaired of its value and usefulness is significant enough as stated in Roper v Knott (1898). The mens rea is also satisfied as there was clear intention to commit this act. The fire that Jason started with the newspaper would also constitute an offence. Jason could be charged under s.1(3) of the Criminal damage act 1971. This section is used when property is destroyed or damage by fire. By burning the newspaper Jason satisfies the actus reus, it is also clear that the necessary mens rea, intention, which is evident as he says in a police statement that he intended to start the fire but put it out once the newspaper had burnt. Although the newspaper is not that valuable it would still constitute an offence under s1 of the Criminal Damage Act. The question that now arises is whether Jason had an intention to burn the carpet once he set fire to the

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  • Level: University Degree
  • Subject: Law
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"Mark Has Been Arrested for Theft of a Bottle Of aspirins From His Local Chemist" Describe the Pre-Trial Procedure and the Key Decisions That Must Be Made.

"Mark Has Been Arrested for Theft of a Bottle Of aspirins From His Local Chemist" Describe the Pre-Trial Procedure and the Key Decisions That Must Be Made. The criminal justice process and police work is rooted in discretionary factors of the police officers. (Davis, Croall, Tyrer 1996: p106) The police are responsible for the important decisions made as to whether the suspect is to be prosecuted or diverted from the criminal justice process. Some of these decisions are influenced by the police occupational culture and the negative stereotypes of criminal behaviour. In addition, these prejudices can affect the decisions to arrest, charge and prosecute. After the decision to prosecute has been made the Crown Prosecution Service (CPS) replace the role of the police and independently assess the prosecution decisions. Additional decisions about Mark's future will be made once he reaches the magistrates courts. This essay will explore the various pre-trial procedures within the legal framework, the discretionary factors of the police and the key decisions that could be made by both Mark as the suspect and the police officers involved in the case. Studies by Cain (1973) into how the police exercise their discretion show a wide variety of circumstances that can affect the decision to arrest. For example, the officer may feel that Mark's offence is relatively minor. He may be

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  • Level: University Degree
  • Subject: Law
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CRJ 110 INDTRODUCTION TO CRIMINAL JUSTICE FINAL EXAMINATION

CRJ 110 INDTRODUCTION TO CRIMINAL JUSTICE FINAL EXAMINATION . a.) What are the central features of the police "working personality?" The central features are: Authoritarian, Cynical, Conservative, Dogmatic, Suspicious, Hostile, Individualistic, Insecure, Loyal, Efficient, Honorable, Secret, Prejudice. b.) How does the police working personality develop? The police working personality develops when the rookie is put with a veteran officer and is shown the policies in the real life settings. The office develops the traits of being inducted into socialization of other officers. 2. a.) Outline the structure of the federal court system? (1.) U.S. districts courts (2.) U.S. Courts of appeals and (3.) The U.S. Supreme Court b.) outline the structure of a "typical" state court system. (1.) A centralized court structure compassed of a clear hierarchy of trial and appellate courts. (2.) The consolidation of numerous lower-level courts with overlapping jurisdiction. (3.) Centralized state court authority which would be responsible for budgeting, financing, and managing all courts within a state. COURTS OF RESORT (SUPREME COURT) INTERMEDIATE APELLATE COURTS (39 OF 50 STATES) TRIAL COURTS OF GENERAL JURISDICTION (SUPERIRO COURTS, CIRCUIT COURTS, COURTS OF COMMON PLEAS) TRIAL COURTS OF

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  • Level: University Degree
  • Subject: Law
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