...Understanding the elements of a crime and the aims of sentencing Task 1:1: Actus reus In criminal law actus reus consists of all elements of crime aside from the defendants’ state of mind. Actus reus can consist of the following; Voluntary acts Because this is the physical action carried out by someone it is the most common type of actus reus e.g deliberately causing someone pain by hitting them. Because the criminal law is mainly affected with fault on the defendants part, it has to be an intentional (voluntary) act otherwise if the defendant has no control over his or her actions they have not correctly committed the actus reus. In Hill v Baxter [1958] the court gave examples of situations where a driver of a vehicle could not be said to be doing the act of driving voluntarily. These included a driver losing control of his vehicle by being stung by a swarm of bees, or of he was struck on the head by a stone or had a heart attack whilst driving. Involuntary Act Examples of involuntary acts include where the defendant hits another person because of a reflex action or a muscle spasm, another is where one person pushed a second person causing them to bump into a third person. In this situation the act of the second person who has been pushed is involuntary. Even though he has still hit the third person, he has not committed the Actus Reus for any assault offence. This applied in the case of Mitchell [1983] the defendant tried to push his way into a queue at the post office...
Words: 5108 - Pages: 21
...Criminal Offences Criminal offences are dealt with by the police, they will arrest the suspect for what criminal actions may be and then will take them to the station for questioning. They will either release the suspect without a charge, will charge the suspect of an offence or bail the suspect and they will return at a later date, the suspect can be cautioned. However after an arrest the arrestee may want to be granted bail, this will be given by the police if they choose to give this. The offences are categorized into three main headings; Summary offences, Indictable offences and either-way offences. Summary offences will be heard at Magistrates Courts and will involve actions such as motoring offences e.g. speeding, driving without a licence or valid licence, no insurance and drink driving. The maximum penalty for summary offences include a 6 month imprisonment, or a fine of £5,000. Indictable offences are the most serious cases that will be tried in the Crown Courts, e.g. murder. Either-way offences are offences that could be tried ‘either-way’ depending on the seriousness of the case; this could be tried in the Crown Court or Magistrates Court. An example of an either-way offence is theft. Cases that take place in a Magistrates Court are heard by Lay Magistrates or a District Judge, in the Crown Court the juries will make the final decision. A judge will also be present to see if the procedures are all done properly. A Court of First Instance is dealt with within the District...
Words: 1885 - Pages: 8
...checked frequently and replaced if necessary. This would include: fire extinguishers, fire exit signs, fire alarms, a sprinkler system, the management need to make sure that they have trained their staff to a high standard so that they understand about health and safety and if needed provide any extra training when needed. Health and Safety at Work Act 1974 This act sates that if businesses employ a lot of people, the employer has to provide a health and safety policy. The purpose of the law are to protect all employees in the work environment and to ensure all chemicals and substance are stored away and used safely. In addition the policy has to remain up to date. For Lambeth Academy because they require a lot of employees it its compulsory for them to have a written health and safety policy, this will help Lambeth Academy to maintain a safe environment by employees and students following the Academy’s policy. The Workplace Regulation 1992 This act was introduced in 1992 the law was to ensure the basic welfare needs of employees is dealt with. The regulation applies to facilities, design and...
Words: 609 - Pages: 3
...marketing a product or service. I will be describing the limitations and constraints of marketing organisation I have chosen is Costa Coffee. It is important for all the businesses to make sure that when marketing they are within the constraints of the law. The Limitations and constraints are needed for the marketing purpose because the organisation need to follow the laws or else they might get closed or fined by the government for not following this laws. Meaning the organisation is legal to stay on the market and dangerous for the customers for the product or service that the organisation was offering. Legislation: this is the law which has been promulgated by the legislature or other governing body, or the process of making it. Statutory law: The written law set down by a legislature (as opposed regulatory law promulgated by the executive branch or common law of the judiciary in a typical democracy of republic) or by the legislator in a case of an absolute monarchy. Common law: this law is developed by judges through decisions of courts and similar tribunals rather than though legislative statues or executive action branch. Common law system is a legal system that gives great presidential weight to common law, on the principle that it is unfair to treat similar facts differently on different occasions. Legal constraints: Sales of goods act 1979- The traders is permitted krispy kremes sell goods that are as they are described and of good quality, this can...
Words: 1386 - Pages: 6
...BTEC Level 3 National Extended Diploma in Sport and Exercise Sciences Unit 3: Assessing Risk in Sport Assignment 1:Legislative, Legal, and Procedures in Health and safety | Learning Outcomes:1 & 3 | Criteria: P1, P2,P4, M1,M3, D2 | (Please tick where evidence has been submitted) Evidence you need to submit | Tick in box if submitted | | Deliver a PowerPoint Presentation and speaker notes | | Task 1 | Summary of four legislative factors, legal factors and regulatory bodies that influence health and safety in sport | | Task 2 | Summary of three procedures used to promote and maintain a healthy and safe environment | | Date Issued: | | Submission Date: | | Date Submitted: | | | | Learner Name: | | Learner Signature:I certify that the work submitted for this assignment is my own. | | | | Assessor Name: | Anne Bedford | Internal Verifier: | | Date: | | Vocational Context – The health and safety of sports participants is paramount in today’s society. This is important not only in relation to the people who play sport but also those who work within the industry, and the thousands of loyal fans who follow and watch sport week in and week out. Health and safety is now a priority for those who work within the sector with the aim of reducing incidents and making the sector safer for spectators and participants alike. All organisations have a duty of care to the people within their environment. Scenario – In order for...
Words: 2317 - Pages: 10
...P1 Equality Equality is making sure that individuals or groups are being treated justly so no one is treated favourably, this therefore removes people being discriminated. The equality acts protect characteristics such as * Age * Disability * Gender reassignment * Marriage and civil partnership * Pregnancy and maternity * Race * Religion and belief * Sex * Sexual orientation This means everyone is equal and should be treated equal regardless. It’s very important in health and social care because according to equal opportunities it states that everyone should have the same good service experience that they deserve and their characteristics should not affect how they are treated. Equality is important because it will create good relations with staff and service users. Diversity Diversity means understanding that everyone is different and unique it’s also about recognising people’s differences and respecting it. This can be anything like race, ethnicity, gender, sexual orientation, socio-economic status, age, physical abilities, and religious beliefs. A person’s differences should not affect how they should be treated therefore Health carers need to understand different types of people so they do not discriminate covertly or overtly. Diversity is very important because we are now in a more diverse society in our lives and at work. Understanding people and diversity ensures that everyone is valued and treated fairly in a health care...
Words: 2225 - Pages: 9
...BTEC HN in Business [Aspects of Contracts and Negligence for Business] Unit 5: Aspects of Contracts and Negligence for Business Unit Code: Y/601/0563 Assignment Title: Be able to apply principles of liability in negligence in business situations Assignment 4 – Scenario As a business law student provide a detailed article on the following to present to your lecturer, showing a clear understanding of the topics: Task 1 4.1 Apply the elements of the tort of negligence and defences in different business situations [Format: Negligence: application of the legal principles of negligence and relevant statutory and case law to business scenarios; General defences: volenti non fit injuria; statutory authority; necessity; Act of God; special defences against specific torts; contributory negligence; Remedies: compensatory and non-compensatory] 4.2 Apply the elements of vicarious liability in given business [Format: Negligence: application of the legal principles of negligence and relevant statutory and case law to business scenarios including: personal injuries, damage to property, economic loss, occupier liability; defences; contributory negligence; remedies] (This provides evidence for outcome LO4 – assessment criteria 4.1, 4.2) _ Assignment Unit 5 – Assignment 4 – HN Specification in Business Assignment 4: HN Business Unit 5: – Aspects of Contracts and Negligence for Business Outcome(s)/criteria: Indicative Characteristics Possible...
Words: 505 - Pages: 3
...Criminal Procedure Policy Order and liberty are two areas within criminal procedure that have tension among one another (book). Order is a stronger approach toward the criminal justice system than liberty. Liberty concerns an individual’s rights to due process, which means everybody deserves the same rights when arrested regardless of the circumstances such as poor person versus a rich person. The two models that were developed by Herbert Packer were the crime control model and the due process model (book). Both models have similarities as well as differences and not one is “good” and the other “bad” according to Packer. The two primary goals within the criminal justice system are the need to enforce law and maintain social order and the need to protect people from injustice (defenseinvestigator). The fourth, fifth, sixth, and fourteenth amendments play a signifigant role when analyzing both the due process model and the crime control model. This paper will further explore both models as well as how the models view the fourth, fifth, and sixth amendments and how the fourteenth amendment gives the same rights on a state level as well as federal. Crime Control Model The crime control model is a stern approach to the criminal justice system. As described by Hubert Packer, “the crime control model is like a conveyer belt, moving cases starting from arrest to conviction in a swift and fast process (Book).” Fact finding is what defines this model. If an officer makes an...
Words: 1348 - Pages: 6
...that breaks the Immigration Law should be punished, even if they are not citizens of the country. According to Perez (2001), “In 1986 Congress passed the Immigration Reform and Control Act that, among other things, granted amnesty to illegal immigrants who could demonstrate continual residence in the United States prior to 1982” (Perez, 2001). Because of this law, millions of illegal immigrants can use this act to become citizens of the United States. | According to Mirram-Webster (2012), “amnesty means that the act of an authority (as a government) by which pardon is granted to a large group of individuals” (Mirram-Webster, 2012). Therefore, amnesty is unfair and unconstitutional because all of the illegal immigrants that come into the United States are pardon after they have violated the laws in this country. Why do we continue to allow these illegal immigrants to go unpunished? If it were some of the U.S. citizens breaking this law they would not be granted amnesty; they would be treated differently, so why illegal immigrants should be pardoned? Robert Byrd (2001), a West Virginia senator, says, “Illegal immigrants who have worked for many years in the United States should not be granted amnesty” (Byrd, 2001). Illegal immigrants who work in the United States should be punished because they do not have green cards or permission from the United States to come to America. Although amnesty is an approved law, many peoples do not agree with this law. On the other hand, some Americans...
Words: 1845 - Pages: 8
...Few good man Time from time you may hear stories of abuse by the military justice "system". There are multiple destroyed and financially devastated families out there suffering heartbreak and loss at the hands of an uncaring, unfeeling and unjust process which makes a mockery of our Bill of Rights. Military justice for the majority is prefabricated according to the wishes of the local Commander, and the "trial" or "court-martial" is tantamount to a pre-ordained verdict of GUILTY. How could any court proceeding be considered fair when the "convening authority," by right of title, is given the power to select the judge, the jury and defense and prosecution attorneys? It may go "unsaid," but the implication is very clear - if the convening authority "sees fit" to bring about a court-martial, then the accused can be assumed to be guilty. What's special, or even topical, about A Few Good Men movie is it speaks to how military honor can be so readily suborned by the authoritarian impulse. And second, how the same honest pride - not to mention competence - is necessary to bring such posturing would-be tyrants to justice. The main issue the movie touches upon is military justice. A good marine abides by the following code: 1. Unit 2. Corps 3. God and 4. Country For this code to be at its effective best, it must be governed by truth and justice. What happens when truth and justice fail to be active participants of this code? Justice has been defined in many ways...
Words: 948 - Pages: 4
...Akhil Kaushal P According to The Transparency International 2006 Corruption Perceptions Index: • Most honest countries – Finland, New Zealand, Iceland, Denmark and Singapore • Most corrupt countries – Haiti, Guinea, Myanmar, Iraq, Bangladesh, Chad, Congo and Sudan • China, Brazil, Ghana, Senegal, Peru, Mexico, Saudi Arabia, India and Egypt all rank in the middle Lack of resources Explosive population growth Need stronger and more effective institutions Lack of democracy Ineffective judiciary Unfair elections Lack of free media From The Bulging Pocket and the Rule of Law: Corruption, Inequality, and Trust Inequality –> Low generalized trust & High in-group trust –> Corruption –> Inequality The dilemma of low trust in strangers and high trust only in your own group Inequality and in-group trust lead to clientelism This pattern is difficult to break Two types of inequality: Economic inequality Unfair legal system Makes it more difficult for the poor to have access to the legal system Shielding people at the top Democratic institutions are not sufficient to curb corruption Media consumption, centralization, federalism, the nature of the electoral system, the level of wages paid to officials also don't matter Structural reforms may not matter much for corruption, however: • Democratic countries are far less corrupt than nondemocracies • Countries with strong democratic...
Words: 334 - Pages: 2
...Stand Your Ground Gerald Makey SOC 205 Strayer University The “Stand-your-ground law validates a person in using any physical force including deadly force, when they are not involved in illegal activity and is in a place where he or she has the right be, they have no obligation to haven and have the right to stand their ground. A quick breakdown of this law is that it give a person legal cover in the event that they find themselves in a certain situation in which their survival, or the preservation of their family necessitates them to stand their ground and use a weapon for defense. This law can be referenced back to the Supreme Court case Beard v. United States, 158 U.S. 550 (1895). It is defined in this case that, “A man assailed on his own grounds, without provocation, by a person armed with a deadly weapon and apparently seeking his life is not obliged to retreat, but may stand his ground and defend himself with such means as are within his control; and so long as there is no intent on his part to kill his antagonist, and no purpose of doing anything beyond what is necessary to save his own life, is not guilty of murder or manslaughter if death results to his antagonist from a blow given him under such circumstances (www.justia.com). In Houston, Texas a “Stand-your-ground” case has brought a lot of attention, but also a lot of controversy. In this case Raul Rodriguez was found guilty of killing his neighbor over a dispute over loud music. Rodriguez who was a retired...
Words: 298 - Pages: 2
...Jacob Frederick 5-29-12 Buller Composition II Marijuana: Medicine or Menace? I have had strong feelings about this issue before it was even brought up as a topic for debate in our class. My opinion on the topic has not changed in the slightest, but I did learn a lot of interesting details concerning it. I have always felt that marijuana should be legalized, or at the very least, people with serious medical conditions should have access to it. And marijuana doesn’t even have to be legalized in my opinion, but it should definitely be decriminalized. I don’t think anyone who wants to smoke a plant that they grow themselves should have to suffer consequences, considering they are responsible in their recreational smoking. I do feel that if it were legalized, that there should be an acceptable age limit to buy and/or consume marijuana, comparable to that of alcohol. There are beneficial as well as harmful effects concerning marijuana, but that goes for a lot of things people do in everyday life. And I feel that a lot of time has been spent shining the spotlight on the harmful effects of marijuana, while little research has been done or even allowed, on the benefits of marijuana. While preparing for the debate, I encountered many sources on each end of the spectrum; including some in the middle. Many of the sources I looked at seemed rather credible, but others were most definitely biased. One example of a blatantly biased comment was, "Most pot smokers drink alcohol heavily...
Words: 949 - Pages: 4
...that shape the decisions people or organisations make(Termpaper warehouse,2012).http://www.termpaperwarehouse.com/essay-on/Ethics-In-International-Marketing/53994. Today, law suits are filed against erring companies found wanting or in bridge of ethical standards which has increased the need of cautiousness in the way most companies project their image . It summarizes the natural rights and universal values of the equality of all men and women to the law of the land. It also covers concern for the natural environment, health and safety. Read more: http://www.businessdictionary.com/definition/ethics.html#ixzz28xWPwQco Ethics in marketing are the basic principles that governs the business practice of those involved in promoting their products to or services to consumers(Business dictionary.com). Sound marketing ethics however are those practices that do not impact negatively on the consumers. http://www.businessdictionary.com/definition/marketing-ethics.html Ethics has always been the bane of moral studies and value and has been in practice since the ancient times. (Napoleon,1804) in his 36 codes of conduct, noted that all citizens in France, irrespective of place of birth or social status is entitled to fair and equal treatment. As a branch of philosophy, ethics deals with established laws that guide human relationship and behaviour with emphasis on good sense of judgement. Scholars like Aristotle identified character as ''ethos'' which he described as the...
Words: 294 - Pages: 2
...AL-HELAL Course Title: Administrative Law Class Roll: ZH-26, 4th Batch, 5th Semester Dept. of Public Administration, University of Dhaka. Cell : 01924202090, E-mail : helal_pad_du@yahoo.com RULE OF LAW IN BANGLADESH: AN OVERVIEW ABSTRACT: "No free man shall be taken or imprison or disseized or exiled or in any way destroyed nor will we go or send for him, except under a lawful judgment of his peers and by the law of the land". --MAGNA CARTA This paper is a presentation of the concept of rule of law, Dicey's theory of 'Rule of Law', rule of law in true and modern sense and rule of law in Bangladesh. In Bangladesh context I have discussed the provisions for ensuring rule of law in Bangladesh constitution. I also have discussed the provisions of the constitution, which are contrary to the concept of rule of law in Bangladesh. It has been also identified the difficulties of application of rule of law in Bangladesh. INTRODUCTION One of the basic principles of the English constitution is the rule of law. This doctrine is accepted in the constitution of U.S.A. and also in the constitution of Bangladesh. Now a days rule of law is one of the most discussed subjects of developing countries. Developed countries and donor agencies always instruct the developing countries for sustainable development and good governance. Actually sustainable development and good governance mostly depends on the proper application of rule of law. Laws are made for the welfare of the people...
Words: 3323 - Pages: 14
