Personalism-impact on victims and how Restorative justice conference can balance the interest of victims and the public.
Introduction There are many different definitions of crime. One is as in the current justice system, which views crime as an act or omission that the law makes punishable. The other system, which has been increasingly popular in recent years, is restorative justice, which perceives crime as 'an injury of people and relationships' (Zehr, 1990) rather than merely a violation of law and social norms. Due to these conceptual differences, they take different approaches in response to crime. The existing system highlights the retributive and punitive domain; it intends to establish blame on offenders and make offenders repay their debt to society by punishment. The system is more offender-oriented and its focus is the past rather than the future. Besides establishing blames, it tends to give less attention on future-oriented concerns like how to repair the damages caused by the crime and how future recurrences can be prevented. It has been argued that the existing system places excessive emphasis on the past and is less constructive to victim, offenders and the society. From the restorative justice perspective, crime is viewed as social conflicts within the society. Restorative justice system was designed to restore social harmony and repair the damages of social conflicts. It begins with repairing the harm suffered by victims and assisting the reformation of offenders. It
Critically assess how effective employment law is as a means of altering social attitudes.
LABOUR LAW COURSEWORK BY ADRIAN SHUM. TITLE: Critically assess how effective employment law is as a means of altering social attitudes. To assess how effective employment law is a means of altering social attitudes I aim to thoroughly examine whether respective legislation has sufficiently enabled women to enter and progress in professional employment on an equal footing with men. Hence, has there been a lifting of the so called 'glass ceiling', which Browne defines as, "An invisible barrier of discrimination which makes it difficult for women to reach the same top level in their chosen careers as men."1 Alternatively, I aim to evaluate, does the mere avoidance of discrimination carry with it little prospect of significant overall improvement in the socio-economic position of women. Thus, is there a need in the UK for more proactive measures such as legislation permitting or even obliging positive discrimination and compulsory affirmative/positive action, to remove the inequalities that remain. Before doing as such I feel it is imperative to differentiate between and explain what positive discrimination and affirmative/positive action are. Positive discrimination is where for example an employer restricts applicants for a particular job to women or automatically appoints a woman, and the only reason for such is that women may be underrepresented in the position in
The Constitution of United Kingdom In Comparison with the Constitution of Russia
Constitutional Law The Constitution of United Kingdom In Comparison with the Constitution of Russia Introduction: Constitutional law is concerned with the role and powers of the institutions within the state and with the relationship between the citizen and the state . Thus, it tends to concentrate on the relation between the primary organs of sovereign power (for example, Parliament and the judiciary) and the fundamental principles of constitutionalism, such as the rule of law. All constitutional law presupposes the existence of a constitution, whether written or not. A constitution sets out the relationship between individuals and the Government. It is a document that sets out necessary rules for the framework and operation of state institutions, for example defining the powers of the state and its agencies . Who can do what and where the limits of power are. This can only be of value if people feel an ownership of their constitution and other institutions are open and fair. This essay will examine the constitutional law of the United Kingdom in comparison with the constitutional law of Russia. To do so a brief background and history will be discussed in order to explain how the current constitutional law of these two countries came about. An Introduction to the United Kingdom and Russia's Constitution Similarly, the study of constitution of the United Kingdom and
The Lindbergh kidnapping
Introduction In what was called the crime of the century, the Lindbergh kidnapping was the abduction and murder of the twenty month-old son of world famous aviator, Charles Lindbergh Sr., on March 1, 1932. In addition to fame, the Lindbergh's were known as an affluent family during the Great Depression. While their social status and ability to pay a ransom made them more susceptible to be a kidnapping target, the very young age of their child increased the inherent risky outcome of such an act altogether (Douglas et al., 1992). Lindbergh Jr., was snatched from his nursery by someone climbing up to the second floor nursery window using a ladder that was later found near the house. The kidnapper(s) left behind a ransom note that was followed by twelve more, requesting $70,000 dollars. The New Jersey State Police, assumed charge of the investigation, but Lindbergh Sr. wanted his friends to communicate with the kidnappers. Eventually, a ransom of $50,000 in gold certificates was handed over to the kidnapper by an intermediate, Dr. John Condon. Dr. Condon would later identify the stranger as "sounding foreign" (Fisher 1999). Seventy-three days after he was kidnapped, the body of the Lindbergh child was, by accident, found in Hopewell, New Jersey, four and one half miles southeast from where he was abducted. The body of the child had a
Analysis of the law relating to the offence of Murder and relevant offences of Provocation, Diminished Responsibility and Intoxication.
This continuous assessment requires a detailed analysis of the law relating to the offence of Murder and relevant offences of Provocation, Diminished Responsibility and Intoxication. The issue of non-fatal offences will also be dealt with. Murder is the killing of a human being by a human being within the Queen's peace, death arising within 3 years of the act by the accused and also caused by the act of the accused. The actus reus of Murder therefore requires that the defendant should have caused the death of the victim through an act of his/her own. Death should be caused within the Queen's peace and three years of the act of the defendant.1 In this question the defendant Mo killed her husband Billy. It was Mo's act of setting fire to Billy's bed, which caused the death of Billy who is the victim in this instance. It is required to be proved that death was caused by the act of the defendant. Murder is a consequence crime and therefore accordingly requires causation to be proved in order for the actus reus of murder to be proved. It is in essence proving that it was the act of the defendant that caused the death of the victim. Causation is a 2-stage test and requires firstly causation in fact. The test for causation in fact is the 'But for test'2. But for the act of the defendant, would the victim still have suffered the consequences and if not then there is causation in
This paper will deal with the common law legal system as a legal transplant, focusing on the reception of the common law in South East Asian jurisdictions, before comparing it with that of East Asian India to analyse how the common law functions and evolv
Introduction This paper will deal with the common law legal system as a legal transplant, focusing on the reception of the common law in South East Asian jurisdictions, before comparing it with that of East Asian India to analyse how the common law functions and evolves as a legal transplant. We will start with an analysis of the historical, socio-cultural and political contexts of the respective countries, from which we can assess the extent of reception in each of these and the resultant issues that arise. Finally we will attempt to arrive at an understanding of the common law as a legal transplant, how it is beneficial and why it evolves differently in the respective countries. Legal Systems as Legal Transplants The term "legal transplants" was coined by Alan Watson to refer to "the moving of a rule... from one country to another, or from one people to another". This involves the spread of cultural items between individuals in the "continual mass borrowing... of rules" which Watson asserts is "the most fertile source of legal development". Watson's theory of legal transplants has been met with great criticism, from being "flawed" with "unconvincing" empirical evidence to "not [being] a theory at all"1. Some insist that legal transplants are impossible, as proponents of legal transplants must accept that law is simply a body of rules, and these rules are bare
Criminal Law - A Miscarriage of Justice.
Criminal Law. Assignment 1. Part B. A Miscarriage of Justice. Hemis No:198788. Word count:3,000 As there is no material regarding this case 'in print' as of yet, all sources of information used have been attached as appendices. Sally Clark. o On the 9th November 1999, after a four week trial at Chester Crown Court, Sally Clark was found guilty and convicted of the murder of her two children. o The Criminal Cases Review Commission, the body which investigate miscarriages of justice in England, sent Sally Clark's case to the Court of Appeal. o On the 2nd October 2000 at the Court Of Appeal, the guilty verdict was upheld. They ruled that the case against Sally Clark was 'overwhelming' despite the support of fresh evidence. o The Criminal Cases Review Commission has ordered, that the case should go back to the Appeal Court because of the new medical evidence put forward, contained in a report overlooked at the original trial, which shows that Harry, the second baby to die, suffered from staph aureus at the time of his death, which almost certainly killed him o Sally is now serving the forth year of her life sentence. The case of Sally Clark is a long and difficult one to understand. There are no precedents in this area of law and no books have been published regarding this case, as it has not yet been recognised by the courts. This is a landmark case and Sally Clark
criminal law assignment
Criminal Law Law 113 Alan Reed Assignment 2 ~ Criminal Problem Gemma Bolt ~ 053047962 Table of Cases * Abdul-Husain and Others [1999] Crim.L.R 570 * Allan [1965] 1 Q.B. 130: [1963] 3 W.L.R. 677 * Bainbridge [1960] 1 Q.B. 129: [1959] 3 W.L.R. 656 * Brown [1985] Crim.L.R 367 * Clarkson [1971] 1 W.L.R. 1402: [1971] 3 ALL E.R. 344 * Cole [1994] Crim.L.R. 582 * Doughty (1986) 83 Cr.App.R. 319: [1986] Crim.L.R. 625 * DPP for Northern Ireland v Lynch [1975] A.C. 653: [1975] 2 W.L.R. 641 * DPP for Northern Ireland v. Maxwell: sub nom. DPP v. Maxwell [1978] 1 W.L.R. 1350 * DPP v. Camplin [1978] A.C. 705: [1978] 2 W.L.R. 67 * Duffy [1949] 1 ALL E.R. 932 * Hudson and Taylor [1971] 2 Q.B. 202: [1971] 2 W.L.R. 1047 * Lomas 1913 * Olugboja [1982] Q.B. 320: [1981] 3 W.L.R. 585 * Ryan (1996) 160 J.P. 610: Crim.L.R. 320 * Smith Morgan [2000] 3 W.L.R. 654: [2000] 4 ALL E.R. 289 * White [1910] 2 K.B. 124 * Woolin [1999] 1 A.C. 82: [1998] 3 W.L.R. 382 Table of Statutes * Criminal Attempts Act 1981 Elizabeth II HMSO * Sexual Offences Act 2003 Elizabeth II HMSO ss 1 & 63 * Theft Act 1968 Elizabeth II HMSO s9(1)a The question at hand is to discover the criminal liability of Alan, Titus, Celestine, Shay and Shola. Firstly Alan is part of a joint enterprise which is where two or more people are committed to carrying out a common offence1. Here the joint enterprise is
Critically consider all arguments concerning spousal compellability and conclude whether or not it is justifiable.
In 1940, Wigmore described the rule that spouses should not be compellable as: �the merest anachronism, in legal theory, and an indefensible obstruction to truth, in practice.� 1 Whereas Lord Wilberforce stated: �to allow her to give evidence would give rise to discord and perjury and would be, to ordinary people, repugnant.�2 These are two very differing opinions, highlighting the fact that spousal compellability is a highly debatable area of law. Under section 80 of the Police and Criminal Evidence Act 19843 (PACE), spouses are non-compellable unless the offence is one which is specified.4 This spousal privilege has sparked intense criticism and renders the justification questionable. Utilising academic opinion, case authority and relevant sources, I will critically consider all arguments concerning spousal compellability and conclude whether or not I think it is justifiable. Hoskyn v Metropolitan Police Commissioner5was the first significant step towards the PACE. This case concerned a marriage two days before the trial date, the defendant was convicted and he appealed on the grounds that his wife should not have been a compellable witness. The House of Lords ruled that when her husband is charged with violence against her, she is competent but not compellable. There were dissenting judges and vast criticism because of this decision and this
Criminal Law - Problem Question - Homicide
Assignment No.2 "Alan, a soldier, was home for the weekend. He possessed several rifles. In a drunken argument with his father, Brian, as to who was the better shot with a gun, Brian threatened to break Alan's nose. Alan was afraid of his father but he was the first to load one of the rifles and, a little wobbly on his feet, took aim at Brian and, in haste, shot and injured him. Feeling shocked, Alan fired a second shot at an expensive vase which shattered. Alan managed to call for an ambulance but the ambulance was delayed by a freak storm. Eventually, Brian arrived at hospital where his injuries were treated. After several days he developed an infection in the wound. He was treated by Doctor Chris with an antibiotic to which Brian was allergic. The next day, seeing that he was no better, Doctor Chris administered more of the same antibiotic to Brian in extremely large doses. That night, weak, delirious and close to death, Brian jumped out of the window when he saw the doctor approaching. He fell two storeys to the ground and was killed. Alan confessed to the police that he had lately been hearing voices and believed that his father Brian was the devil. He had not wanted to kill but had wanted to frighten his father. Doctor Chris confessed to the police that he was diabetic and had not had time to eat properly after taking his insulin. Discuss the liability of
