...Criminal Law Notes Chapter 3-4: Corpus Delicti: 1) Act/Omission & 2) Criminal Agency Temporary Insanity does not apply in California. You must prove that you cannot understand right/wrong at the time of the act, and that you did not understand the nature/quality of the act. Must also prove insanity, otherwise you are considered sane. People who cannot commit a crime (PC 26): 1) Children under 14 2) Idiots – Mental Incapacity 3) Ignorance or mistake of fact 4) Unconsciousness of Behavior 5) Accident or Misfortune 6) Threats, Duress, Coercion 7) Self Defense 8) Insanity 9) Entrapment 10) Necessity Confession does not affect corpus delicti. However, a voluntary confession can be used to gather other information on the crime. Confession cannot be used alone to establish guilt. Idiot evaluated by low IQ score of 10-24. The 5 factors of criminal negligence are: 1) Defendant must have a legal duty, or contractual relationship, toward a person, group or society in general. 2) Defendant must know, or reasonably should know that he has a legal duty and that there is a present existing danger. 3) There must be an apparent ability upon the part of the defendant to perform the legally imposed duty. 4) It must be shown that the defendant failed to perform the duty that is legally imposed 5) It must appear that the defendants negligent act or omission was the cause of the injury sustained. Entrapment: Police induce...
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...Criminal Law/Procedure Essay 5 Dan’s Crime Solicitation Dan may have committed the crime of solicitation. The crime of solicitation is an inchoate offense. Solicitation consists of inciting, counseling, advising, another to commit a crime with the intent that the person being solicited will commit the crime. Here, according to the fact pattern, Dan informed Eric that he planned to take all of her computers. This would qualify as solicitation however, since Dan has committed other crimes arising from his solicitation, he cannot be convicted of solicitation due to merger. Accomplice Liability Dan may be held liable for accomplice liability. Accomplice liability involves a principal and accessory before the fact and an accessory after the fact. A principal is the person who commits the illegal act or who induces an innocent person to do so. An accomplice before the fact is a person who aids or encourages the principal to commit the conduct but is not present and an accessory after the fact is someone who aids the principal in escaping knowing that he has committed a felony. Here, Dan would be considered a principal since he received aid before and after the commission of the felony. Conspiracy Dan can also be guilty of conspiracy. Conspiracy is a specific intent crime. Conspiracy requires an agreement between two or more persons, an intent to enter into the agreement, and the intent by at least two persons to achieve the objective of their agreement and an overt agreement...
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...Crim 1010 24 Oct 2011 The Exclusionary Rule Everyone knows about the concept that they have the right to privacy and cannot be searched without a proper warrant. Unfortunately, many people don’t know about the exclusionary rule, which is what actually protects us from unlawful searches. With the growing problem of police misconduct, the exclusionary rule was put in place to curb this misconduct. This rule basically is what enforces the fourth amendment stating that if any evidence is obtained through an illegal search or seizure of a person or their property, it will be suppressed in court. In order for the exclusionary rule to be in effect, there are three main criteria that must be met. For starters, an officer of the law must have performed an illegal action. Next, evidence must be secured. Finally, the first two criteria must have at least a slight coincidence with each other. Even if all three of these are present, if they can’t all be proved, the exclusionary rule would be exempt. It is the defenses job to notice if this has happened and file a petition to suppress the evidence obtained. When this occurs, the prosecution must then prove them wrong. It’s kind of a “guilty until proven innocent” situation for the prosecution. There are three exceptions that the prosecution should look at when trying to prove their case. The Independent Source doctrine is the first exception. This doctrine says that if evidence is obtained...
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...THESIS: There needs to be better laws, and guidelines for questioning and interrogating suspects, to reduce the amount of false confessions which lead to wrongful convictions. BACKGOUND: In the last few years there has been a lot of news coverage of convicted people being found innocent after serving years in prison for crimes they did not commit. It can take several years and many appeals for the false confessor to have their case heard in the court system; if at all. Courts seem to have the tendency to accept the confession at face value and are reluctant to question it. I believe this happens because “law enforcement” took the confession and judges tend to believe that all rules were followed by police. I believe that if the prosecution is going to use a confession in their case, and as one of their strongest pieces of “evidence”, a hearing should be set to decide on the validity of the confession. Even when defense attorneys file motions to have them thrown out due to allegations of coercion, the courts deny the motion almost instantly, which leads to a wrongful conviction. This is the very reason new laws, and guidelines need to be implemented in regards to questioning and interrogating a suspect by police, in order to get a confession. OBJECTIVE: My intention is to show that with stricter laws and guidelines for questioning and interrogating suspects, the amount of false confessions would drop considerably, and in turn the wrongful conviction rate would drop as well...
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...streets The UK has an unwritten constitution and consists of statutes which are laws passed by Parliament. It also consists of conventions which are unwritten practices which have developed over time and common law which is developed by the courts and judges through cases. This makes the law easily amendable and flexible to changes for example the introduction of codified rights of individuals in the Human Rights Act 1998. The UK is a democracy therefore people have the right to freedom of expression and freedom of peaceful assembly, as stated in Article 10 and 11 of the European Convention of Human Rights. The exercise of these rights is necessary in a democratic society as it is in the interest of public authorities, public safety and the protection of the rights and freedom of others. The right to peacefully protest holds great importance as it demonstrates an individual’s freedom to express. However it is crucial that there is a balance between the Convention rights and the power of police to intervene. This essay will firstly address how the European Convention interacts with UK law, secondly it will discuss the rights of public authorities to intervene and lastly conclude whether the UK’s constitution provides sufficient protection for the right to protest in the streets. The ECHR was signed in 1950 in response to the injustices of WW2, the basic idea of these rights emerge from natural law, meaning there are certain things that are “wrong” or “right”. In 1998 the Human...
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...to assist those in places where it is illegal. We know that the issue is with a Senate bill that any type that involves any assisted suicide to include euthanasia or lethal injection. This bill protects assisted suicide. There are advantages with assisted suicide. Physicians that conducts assisted suicide is they give you the decision on how you should end your life. Others argue because on people’s beliefs and opinions on this controversial topic. Some do believe that it is a human right. And in the couple of states that is legal, Doctors give prescriptions of lethal dose to end their own life. Because it is not legal but two states it is not just taking one’s own life. It is when someone becomes involves with the suicide. As with any law you must do it the legal way before this is carried out. With assisted suicide affects anyone in many ways. As in the case of Brittney Maynard, she made her decision publicly and even...
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...Introduction – What is Administrative Law? Parliament & Legislatures what laws govern Parl and prov legislatures exercise of power: Constitutional division of powers sets out the spheres of legislative competence Charter further limits Parl and to an extent legislatures (notwithstanding clause) Parliamentary Sovereignty principle that Parl. is the supreme law making authority of the state; In Canada sovereignty is divided bw Parl and the prov legislatures Constitutional vs. Administrative Law Con Law is concerned w/ the rules used to determine which public institutions have the authority to make laws for the governance of society. Admin Law deals w/ the rules governing those who have been granted power. A law can be found to be constitutional and still violate the principles of admin law. Judiciary what laws govern the judiciary Statute and CL Judicial Review based on the principle of Parliamentary Sovereignty the cts have an inherent supervisory role to review the actions of ‘inferior’ public authorities. ensures legislative delegates do not exceed the limits of their defined jurisdiction is concerned with the legality of the executives actions, not the merits vests significant power in the judiciary over executive administration – interpreting legislative intent of statutes that create delegate bodies rests with the cts stirs significant controversy – more...
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...Understanding the difference between your law school experience and the California Bar Exam (CBX). A. B. The CBX is a comprehensive exam The CBX uses different testing techniques 1. Cross-over essay questions 2. Multistate Bar Exam (MBE) 3. Performance Test (PT) The CBX is a pass/fail exam: all you need is scaled 1440 out of 2000 points Relative weights in calculating final scaled score: 65% Written: 6 essays (100 points each=600 possible raw points) 39% 2 PTs (200 points each=400 possible raw points) 26% 35% MBE: 200 MBE questions=190 possible raw points (10 not graded) C. I. Develop a strategy to pass the California Bar Exam A. The substantive law - why all subjects on the CBX aren’t created equal Torts Contracts Real Prop R e m e d I e s Evidence Civil Pro Prof Resp Wills Trusts Comm Prop Con Law Crim L. & Pro Biz Associations 1. 2. 3. Essay & MBE subjects: Torts, Contracts, Real Property, Constitutional Law, Criminal Law & Procedure, Evidence Remedies Essay only subjects: Civil Procedure, Wills & Trusts, Community Property, Business Associations, Professional Responsibility B. Understanding each part of the CBX 1. 2. 3. ESSAY MBE PERFORMANCE TEST C. III. Managing the time crunch Practice, Practice, Practice CONVERTING RAW SCORES INTO SCALED SCORES Sample of a Passing Scorecard for July 2007 CBX MBE WRITTEN ESSAYS 1. 55 2. 60 3. 70 4. 65 5. 65 6. 60 Con Law Contracts Crim/Crim Pro Evidence Real Prop Torts 24 21 20...
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...Another reason is that a trial does not occur, which does not allow investigations, testimonies, and witnesses are not used as a part of the judicial process. This lets criminals get away with crimes they have committed that might be attached to the larger crime in which they might receive a great sentence, but get away with it because they are pleaded guilty to another crim. Negotiation is the key factor in which criminals are able to get out of these crimes without being tried. When a plea bargain is taken, people who are really innocent might not be given a trial because their lawyer feels they do not have a strong case and enter a plea of guilty so not to drag out a case. This puts pressure on the individual due to their lawyers feeling the case is not worth it, making the person take a guilty plea and not standing...
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...Euthanasia, Ethics and Public Policy: An Argument Against Legalisation John Keown Frontmatter More information EUTHANASIA, ETHICS AND PUBLIC POLICY An Argument against Legalisation Whether the law should permit voluntary euthanasia or physicianassisted suicide is one of the most vital questions facing all modern societies. Internationally, the main obstacle to legalisation has proved to be the objection that, even if they were morally acceptable in certain hard cases, voluntary euthanasia and physician-assisted suicide could not be effectively controlled; society would slide down a slippery slope to the killing of patients who did not make a free and informed request, or for whom palliative care would have offered an alternative. How cogent is this objection? This book provides the general reader (who need have no expertise in philosophy, law or medicine) with a lucid introduction to this central question in the debate, not least by reviewing the Dutch euthanasia experience. It will interest readers in any country, whether for or against legalisation, who wish to ensure that their opinions are better informed. john keown is Senior Lecturer in the Law and Ethics of Medicine, Faculty of Law, University of Cambridge. His previous publications include Abortion, Doctors and the Law (1988) and Euthanasia Examined (1995). © Cambridge University Press www.cambridge.org Cambridge University Press 0521804167 - Euthanasia, Ethics and Public Policy: An Argument Against Legalisation...
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...important not because these concepts are old, or even exclusively ours, but because they form the basic architecture of American Liberty. Who controls the nation’s immigration laws- Congress or Executive? Although the question seems straight forward, the historical picture is mixed, and the text of the U.S. Constitution does not point clearly to the answer. While the Constitution’s text and the various Supreme Court cases interpreting this text suggest that the federal government has the exclusive power to enact and enforce the nation’s immigration laws, state and local authorities still play an important role in regulation of immigration because they shape the conditions of daily life for immigrants in their jurisdictions. This piece of writing will in the best possible way, clearly explain who between Congress and Executive should be responsible for immigration laws and conclude that, Congress according to the U.S constitution, is and should be responsible for immigration laws using related law cases as example. Article I, Section 8, clause 4 of the Con¬stitution entrusts the federal legislative branch with the power to “establish an uniform Rule of Naturalization.” This clear textual command for uniformity establishes that the federal government, specifically Congress, is responsible for crafting the laws that determine...
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...Traditional Approaches to Horizontal Choice of Law (introduction/Class 1 = Keeton v Hustler) Keeton v Hustler Discusses procedural v substantive inquiry Mentions 5 CoL considerations: predictability; relationships among the states; simplification; forum interests; sounder rule approach I. What are we looking for in a CoL system? Examples a. Predictability [for litigants] b. Uniformity c. Ease of application d. Respect for state sovereignty (vested rights largely looks to this) e. Respect for state policy f. Justice for parties g. Party expectations h. Better law II. Domicile a. Def: includes mutual obligation between state and individual b. State of domicile at death is controlling law i. Standard: Mined + left behind → 1. Abandoned (physical travel to new domicile) + manifested intent to remain 2. Note: objective + subjective elements c. Test established in White v Tennant (WV 1888) i. Family farm extends over WV/PA borders; husband went to WV on same property to care for wife, planned on going back on the same day ii. H: PA law controls iii. Note: siblings still live in WV, may be favoring forum even though the court doesn’t seem to be….still is room to play d. Test maintained in Maksym v Board of Election Comm’rs of City of Chicago (BB…Rahm Emanuel Case) i. *Once a domicile is established, presumption that you retain it until you create a new domicile ii. Rejects interpretation of “actually lived” iii. Intent is unclear (including...
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...expanded powers through a raft of legislative amendments. It is evident that in dealing with any given circumstance that arises during the execution of their duties, officers may rely on both the common law and statutory powers to give effect to powers such as a warrantless arrest. In context of this power, the common law concept of the breach of peace deserves particular attention due to the dangers of misuse or abuse in its interpretation by the police. This paper will discuss how the common law and the Law Enforcement (Powers and Responsibilities) Act (2002) (LEPRA) give lawful effect to arrest and other various powers against offences connected to a breach of the peace. Finally, it will assess whether there is any practical desirability and utility of codifying such a power. This will be achieved by critically evaluating whether the current state of the law with respect to police discretionary powers effectively prescribes a balance between the law enforcement culture and the continuing maintenance of civil rights and liberties. In doing so, it will conclude by examining the consequences and implications of codification. Development of ‘breach of the peace’ The breach of the peace is one of the earliest offences in common law whose provenance can be found through English law in the sanctity of the home unit where ‘every man was entitled to peace in his own house.’ However it was the King’s peace that gradually enveloped the lands, and thus any breach of peace was a breach...
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...S (SE M)29 CORE COURSE 101 L aw of T ort i ncludi ng MV A cci dent And C on sum er Pr ot ecti on Law s 4 1 5 5 CORE COURSE 102 Crim in al Law P aper – I (General P rinci pl es of P en al Law ) 4 1 5 5 4 1 5 5 4 1 5 5 4 1 5 5 1 1 2 2 1 1 2 2 CORE COURSE 103 CORE COURSE 104 CORE COURSE 105 FOUNDATIO N 106 F SOFT S KILL 107 K Crim in al Law P aper – II (S pec ific Off enc es) L aw of C ont ract S peci al C ontr act C on sti tuti on al Hist ory of I ndi a Use of Law J ournal s and L egal S oftw ar e 1 Semester – I Monsoon Semester CORE CO URSE 101 : LAW OF TO RT I NCLUDI NG M V ACCI DENT AND CO NS UM ER P ROTECTION LAWS Objectives of the Course : Wit h rap id industrializat ion, to rt actio n came to u sed again st manu factu rers and industrial un it fo r p roducts injurious to human beings. Present ly the emphas is is o n extend ing th e principles no t only to acts, which are h armfu l, bu t also to failu re to co mply with stand ards that are continuously chang ing due to ad vancement in sc ience and techno lo gy. Product liab ilit y is no w assuming a new d imension in deve lo ped economics . In mo dern era o f consu mer co ncern o f goo ds and servic es, the law o f to rts has an added sign ificance with this fo rage into the eme rging law o f consu mer p rotection. It operates in disputes relat ing to the qualit y o f go ods supp lied...
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...A CRITICAL ANALYSIS OF CHARACTER EVIDENCE IN NIGERIA BY MADUBUIKE CHIKEZIE OBINNA 05/61313 BEING A COMPULSORY RESEARCH PROJECT SUBMITTED TO THE FACULTY OF LAW, ABIA STATE UNIVERSITY, UTURU IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE AWARD OF BACHELOR OF LAW (LL.B) DEGREE OCTOBER, 2010. CERTIFICATION I, MADUBUIKE CHIKEZIE OBINNA of the Faculty of Law Abia State University hereby certify that this project work was carried out under the supervision of Barr. A.S AMARAMIRO. Supervisor’s Signature. | Date. | Student’s Signature. | Date. | DEDICATION This work is dedicated to The Almighty God who helped me study under Grace. ACKNOWLEDGEMENTS Good works are often the product of cross fertilization of ideas and sincere support of resource persons. Accordingly, I give my unalloyed thanks to my creator, God the Almighty, the spring of all knowledge, my Ebenezar. I am profoundly grateful to my efficient, diligent and understanding supervisor Barrister A.S Amaramiro whose love, guidance, critical remarks and suggestions were very insightful. I will forever remain sincerely grateful. Specially, I remain highly indebted to my parents Elder and Mrs. O.C Madubuike for their love, moral, spiritual and financial encouragement since I was born. They are my engine room. My gratitude also goes to my siblings: Oluchi, Emeka, chinonso, kelechukwu and ugochukwu. They cannot be thanked enough for their love and support...
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