...Crime Law – A critical Thinking Paper Mikes intoxication can be used by the defense by arguing out that the intoxication affected Mike’s ability to make a rational decision to react to his stir. As such, Mike did not have the mens rea of stabbing Sam in the abdomen since he was not in his correct form state of reasoning. For an act to be regarded as a crime under the principle of manifest criminality it has to be a voluntary act It requires the contraction of muscles be willed. A person is not guilty of an offence unless liability is based on conduct that includes a voluntary act. Non voluntary act includes reflexes, movements while in one’s sleep and during unconsciousness or actions under hypnosis. Another category of involuntary acts is any bodily movement that is otherwise not a product of the effort or determination of the actor either consciously or habitually. Thus, Mikes defense can argue out that Mike was not in his full conscious state when stabbing Sam since his mental state had been altered by Sam’s lie and was as such under some form of hypnosis. To add onto that, he was also intoxicated and this further compromised his thinking. Charlie can claim that he was hypnotized and scared at the thought of the lunatic grim reaper taking his life away from him. According to the principle of manifest criminality, a person is not guilty of a crime if the act he committed was a result of an unconscious decision. For this case, Charlie was fully convinced that he was being trailed...
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...History of the state prison The state prisons today were founded on the basis of the 1700s to 1800’s during the Age of Enlightenment. The English correctional facility referred to as a “gaol,” commonly known as a jail. They housed men, women, children, the mentally ill along with the civil and criminals. The individuals suffered from idleness, diseases, despair and malnutrition. The gaols were maintained by local authorities, classification did not exist, and the purpose of gaol was to detain or hold people for court (Foster, 2003). The “Department of Corrections,” houses all adult felons throughout the state. The adult felons include those on probation as well as on parole, including juveniles who are on a work release program, in halfway house facilities, group homes, training schools, or from a special facility. The state operates jails and juvenile detention facilities holding pretrial prisoners in smaller populations and promotes “Community Corrections Act.” This approach combines state, local and private correctional agencies with a non-secure correction service. History of federal prison, (describe and analyze both systems) Prisons today are maximum security prisons. Federal prisons confining individuals convicted of a federal offense such as drug smuggling across state lines or non-payment of taxes. These prisons are operated [Passive voice] by the Department of Justice and within the system are layers of correctional institutions for gender segregation and...
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...Crime and Its Relationship to Law Mitch Jones CJA/204 INTRODUCTION TO CRIMINAL JUSTICE 6/3/2014 James Smith Crime and Its Relationship to Law Crime is conduct in violation of the criminal laws of a federal government, state regulation, or local jurisdiction for which there is no legal justification or excuse. Crime has been around since the beginning of human civilization, from when one caveman bashed another caveman for any reason, originally crime was any action deemed immoral or against the decisions of a collection of people, which usually included the elders. Since then laws have been written to define criminal activity, as well as, the attempt to keep said crimes and criminal activity away from the good citizens of any given civilization. Many theories have been born from the attempt to combat crime before it occurs, and one such theory explains people commit crimes when they consciously decide the benefits of committing the crime outweigh the risks of punishment. The structure to combat crime has been evolving as much as the definition and ways crime can be committed, from the middle ages and the conduct of ordeals to heretical laws from the church and the punishments that were included to modern times of specific written laws, their interpretation, and the attempted rehabilitation of criminals to be functioning members of society. Modern structure of the criminal justice system include the police, courts, and corrections to provide a continuity to the system...
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...Introduction There are certain crimes today, which invoke a strong personal reaction. What is your first mental image and what emotion do you first notice when you hear the term, “sex offender?” Do you picture a scary looking male stranger? Is your first emotion, anger or maybe fear? Now, what is your initial reaction when someone says that the post-sentencing laws for these offenders may be doing more harm then good in regard to current legislation passed after high profile cases. Are sexual crimes all equally heinous, justifying opinions that the offender did the crime so they should accept the consequences? I believe that these laws were created with the best of intentions. Yet, these laws are now creating alternate paths to dangerous alternatives and roadblocks to the goals they seek to achieve. Legistation On October 22, 1989, an 11-year-old boy named Jacob Wetterling was abducted from a small town in Minnesota (Hawkins, 2009). Jacob and his two friends rode their bikes into town to a convenience store to rent movies (Hawkins, 2009). On the way back home, a gunman stepped out of the woods, and told Jacob’s two friends to run into the woods and not look back (Yoder, 2011). Jacob, who stayed behind, has never been seen since (Yoder, 2011). A massive manhunt ensued with law enforcement from all over, however their exhausting efforts never led them to finding Jacob or his abductor. This case captured headlines all over the United States and in 1994 it prompted legislation...
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...content production, telecommunications, broadcasting electronic commerce, and data processing, in the nation’s overall social and economic development. The State also recognizes the importance of providing an environment conducive to the development, acceleration, and rational application and exploitation of information and communications technology (ICT) to attain free, easy, and intelligible access to exchange and/or delivery of information; and the need to protect and safeguard the integrity of computer, computer and communications systems, networks, and databases, and the confidentiality, integrity, and availability of information and data stored therein, from all forms of misuse, abuse, and illegal access by making punishable under the law such conduct or conducts. In this light, the State shall adopt sufficient powers to effectively prevent and combat such offenses by facilitating their detection, investigation, and prosecution at both the domestic and international levels, and by providing arrangements for fast and reliable international cooperation. SEC. 3. Definition of Terms. — For purposes of this Act, the following terms are hereby defined as follows: (a) Access refers to the instruction, communication with, storing data in, retrieving data from, or otherwise making use of any resources of a computer system or communication network. (b)...
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...Oriental Journal of Chemistry Vol. 26(4), 1353-1360 (2010) The potential of seaweed liquid fertilizer on the growth and antioxidant enhancement of Helianthus annuus L. N. AKILA and T. JEYADOSS* Department of Chemistry and Biosciences, Srinivasa Ramanujan Centre, SASTRA University, Kumbakonam - 612 001 (India). (Received: September 03, 2010; Accepted: October 11, 2010) ABSTRACT A field experiment was carried out during the chithiraipattam (April-May) in India in 2010 to study the effects of foliar applications of different concentrations of seaweed liquid fertilizer (SLF) of Sargassum wightii on growth, biochemical constituents and antioxidant enzymes of Helianthus annuus L. to explore the possibilities of reducing or avoiding chemical fertilizers and to obtain the highest growth and productive parameters. The foliar spray was given twice in 15days interval at two concentrations (2.5%, 5.0%) of SLF. The aqueous extract of Sargassum wightii was found to promote almost all the parameters such as shoot length, root length, leaf length, leaf breadth, fresh weight, dry weight and number of leaves. The biochemical contents such as chlorophyll a, b, total chlorophyll, carotenoids, carbohydrate, total phenols and antioxidant enzymes such as catalase, peroxidase and glutathione peroxidase (GPX) were also found to be higher in the leaves. Among the two concentrations 2.5% was found to produce better results in almost all the parameters. The results revealed that foliar application...
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...Criminal Law and Cyber Crimes Sara Bakerink Kaplan University LS311-03RP1 In law there can be different classifications of the same crime, theft for example. The classifications vary state to state as the section code is based on the state. For example in Iowa we do not have a state section code for Larceny. Robbery can be found under 711.1 and burglary can be found under 713.1. However, in other states larceny is listed in the state section code. For this assignment in Unit 3 there are three situations that involve Makoto's laptop computer being stolen. How the theft occurs is the factor that determines the type of crime that is committed. The classifications of theft crimes are larceny, robbery, or burglary. In situation one Sarah sees a laptop unattended on a porch and steals it. Sarah proceeds to show everyone the laptop calling it her own. This type of theft is known as larceny which is a property crime. Larceny is "the unlawful taking and carrying away of someone else's personal property with the intent to permanently deprive the owner of possession." (Miller & Jentz, 2008, p.128) "Note that a person who commits larceny generally can also be sued under tort law because the act of taking possession of another's property involves a trespass to personal property." (Miller & Jentz, 2008, p.128) In situation two Sarah sees Makoto outside with a laptop computer. Sarah holds Makoto at gunpoint and steals Makoto's computer...
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...talks about the “ Hate Crime Laws” and the controversial issue “should we punish attitudes as well as action?.” The author began the article by the example about a victim of hate crime which focused national attention in the fall of 2010. That example illustrated that hate crime may be punished more severely. The author mentioned three arguments of supporters in favor of hate crime legislation. The author also stated that most hate crime cases are acted by young people and hate crime laws are threat to First Amendment guarantees of free speech. Following the laws, the offenders are sentence not just for their actions but also for their attitudes. The article continued with the other example of hate crime cases. The author concluded with a mention:...
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...* Chapter 10: Criminal Law and Cyber Crime * Section 1: Civil Law and Criminal Law * Crime- A wrong against society set forth in a statute and punishable by a fine and/or imprisonment—or in some cases, death * Key Differences Between Civil Law and Criminal Law * Burden of Proof * Civil Case * Plaintiff must prove his or her case by a preponderance of the evidence and must convince the court that based on the evidence presented by both parties; it is more likely than not that the plaintiff’s allegation is true. * Criminal Case * The state must prove its case beyond a reasonable doubt. The prosecutor must prove beyond a reasonable doubt that the defendant has committed every essential element of the offense with which she or he is charged * Criminal Sanctions * Much harsher than civil * Involve fines, imprisonment, probation, and sometimes the death penalty * Civil Liability for Criminal Acts * Some torts, such as assault and battery, provide a basis for a criminal prosecution as well as a civil action in tort, * Classification of Crimes * Felonies * Serious crimes punishable by death or by imprisonment for more than one year * Misdemeanors * Less serious crimes punishable by a fine or by confinement for up to a year * Petty...
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...Analysis With Reference to the Indian Penal Code, 1860 Submitted by KARANBIR SINGH THIND PRN No. 11010224027 Division ‘A’ Roll No. 26 BBA. LL.B. of Symbiosis Law School, NOIDA Symbiosis International University, PUNE In March, 2013 Under the guidance of Prof. Girjesh Shukla And Prof. Vikram Singh Law of Crimes-I Symbiosis Law School Noida, 201301 Certificate The project entitled “Dr. Jagannath Mishra v. State of Jharkhand (2002) CriLJ 4646- Case Analysis With Reference to the Indian Penal Code, 1860” submitted to the Symbiosis Law School, NOIDA for Law of Crimes-I as part of internal assessment is based on my original work carried out under the guidance of Prof. Girjesh Shukla and Prof. Vikram Singh in March 2013. The research work has not been submitted elsewhere for award of any degree. The material borrowed from other sources and incorporated in the thesis has been duly acknowledged. I understand that I myself could be held responsible and accountable for plagiarism, if any, detected later on. (KARANBIR SINGH THIND) Date: March 14, 2013 Acknowledgment I have taken efforts in this project. However, it would not have been possible without the kind support and help of many individuals. I would like to extend my sincere thanks to all of them. I would like to thank Symbiosis Law School, Noida for providing me with the opportunity to work on this project. I am highly indebted to Prof. Girjesh Shukla and Prof. Vikram Singh for their guidance...
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...CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE R.A. 9372. AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM TERRORISM (THE HUMAN SECURITY ACT OF 2007) 1. It created the crime known as terrorism and declared it to be “a crime against the Filipino people, against humanity, and against the law of nations”. II. Defines the crime of terrorism to be the commission of “any of the crimes of: A. Under the Revised Penal Code. i. Piracy in general and Mutiny in the High Seas or in the Philippine Waters ii. Rebellion iii. Coup d’état iv. Murder v. Kidnapping and Serious Illegal Detention B. Under Special Laws i. Arson under P.D. 1613 ii. Violation of R.A. 6969 (Toxic Substance ad Nuclear Waste Control) iii. R.A. 5207 ( Atomic Energy Regulatory and Liability Act of 1968) iv. Hijacking v. Piracy in Phil. Waters and Highway Robbery vi. P.D. 1866 ( Possession and Manufacture of Firearms/explosives) thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand” III. Requirements for Terrorism A. The accused (maybe a single individual or a group) must commit any of the enumerated crimes B. There results a condition of widespread and extraordinary fear and panic among the populace i. The extent and degree of fear and panic, including the number of people affected in order to meet the term “populace”, are questions of facts...
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...Assignment 2--- White Collar Crime Theories, Law, and Processes Lucas McPherson Professor Dr. Matthew Miko LEG 200 – White Collar Crime in Government, Business, and Labor December 21, 2011. 1. Explain white collar crime in terms of various theories related to criminology and crime. There are several basic theories in which white collar crime can be explained relating to criminology and crime. We must look at several concepts and behaviors and take certain metaphysical, ontological, and epistemological assumption about the ultimate nature of reality and being into consideration. Example, is reality subjective or objective? Is causation simply a human construct, or is it something that can be definitively and objectively established? The latter were two questions to approach some explanation of the theories of white collar crime and the criminological concept of the offenders in this sector. There are the sociological, biogenetic, psychological, and sociogenic explanation to white collar criminology and crime. The most basic theory of criminality states that criminals are different in some fundamental way from non-criminals. Then the nature of the difference must be identified. On a Sociological level the propensity to commit crimes, is shown to vary among various segments of the population or among different organization. The biogenetic explanation of criminality became especially influential in the nineteenth century. This states that criminals...
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...Opening Argument: Truth in Sentencing Laws do not Deter Crime Truth in sentencing was developed to keep inmates (especially more violent) to serve 85% or more of their initial time in prison. Although it is to insure the safety and builds a better relationship within society, there can be some negative outcomes such as the availability of plea bargaining to receive lesser sentences or inmates who are serving their complete sentence have the inability to adapt to society once released. Using the plea bargaining system has saved a lot of time and money for the court work group because of the willingness of the suspect to forfeit their freedom whereas a person proceeds to trial and receive a harsher term “…more than 90 percent of all criminal cases do not go to trial because the offender pleads guilty to a lesser charge. Even violent crimes are routinely plea-bargained--an estimated 77 percent of rape cases, 85 percent of aggravated assault cases, and 87 percent of robbery cases.” (Anne Morrison Piehl, 1995) . Piehl and DiIulio explained that criminals almost always have the option to discuss a plea bargain to avoid trial, and also prosecutors are more than willing to proceed with the deal because it cuts time on their work load as well as reduce the funding to conduct these trials. In most cases, people eventually adapt to their environment. In cases when a person is in prison, he/she have molded to the familiar everyday lifestyle that comes with it. “A stronger penalty for...
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...Over the years there has been a significant decrease chance in which criminals will attack someone who is armed. From a 1997 study, " robbery and assault victims who used a gun to resist were less likely to be attacked or to suffer an injury than those who used any other methods of self-protection or those who did not resist at all" It was also noted that people who draw out their guns for self-defense often make the criminal retreat from crime. Without gun control how would someone defend themselves from a criminal in a time of need. Having a gun was meant for this use; protecting yourself. Armed citizens can help reduce crime because according to John Lott,gun laws helped reduce "homicides by 8.5%, aggravated assaults by 7%, rapes by...
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...Kyle Kern 3/6/14 CCS330 12pm Final Paper A Failed Crime Control Policy: Three Strikes Law The majority of crime control policies have positive intentions at first of reducing crime but many, if not all, fall short in making an effective and lasting change among crime rates. One of the largest shortfalls in policy creation and most popular idea in mandatory sentencing can be observed with the set of laws referred too as “three Strikes and you’re out” laws. The Three Strikes law is a statute regulated by state courts that imposes harsher penalties to repeat offenders within the criminal justice system. The commonly referred name of “Three Strikes” is taken from the game of baseball and the idea that after a batters third chance of swinging at a pitch, he is considered out of chances to bat. This analogy of a game is now being applied to determining sentencing of habitual offenders. In the majority of states who impose this type of law, strikes are considered previous felony convictions and after a persons third strike, or third felony conviction, they then fall under a mandatory 25 to life sentence. Being convicted of life in prison gives very little chance of probation. This costs the convicted their lives in prison, their family abandonment and the taxpayers millions of dollars every year. The first of these habitual offender laws was enacted in 1993 by the state of Washington called the Persistent offender Accountability Act and then in 1994 by the state of California...
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