...the fact that one has acted wrongfully but also the consequences which ensue. Gerneral Principles of Criminal Liability Liability depends upon • Wrongdoing (actus reus) • Culpability (mens rea) • Absence of any defence General Principles (con) • Key Points • Actus Reus – usually liability requires proof of some act. You must identify that act. Without it there may be no liability however blameworthy the person is. General Principles (con) • Sometimes liability may be based upon an omission to act – 1. Statutory crimes of omission eg failing to wear a seat belt. – 2. Liability for result crimes (eg murder, manslaughter, s.18 OAPA) may be engaged for an omission but only if there is a duty to act. Omissions (con) • Essay Questions • Eg Should there be a general duty to act? 1. Requires statement of the general principle (act needed) 2. Requires discussion of reasons for and against eg promoting good community values, contra autonomy, certainty etc. YOU MUST READ YOUR TEXTBOOK for discussion points on theory questions. It is all there! Omissions (con) • Problem Questions • Eg Mountaineer leaves stricken fellow mountaineer to die on the mountain in order to save his own skin. The latter falls off the cliff trying to find way down. Dead. • Technique (Offences against the Person). • 1. Identify the harm (here death). • 2. Review Possible offences (murder or...
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...Course Syllabus College of Criminal Justice and Security CJA/354 Version 4 Criminal Law Copyright © 2012, 2011, 2010, 2009 by University of Phoenix. All rights reserved. Course Description This is an introductory course in the study of criminal law, general legal principles, and how the criminal law functions in and affects modern society. This course highlights a variety of key topics, including the concept of crime and the development of criminal law, defenses to criminal charges, and a number of specific types of crimes, including personal crimes, property crimes, public order crimes, and offenses against public morality. Legal issues affecting punishment will also be discussed, as will ways the criminal law impacts victims of crime. Policies Faculty and students will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the modality in which you attend class. If you have recently changed modalities, read the policies governing your current class modality. Course Materials Champion, D. J. (2009). Leading U.S. Supreme Court cases in criminal justice: Briefs and key terms. Upper...
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...QUESTION- 1) Bincangkan bagaimanakah pengecaman (identification) seseorang suspek boleh dibuat menurut Seksyen 9 (Akta Keterangan 1950). 2) Nyatakan juga permasalahan dan cabaran-cabaran (jika ada) yang terdapat dalam teknik pengecaman tersebut dengan merujuk kepada autoriti yang relevan. Identification of Person a)Identification by fingerprint Fingerprint Identification is the method of identification using the impressions made by the minute ridge formations or patterns found on the fingertips. No two persons have exactly the same arrangement of ridge patterns, and the patterns of any one individual remain unchanged throughout life. Fingerprints offer an infallible means of personal identification. Other personal characteristics may change, but fingerprints do not. By comparing fingerprints at the scene of a crime with the fingerprint record of suspected persons, officials can establish absolute proof of the presence or identity of a person. Fingerprint is a biometric modality that is often used in a security setting. Fingerprint databases are in use worldwide for the purposes of personal identification, border control as well as to facilitate criminal forensic investigation. Many countries have multiple fingerprint databases, with each database serving a specific purpose. In Malaysia, there are at least 4 different fingerprint databases; namely PDRM-MAFIS (Polis Di Raja Malaysia- Malaysian Automated Fingerprint Identification System), PDRM-BIOFIS (Polis...
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...February 2015 New York State Bar Examination Essay Questions © 2015 New York State Board of Law Examiners QUESTION 1 In 1995, Walt, a widower, executed a will prepared by his lawyer, Len, which contained the following dispositive provisions: 1. 2. 3. 4. 5. I give and devise my residence to my daughter, Amy. I give and bequeath my 100 shares of C Corp. to my son, Ben. I give and bequeath $100,000 to my son, Cal. I give and bequeath $100,000 to the American Red Cross. I give, devise and bequeath all of the rest, residue and remainder of my estate to my grandson, Dave. Walt signed the will at Len’s office, and at Walt’s request, Len and Walt’s son, Ben, signed as witnesses in the presence of Walt and each other after Walt acknowledged that the document was his will. In 2000, Walt duly executed a new will which expressly revoked any and all wills previously made by him. In 2001, Walt decided that he did not like the terms of the 2000 will and physically destroyed it by his own hand. Walt died last year, survived by Amy, Ben, Cal, and Dave. Dave is Walt’s only grandson and is the son of Walt’s deceased son, Ed. The 1995 will has been admitted to probate over the objections of Cal that the 1995 will had not been properly executed and that, in any event, it had been revoked. Walt’s residence has been valued at $300,000, and his 100 shares of C Corp. have been valued at $200,000. After payment of all debts, expenses and taxes, the net estate...
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...Contents Preface Acknowledgments Introduction 1 BRAIN POWER Myth #1 Most People Use Only 10% of Their Brain Power Myth #2 Some People Are Left-Brained, Others Are Right-Brained Myth #3 Extrasensory Perception (ESP) Is a Well-Established Scientific Phenomenon Myth #4 Visual Perceptions Are Accompanied by Tiny Emissions from the Eyes Myth #5 Subliminal Messages Can Persuade People to Purchase Products 2 FROM WOMB TO TOMB Myth #6 Playing Mozart’s Music to Infants Boosts Their Intelligence Myth #7 Adolescence Is Inevitably a Time of Psychological Turmoil Myth #8 Most People Experience a Midlife Crisis in | 8 Their 40s or Early 50s Myth #9 Old Age Is Typically Associated with Increased Dissatisfaction and Senility Myth #10 When Dying, People Pass through a Universal Series of Psychological Stages 3 A REMEMBRANCE OF THINGS PAST Myth #11 Human Memory Works like a Tape Recorder or Video Camera, and Accurate Events We’ve Experienced Myth #12 Hypnosis Is Useful for Retrieving Memories of Forgotten Events Myth #13 Individuals Commonly Repress the Memories of Traumatic Experiences Myth #14 Most People with Amnesia Forget All Details of Their Earlier Lives 4 TEACHING OLD DOGS NEW TRICKS Myth #15 Intelligence (IQ) Tests Are Biased against Certain Groups of People My th #16 If You’re Unsure of Your Answer When Taking a Test, It’s Best to Stick with Your Initial Hunch Myth #17 The Defining Feature of Dyslexia Is Reversing Letters Myth #18 Students Learn Best When Teaching Styles Are Matched to...
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...1/13/16 The Basics of the Legal System – Chapters 1 & 4 Sources of Law in the U.S 1. The Constitution * The U.S. Constitution is the supreme law of the land * The U.S Constitution establishes the federal government and enumerates its powers * The body of the constitution * Creates the three branches of government and grants certain powers to each branch * The amendments to the constitution * Protect individual rights by putting limitations on the governments ability to act in certain ways * Amendments protect the government, not private individuals The Legislative Branch * Created by Article 1 of the Constitution * House of Representative * Senate * Responsible for the creation of new laws * Congress is generally responsible for where the money comes from and where the money is spent * All statutes start as BILLS * Bills must be passed by both the House and the Senate * Bills that pass both houses must be signed into law by the president or.. * The president can VETO the bill * If signed by the president the Bill becomes a STATUTE 2. Statues, Codes and Ordinances * Statutes are enacted by Congress and state legislatures * Ordinances are enacted by municipalities and local government agencies * Code = Codified Law = Statute The Executive Branch * Created by Article 2 of the Constitution * President * Vice President * Cabinet Members * Responsible...
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...CRIME, PROCEDURE AND EVIDENCE IN A COMPARATIVE AND INTERNATIONAL CONTEXT This book aims to honour the work of Professor Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška’s work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška’s work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor...
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...Advance Edited Version Distr. GENERAL A/HRC/12/48 15 September 2009 Original: ENGLISH HUMAN RIGHTS COUNCIL Twelfth session Agenda item 7 HUMAN RIGHTS IN PALESTINE AND OTHER OCCUPIED ARAB TERRITORIES Report of the United Nations Fact Finding Mission on the Gaza Conflict ∗ ∗ Late submission A/HRC/12/48 page 2 Paragraphs Page EXECUTIVE SUMMARY PART ONE INTRODUCTION I. II. III. METHODOLOGY CONTEXT EVENTS OCCURRING BETWEEN THE “CEASEFIRE” OF 18 JUNE 2008 BETWEEN ISRAEL AND THE GAZA AUTHORITIES AND THE START OF ISRAEL’S MILITARY OPERATIONS IN GAZA ON 27 DECEMBER 2008 IV. APPLICABLE LAW PART TWO OCCUPIED PALESTINIAN TERRITORY: THE GAZA STRIP Section A V. VI. THE BLOCKADE: INTRODUCTION AND OVERVIEW OVERVIEW OF MILITARY OPERATIONS CONDUCTED BY ISRAEL IN GAZA BETWEEN 27 DECEMBER 2008 AND 18 JANUARY 2009 AND DATA ON CASUALTIES ATTACKS ON GOVERNMENT BUILDINGS AND POLICE VIII. OBLIGATION ON PALESTINIAN ARMED GROUPS IN GAZA TO TAKE FEASIBLE PRECAUTIONS TO PROTECT THE CIVILIAN POPULATION VII. A/HRC/12/48 page 3 IX. OBLIGATION ON ISRAEL TO TAKE FEASIBLE PRECAUTIONS TO PROTECT CIVILIAN POPULATION AND CIVILIAN OBECTS IN GAZA X. INDISCRIMINATE ATTACKS BY ISRAELI ARMED FORCES RESULTING IN THE LOSS OF LIFE AND INJURY TO CIVILIANS XI. DELIBERATE ATTACKS AGAINST THE CIVILIAN POPULATION XII. THE USE OF CERTAIN WEAPONS XIII. ATTACKS ON THE FOUNDATIONS OF CIVILIAN LIFE IN GAZA: DESTRUCTION OF INDUSTRIAL INFRASTRUCTURE, FOOD PRODUCTION, WATER INSTALLATIONS, SEWAGE...
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