...Research Paper When you look at the different states, the majority of them have the same laws for age of consent, but a few of them are different. The purpose of me researching this is because I have family members that is a Defendant of statutory rape, but in reality he is the victim. I believe he is the victim because he is the one having to sit in prison and waste his life away because of the laws in Washington State, while the Victim is out living her life and not being affected at all. The legal definition of statutory rape is: “Statutory rape generally refers to sex with a person who is under an age specified by statute. At this point, most state laws call it something else.” This particular case was reported on the twentieth day of the second month in the year of 2008. He was sentenced on the seventeenth day of the third month in the year of 2008, almost a month after sitting in the county jail. He was charged with Rape of a Child Second Degree, in Washington state this means, “A person is guilty of rape of a child in the second degree when the person has sexual intercourse with another who is at least twelve years old but less than fourteen years old and not married to the perpetrator and the perpetrator is at least thirty-six months older than the victim.” If you look at both sides of the case (Victim vs. Defendant) you might ask your self, “How does this case affect both the victim and their (in this case a girl) family, and the defendant and their (in this case...
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...considered crimes against the person. The crime I have chosen to research is assault and sexual assault. English law provides for two offences of assault: common assault and battery. Assault is committed if one intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence. Violence in this context means any unlawful touching, though there is some debate over whether the touching must also be hostile. Confusingly, the terms "assault" and "common assault" often encompass the separate offence of battery, even in statutory settings such as the Criminal Justice Act 1988. A common assault is an assault that lacks any of the aggravating features which Parliament has deemed serious enough to deserve a higher penalty. Section 39 of the Criminal Justice Act 1988 provides that common assault, like battery, is triable only in the magistrates' court in England and Wales (unless it is linked to a more serious offence, which is triable in the Crown Court). Additionally, if a Defendant has been charged on an indictment with assault occasioning actual bodily harm or racially/religiously aggravated assault, then a jury in the Crown Court may acquit the Defendant of the more serious offence, but still convict of common assault if it finds common assault has been committed. Rape was an offence under the common law of England and was classified as a felony. The common law defined rape as "the carnal knowledge of a woman forcibly and against her will...
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...TermPaperWarehouse.com - Free Term Papers, Essays and Research DocumentsThe Research Paper Factory"">JoinSearchBrowseSaved Papers"">Home Page » Business and Management Court Observation In: Business and Management Court Observation Court Observation On Monday I visited the District Court. This was my second attempt at visiting a court room; on my first trip I was told the judge did not have a docket for that day. A docket is defined as a calendar of cases awaiting action in a court. Jurisdiction is what gives the courts the power to hear and apply the law to certain types of cases. District Court has original jurisdiction for the following actions; all Traffic and Ordinance violations, all criminal misdemeanors, preliminary exams on felonies, small claims suits, civil lawsuits (amounts up to $25,000), and all contract disputes between tenants and landlords. When I arrived there were a lot of people waiting and I noticed signs posted on the court room doors that stated "Do not to enter until your name is called". Although I know court rooms are generally open to the public, I did not want to be intrusive so I waited patiently in the Traffic/Cashier line hoping someone would be able to assist me. Soon, someone escorted me into the court room. I looked around and tried to get familiar with the surrounding seeing as how this was my first time being in a court room. I quickly learned that the docket schedule to be heard were criminal and traffic cases. There were...
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...Problems With The Law on Rape in Nigeria By Aloy Ojilere,* Introduction The law relating to rape in Nigeria is rarely discussed even though rape occurs very often and is considered as the most dehumanizing act that can be done on a woman or girl.1 The opinion has also been held that "Nigerian female victims of rape are rater punished by the laws that be and stigmatized by society instead of being rendered justice to and protected.2 This paper will examine the laws relating to rape and/or governing rape trials in Nigeria, to wit: the Penal Code and Criminal Code and the Evidence Act, to underscore the meaning, elements, defences and application of the offence of rape in Nigeria and determine their sufficiency and/or insufficiency with regards to victim protection. Accordingly, the paper will access and overhaul the statutory definition of rape, the common law presumption as to the age of a person who may commit the offence, the requirement for corroboration of evidence of a rape victim/survivor and the issue of consent as a defence to rape. The gender insensitive nature of the law on rape in Nigeria which constitutes a discrimination against men (by defining rape as an offence which can only be committed by a male) will also be highlighted. Suggestions will also be made for legislative review or upgrade of the law on rape in Nigeria in line with what obtains in some other jurisdictions. 1.0 Meaning of Rape Rape is a specific sexual...
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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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...Shon Fortner Moral Minima SOC 120 Introduction to Ethics & Social Responsibility Instructor Alicia Brown July, 01, 2013 Some Moral Minima The purpose of this essay is to inform you of my beliefs about an author named Lenn Goodman, who wrote a journal, called In “Some Moral Minima. This essay will explain his remarks about when he states and argues that there are certain things that are simply wrong. And I will explain my reason for if I agree with him or not. I will also share with you the challenges of the explore of Goodman presents to relativism, and which will determine whether I think there are such universal moral requirements. When reading Lenn Goodman journal I have to strongly (agree/disagree?) with him when he argues about that there are certain things that are simply wrong. There are so many things that goes on in this world that are just simply wrong like for example, raping, killing, discrimination, abuse, the justice system and so on. Goodman also discusses that every person whether they are man, woman, or child has the right to live and to be free from any and all inhumane treatments. In my opinion it's just wrong to act upon certain crimes and then also if you are accused of the crime you may or may not get the proper conviction time that should be granted to you. These issues are not just going to simply go away, we are born into sin so the wrongful things that we have done are in us, you simply don’t have to make...
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...Serena Manfredy Probation & Parole Research Paper: Supervision of Sex Offenders Sex offenders are a highly diverse group of people, but all are individuals who have at least one of the following crimes in common: have committed violent sexual assault on a stranger, have had inappropriate sexual contact with a family member, have molested a child or any other inappropriate and criminal sexual behavior. What constitutes a sex crime differs by culture and legal jurisdiction. The majority of convicted sex offenders have convictions for crimes of a sexual nature. Some of the crimes which usually result in a mandatory sex-offender classification are sexual assault, statutory rape, rape, sexual harassment, prostitution, and pedophilia. Currently, in the United States there are a total of 722, 499 individuals who are registered sex offenders, some of these individuals being juveniles. However, this number does not include offenses that have not been reported. Research shows that a lot of cases go unreported which can deem inaccurate numbers regarding the amount of sex offenders. Victims of sexual offenses often feel a plethora of negative feelings following the crime, including guilt, and this can account for some of the underreporting. There are subcategory designations sex offenders can fall into that classify them into levels depending on the severity of the crime. They are then registered and put under special conditions they must abide by for...
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...12/10/2013 Lecturer’s name: | Student’s name: | Course name and num: | Domestic Violence: Annotated Bibliography | Course name and num: | Domestic Violence: Annotated Bibliography | American Bar Association (ABA), (2003), “American Bar Association Commission on Domestic Violence.” Retrieved from: http://www.abanet.org/domviol/stats.html This specific reference is employed to enhance the legal consideration of the topic that is domestic violence. The mission of that specific body is to enhance the access to the justice regarding the victims of the violence like domestic violence, sexual violence, along with stalking relative to the legal profession. The authority states many of the information on the literature relating to seductive companion assault revolve all around the technique of prevention as well as causation. To start with, with regards to the problem connected with girls as offenders connected with seductive companion assault, this literature discussed ways in which these girls end up in that place. One locating displays any path leading through victimization for you to incarceration. The reference is aligned with the study under discussion for the reason that it specifically deals with the issue of domestic violence and provide handful of knowledge regarding that particular issue from a broader perspective. Arbetman, P. Lee, McMahon, T. Edward, Edward L. O’Brien., (1994), “Street Law: A Course in Practical Law”, 5th Edition. West Publishing Company. Street...
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...Fiorella Gomez-Sanchez Monday 1 – 5 Class Research Paper Bullied to Death Bullying has become an epidemic that due to technology has spread profusely during the last couple years, causing fear, severe depression, and even death. Bullying is something that has existed throughout the years, but the recent violent cases that have surfaced due to the consequences of this; is something that cannot be ignored. Such consequences include the suicide of many innocent teens as well as the acts of revenge in cases such as the Columbine shooting misfortune. The big question is, with all these tragic events taking place, who do we hold responsible? Should these students be held responsible for their actions, should the school be held responsible for not taking action and dealing with the problem from the beginning? It is more than apparent that action must be taken in order to stop this hateful violence. Dr. Olweus, PhD, of Norway, describes bullying as “repeated negative, ill-intentioned behavior by one or more students directed against a student who has difficulty defending himself or herself. Most bullying occurs without any apparent provocation on the part of the student who is exposed. (Olweus)” The praying begins at a very young age; it can even begin in kindergarten or first grade, but the bigger targets are in middle school and high school. Usually it is for minimal reasons such as, having an accent, not dressing or looking like “others”, not being from a wealthy family,...
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...of Dhaka Date: 03-07-2012 Date: 03.07.2012 Barrister M. Zillur Rahman Course Teacher Legal Environment of Business (L-501) Institute of Business Administration University of Dhaka Dear Sir: Subject: SUBMISSION OF GROUP TERM PAPER Here is the report on “An Overview of Bangladesh Legal System with Special Reference to Criminal Justice Administration System”. This report mainly gives an overview of the legal system of Bangladesh and its history. The report gives special focus on the criminal procedures and systems used in Bangladesh. Moreover, the report also analyses two real life criminal cases with the help from the theories and techniques learned from the Legal Environment of Business Course. We would like to thank our Course teacher Mr. Zillur Rahman for giving us the support and opportunity to write this report. It has been an honor and a privilege. Sincerely Yours, ________________ Apon Das (Roll 03) __________________________ Rahman Saihad Shahid (Roll 06) Contents Executive Summary vii 1.0 Introduction 1 1.1 Authorization 1 1.2 Problem and Purpose 1 1.3 Objectives 1 1.4 Literature Review 2 1.5 Methodology 4 1.6 Scope 4 1.7 Limitation 4 1.8 Report Organization 5 2.0 Research Findings 6 2.1 Definition of Law: 6 2.2 Overview of the Bangladesh Legal System 6 2.2.1 Sources of Law 7 2.2.2 Law of Bangladesh: 7 2.2.3 Rules of Law 9 2.2.4 Judiciary System of Bangladesh 9 2.2.5...
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...Gun Control Debate Paper Today in the United States gun control is a topic of immense debate, because of the shooting that took place at Sandy Hook Elementary located in Newtown, Connecticut. This most recent tragic event ended the lives of 20 students and six adults. Similar events have occurred across the United States at a movie theater in Colorado, on college campuses in Texas and Virginia, or at the grocery store in Arizona each destroying families in many communities. The questions deserving consideration is have the American people had enough lives destroyed by these horrible events and are Americans ready for the federal government to impose stricter gun control laws. Learning Team C is for stricter gun control laws and will outline their thoughts in this debate paper. Current Gun Laws For numerous Americans, bearing arms is one of the important inalienable rights that each individual possess. This association originated during the period of American frontier history, where guns were vital in the expansion of the society moving westward. These settlers relied on guns to guard themselves from others that would cause them harm, vicious animal attacks as well as hunting for food. In rural states, developing shooting and survival skills is a ‘rite of passage’ before entering manhood. Currently, in metropolitan cities young men still use firearms as a means to gain acceptance, respect, and to prove their manhood. During the past few decades several gun control...
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...LONG-TERM PAPER ON: Amnesty International and its Working GUIDED BY: SUBMITTED BY: Dr. Bindale Vishakha Sharma ROLL NO.:A-29 Abstract: Amnesty International, commonly known as Amnesty or AI, is a non-profit, Non-governmental organisation (NGO), which focuses on Human Rights (HR) with over 7 million supporters and followers around the world. In the history of International Human Rights, Amnesty has the broadest name recognition and is believed by many to set standards for the movement as a whole. This paper deals with the working of Amnesty International and its recent contribution to Human Rights with a special reference to its working in India and its 2015-16 annual report. Introduction: Amnesty International (Amnesty or AI) is a non-governmental organisation which draws attention to human rights abuses and campaigns for compliance with international laws and standards. Amnesty has the broadest name recognition and is believed by many to set standards for the movement as a whole. It works by mobilising public opinion to put pressure on governments which let abuse or injustice take place. It has around 7 million members and supporters around the world. Motto : “It is better to light a candle than to curse the darkness.” Objective : “to conduct research and generate...
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...PUNJAB, PATIALA CUSTODIAL TORTURE: VIOLATION OF HUMAN RIGHTS SUPERVISED BY: SUBMITTED BY: Ms. Sangeeta Taak Rajiv Gandhi National University of Law Patiala (Punjab) PROJECT SUBMITTED IN THE PARTIAL FULFILMENT OF REQUIREMENTS OF THE SUBJECT OF CRIMINAL LAW FOR EIGHTH SEMESTER, B.A.LL.B (HONS.) COURSE SURBHI MEHTA Assistant Professor of Law (Roll No. 581) TABLE OF CONTENTS CHAPTER 1: INTRODUCTION 1 1.1. Objectives 2 1.2. Research Methodology 2 1.3. Hypothesis 2 1.4. Definitions 3 1.4.1. Police 3 1.4.2. Torture 4 CHAPTER 2: HISTORICAL BACKGROUND 6 CHAPTER 3: CUSTODIAL TORTURE AND RELATED DIMENSIONS 10 3.1. Categories 10 3.1.1. Physical torture 10 3.1.2. Custodial Death 12 3.1.3. Custodial Rape 13 3.2. Causes 14 3.2.1. Structural 14 3.2.2. Other Causes 15 3.3. Consequences 16 3.3.1. Physical Consequences 16 3.3.2. Psychological Consequences 16 3.3.3. Economic Consequences 16 3.3.4. Social Consequences 16 CHAPTER 4: LEGISLATIVE PROVISIONS 17 4.1. The Constitution of India, 1950 17 4.2. The Criminal Procedure Code, 1973 18 4.3. Indian Evidence Act, 1872 19 4.4. Protection of Human Rights Act, 1993 20 4.4.1. The National Human Rights Commission 20 CHAPTER 5: JUDICIAL PRONOUNCEMENTS 22 5.1. Monetary Compensation and Judicial Response 25 5.2. Judgements Awarding Compensation 27 5.3. Judgments Awarding Punishment 28 CHAPTER 6: INTERNATIONAL PROTECTION AGAINST TORTURE 29 6.1. Major...
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...civilization, shoulder to shoulder with men, History witnesses that in a male dominated society women have stood up in their relentless crusade against the humiliation, oppression, and torture to establish their position, power, and individuality because of this crusade, society and civilization has blossomed and undergone a progressive change. The term sexual harassment “as a legal concept” gained meaningful application in the United States only in the mid- 1970s when the US courts held it to be a form of sex discrimination prohibited under the title VII of the Civil Rights Act of 1964. In India, the term sexual harassment was first defined in a formal legal sense in the year 1997 by Supreme Court in Vishakha v. State of Rajasthan. This research paper has outlined the potential application of new and creative approaches for addressing sexual harassment in the workplace. Specifically this...
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...PRINCIPLES OF SENTENCING: TOWARDS A EUROPEAN CONVERSATION Paper delivered at Conference on “The Limits of the Criminal Law” at Leiden University, January 23, 2008 and subsequently published in Cupido (ed), Limits of Criminal Law (Nijmegen, 2008).[1] Tom O’Malley Senior Lecturer in Law National University of Ireland Galway First, I would like to extend my warmest congratulations to the students of Leiden Law School for having organised this conference. Thanks to their vision and energy, representatives from several European countries have gathered in this historic venue to discuss some key aspects of criminal law and criminal procedure. More often than not, we think of European law solely in terms of European Union law, the jurisprudence of the European Court of Human Rights or both. Needless to say, the study of European law even in this limited sense is of the highest importance given its impact on our national legal systems and our daily lives. However, growing levels of legal and political integration now demand that we broaden our vision of European law to encompass the domestic legal systems of individual European states. Some work has already begun in this regard,[2] but it is only on rare occasions such as this that we can engage in a meaningful exchange of ideas and information on areas of common concern. Criminal justice is a most appropriate and worthy topic with which to begin. In times past, sentencing would not have featured very prominently...
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