...The international criminal law entails criminal responsibility of individuals for the commission of criminal acts involving grave breaches of fundamental rights. The international legal system experienced renaissance of ideas, starting from the establishment of Nuremberg and Tokyo tribunals, which established individual criminal responsibility for the massive violations of human rights and breaches of the laws of armed conflicts. As mentioned in the Nuremberg judgement: ‘crimes against international law are committed by men, not abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law be enforced... Individuals have international duties which transcend the national obligations of obedience...
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...The Warren Court left an unprecedented legacy of judicial activism in the area of civil rights law as well as in the area of civil liberties—specifically, the rights of the accused as addressed in Amendments 4 through 8. In the period from 1961 to 1969, the Warren Court examined almost every aspect of the criminal justice system in the United States, using the 14th Amendment to extend constitutional protections to all courts in every State. This process became known as the “nationalization” of the Bill of Rights. During those years, cases concerning the right to legal counsel, confessions, searches, and the treatment of juvenile criminals all appeared on the Court's docket. The Warren Court's began with the case of Mapp v. Ohio, which was the first of several significant cases that re-evaluated the role of the 14th Amendment as it applied to state judicial systems. In a 6-3 decision, the Court overturne the conviction, and five justices found that the States were bound to exclude evidence seized in violation of the 4th Amendment. The 4th Amendment sets the standards for searches and seizures by law enforcement officials in the United States, the Court noted, and the 14th Amendment requires judges to uphold those standards in every State. Evidence gained by an illegal search became inadmissible in State courts as a result of the decision. The “Mapp Rule” has since been modified, so the exclusionary rule is no longer as absolute as when first handed down in Mapp. Critics of...
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...women were considered as the oppressed section of the society and they were neglected for centuries. Thus, the first task in post- independent India was to provide a constitution to the people which would not make any distinction on the basis of sex. Article 14 of the Indian Constitution declares that equality before law and equal protection of law shall be available to all. Similarly, Article 15 of the Indian Constitution says that there shall be no discrimination against any citizen on the grounds of sex. Further, Article 15(1) guarantees equality of opportunity for all citizens in matters relating to employment. Article 15(3) provides that the state can make special provision for women and children. In Union of India v. K.P.Prabhakaran,1997,11SCC 638, where Supreme Court held reservation of certain posts exclusively for women is valid under article 15(3), article covers every sphere of state action. Besides, Directive Principles of State Policy which concern women directly and have a special bearing on their status include Article 39(a) right to an adequate means for livelihood. Article 39-A of the Constitution provides equal justice and free legal aid. The state shall ensure that the operation of the legal system promotes justice on a basis of equal opportunity and shall in particular provide free legal aid by appropriate legislation or schemes or in any other way to ensure the existence of opportunities for securing justice....
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...Still If a crime is committed the police are called to the scene to investigate, make a report and possibly an arrest. The role of a Police Officer is to serve and protect the community when a crime has or is being committed. The police are usually the first person to respond to the call. “The duty of a police officer is to enforce the law, investigate the crime that has been committed, apprehend the offender, reduce and prevent crime from occurring, maintain public order, ensure community safety, provide emergency and related community services and protect fundamental rights and freedoms of individuals.” (Schmalleger, F., 2012, chapter 1 page 10). Once the officer has investigated and talked to all witness present at the scene of the crime, the officer will make an arrest if there is probable cause. Once the criminal is arrested, he or she is taken into custody and sent to booking to be processed and finger printed. He will then be placed in a holding facility until an arraignment date. Police officers are involved in the investigative stage of a criminal defendant after a crime has been committed and before the defendant is proven guilty of any crime. A District Attorney is an elected or appointed official of a designated district whose duties are governed by state law. The District Attorney reviews the case to determine whether a person should be charged with the crime. After the case has been reviewed, the District Attorney files a complaint against the defendant...
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...Preamble, Fundamental Rights, Fundamental Duties and Directive Principles. The Constitution not only grants equality to women, but also empowers the State to adopt measures of positive discrimination in favour of women. Within the framework of a democratic polity, our laws, development policies, Plans and programmes have aimed at women’s advancement in different spheres. India has also ratified various international conventions and human rights instruments committing to secure equal rights of women. Key among them is the ratification of the Convention on Elimination of All Forms of Discrimination Against Women (CEDAW) in 1993. 1. CONSTITUTIONAL PROVISIONS The Constitution of India not only grants equality to women but also empowers the State to adopt measures of positive discrimination in favour of women for neutralizing the cumulative socio economic, education and political disadvantages faced by them. Fundamental Rights, among others, ensure equality before the law and equal protection of law; prohibits discrimination against any citizen on grounds of religion, race, caste, sex or place of birth, and guarantee equality of opportunity to all citizens in matters relating to employment. Articles 14, 15, 15(3), 16, 39(a), 39(b), 39(c) and 42 of the Constitution are of specific importance in this regard. Constitutional Privileges (i) Equality before law for women (Article 14) ii) The State not to discriminate against any citizen...
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...Kevin May Criminal Law Exam part B 08/17/2014 kevinmay1911@gmail.com In criminal law, there are two types of crimes, misdemeanors and felonies. However, within those two groups, there are several varieties of crimes such as crimes against people and crimes against property. Within the several variety of crimes, there are legal defenses to go with them. Criminal law is a simple concept, however, it has multiple complex elements that go with every concept. In this paper, I will be discussing the different aspects of the law covered in our criminal law course, and how it all comes together to impact the individuals and organizations (e.g. businesses and institutions) in society. In order for criminals to commit a crime, they must have intent....
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...The United State Constitution CJ 310-02 Criminal Law April 7, 2011 In Criminal law, there is an ancient proposition saying,” no crime without law, no punishment without law. That in criminal law is based on the principle of legality. The ancient saying means that no one can be convicted or punished, unless there is a law that defines it’s as a crime. The case of Treva Hughes, Ms Hughes was driving while under the influence. She ran into Ms. Reesa Poole and killing her unborn child and was convicted. The Appeals Court reversed her conviction because the law didn’t give Ms. Hughes fair warning that it included the unborn in homicide stature. An Ex Post Facto Laws criminalizes an act that was innocent when it was committed. It is the clearest example of ex post facto laws, they’re also the rarest. Ex Post Facto also increases the punishment for a crime after the crime was committed. Just as clear an rare like the first one. An example is raising the age of statutory rape form 16 to 21. Finally it takes away a defense that was available to a defendant when the crime was committed. The Ex Post Facto ban is protect private individuals by ensuring that legislature give them a fair warning about criminal and that they can rely on that requirement. The other purpose is to prevent legislators form passing arbitrary and vindictive laws. The Void-for-Vagueness Doctrine takes aim similar to the ban on ex post facto. Void laws fails to give fair warning to individuals...
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...I. INTRODUCTION The main instruments of International Humanitarian Law (hereafter referred to as IHL) are the four Geneva Conventions of 12 August 19491 for the protection of war victims. These treaties which are universally accepted, protect the wounded, the sick, prisoners of war and civilians in enemy hands. They also protect medical services personnel such as medical personnel, medical units and establishments, and medical means of transport. As a matter of fact this kind of concern for the humanitarian aspect can be found in our ancient epics like the Mahabharata, where the rules of conduct of war as to the timing of attack and the prohibition attacking the unarmed were strictly laid down. The laws of Manu, a compilation of encyclopedic scope, which the British Professor Duncan M. Derrett a known authority on Hindu Law describes as a text "which constitutes India's greatest achievement in the field of jurisprudence" and regards this work as one of the world's premier compositions in ancient law, more valuable in every sense than Hammurabi and able to hold its own in comparison to the covenant and Priestly codes of Moses2 . Manu, while describing the duties of a King, warns against unusual cruelty even against an enemy in warfare, and has this to say, "fighting in a battle, he should not kill his enemies with weapons that are concealed, barbed, or smeared with poison or whose points blaze with fire. He should not kill anyone who has climbed on a...
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...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 International Conventions / Instruments on Torture 30 6.1.1. International...
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...Assignment of 1 Year MBA – Semester – 2 Subject: International Law What are your perceptions on the Universal Declaration of Human Rights? Would you like to amend any of the articles or add a new article to the declaration? ‘CRIME AGAINST THE HUMANITY’, means that the acts of persecution or any large-scale atrocities against a body of people, as being the criminal offense above all others. Human rights are international norms that help to protect all people everywhere from severe political, legal and social abuses. The right to freedom of religion, the right to a fair trial when charged with crime, the right not to be tortured, and the right to engage in political activity are the fundamental human rights. The rights exist in morality and in law at the national and international levels. The main sources of the contemporary conception of human rights are the Universal declaration of Human rights, the treaties that followed in international organizations such as the United Nations, the Council of Europe, the Organization of American States, and the African Union. The Universal Declaration of Human Rights sets out number of human rights that countries should respect and protect, which are normally divided into six. They are Security rights that protect people against abuses of the legal system such as imprisonment without trial, secret trials and excessive punishments, liberty, rights that protect the liberty...
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...Criminal Law I BBA and LLB, IE University 29th January 2016 1. A commonly accepted definition of a crime is that it is any act or omission, which results in a punishment. Under this definition, public gum-chewing would become a crime as soon as the Parliament passed the law in question. Since this crime is a minor criminal act, it would be classified as a misdemeanor and not as a felony. 2. Since most of crimes fall into either a category of property crimes or violent crimes, we can intuitively understand why law prohibits certain acts. They represent danger for the public, as they can result in injury or damage. A crime of chewing a gum in a public place can be hardly justified with the same logic. The act is not particularly dangerous and, at worst, it can annoy other people (yet, society could not function properly if all irritating actions would be classified as crimes). A purpose of legislators could be keeping streets cleaner – many chew gums are spitted on the floor – but in that case, littering itself should be punishable, not merely the act of chewing. 3. Members of Parliament are elected in order to make new legislation, which can cover virtually any matter, as long as the law complies with the Spanish Constitution. However, decisions of the Parliament are democratically legitimate only if they reflect the will and opinion of the majority of population (in this case, it is hard to see why public would believe that public gum-chewing is a crime). 4....
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...animal set laws, rules and regulations which can enable them to maintain the smooth running of their associations and/or states. Members of a given society, however, may violate the law because of political, religious and ideological interests while others can act against it to satisfy their material and emotional needs. In this case, the state has the responsibility and the legal authority to punish the criminal or groups of criminals based on the given law. The punishment of the criminals may vary from simple fines and imprisonment to sever torture and the deprivation of life. Capital punishment or the death penalty has existed as part of the human justice system since ancient times. In these earlier periods people were sentenced to death as a punishment for crimes considered as first degree offenses by the state. These crimes were most of the time political as well as religious and the method of execution, in addition to different brutal ways, was mainly beheading. With additional types of crimes resulting in capital punishment and more sophisticated methods of execution, the death penalty has continued to be practiced in the 21st century. However, capital punishment, especially after the Universal Declaration of Human Rights in 1948, has became an issue of greater debate among states, human right organizations and other nongovernmental organizations. Since 1948, the number of countries employing death penalty is decreasing and currently nearly half of the states in our world...
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...Criminal Justice Trends evaluation Marion Wade CJA/394 Criminal Justice Trends evaluation It is important for us to understand past, current, and future trends throughout the criminal justice system. Trends allow us to identify areas that need to be addressed so we may be equipped to handle them better. Society depends of the criminal justice system in many ways to offer them a sense of justice, safety, and peace of mind. Within this paper I will discuss past, current, and future trends and how it affects and changes our criminal justice system. I will also address recent and future trends and contemporary issues that affect the criminal justice system, as well as the values of the criminal justice system in a changing society. Past Trends Even though to most it may not seem like it, the criminal justice system has come a long way in its dealings with the public. In the past the criminal justice system was viewed as a faceless machine that acted independently of the areas it charged to look after. It seemed that it was better to stay detached from the public in order to remain biased in their judgment and to keep their professional appearance. By studying past trends we not only were able to see trends in criminal behavior as well as having the ability to try and create possible projections on why it could lead but, we were also able to view the interaction between the criminal justice system and those it served. Both the criminal justice system and the general public...
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...CONTENTS Page No. 1. 2. 3. Introduction Meaning of Crime/Violence against Women Constitutional and Legal Provisions for Women 4. Constitutional Provision Legal Provisions 1 1 2 2 3 4 4 7 9 13 14 15 16 17 19 Classification Crime Against Women Crimes under Indian Penal Code Crimes under Special and Local Laws Reported Incidents of Crime Crime Against Women in Cities 5. 6. 7. 8. 9. International Initiatives to Curb Gender Violence National Initiatives to Curb Gender Violence Verma Committee Report Conclusion Annexures Crime Against Women 1. INTRODUCTION In the ancient Indian women held a high place of respect in the society as mentioned in Rigveda and other scriptures. Volumes can be written about the status of our women and their heroic deeds from the vedic period to the modern times. But later on, because of social, political and economic changes, women lost their status and were relegated to the background. Many evil customs and traditions stepped in which enslaved the women and tied them to the boundaries of the house1. The official statistics showed a declining sex-ratio, health status, literacy rate, work participation rate and political participation among women. While on the other hand the spread of social evils like dowry deaths, child marriage, domestic violence, rape, sexual harassment, exploitation of women workers are rampant in different parts of India. Humiliation, rape, kidnapping, molestation, dowry death, torture, wife-beating etc. have grown...
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...commercial speech (advertising). -Restrictions must: Implement substantial government interest; directly advance that interest; and go no further than necessary. EX. Bad Frog Brewery, Inc. v. New York Liquor Authority= their logo of the frog flipping people off was denied so the company sued and won because their logo is only put in bars, alcohol sections in stores, etc. • Due Process (procedural and substantive); Fifth and Fourteenth Amendments provide “no person shall be deprived of life, liberty or property without due process of law.”; (Procedural) -Procedures depriving an individual of her rights must be fair and equitable. -Constitution requires adequate notice and a fair and impartial hearing before a disinterested magistrate. (Substantive) -Focuses on content or substance of legislation. -Laws limiting fundamental rights (speech, privacy, religion) must have a “compelling state interest.” -Laws limiting non-fundamental rights require a “rational basis.” • Supremacy Clause; The requirement in Article VI of the U.S....
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