...lawteacher.net http://www.lawteacher.net/free-law-essays/2-2-essays/criminal-liability-essay.php Criminal Liability Essay "Criminal liability and the justifications for, and objectives of, punishment are based on the notion of individual blameworthiness" In light of the above statement, consider whether imposing criminal liability on corporations for manslaughter is ever justified. Introduction English law has yet to come to terms with the conceptually difficult task of attributing liability for manslaughter to a corporate entity. The essential problem is that a corporation is granted an independent status by a pragmatic legal fiction which affords an identity to entity which has no physical existence. Salomon v. Salomon & Co. [1897] is authority on this point. This is done in order to allow the corporation to assume responsibility and rights in its economic activities and this device has proved extremely useful in encouraging commercial risk taking and entrepreneurial activity. However, problems arise when it is necessary to consider the question of the criminal liability of the corporation, because one of the fundamental precepts of criminal law is that of personal criminal responsibility. The way in which criminal law attributes liability is by ascertaining a mens rea (a guilty mind) and an actus reus (a guilty act) on the part of the accused. It is difficult to accuse a company of possessing a guilty mind, because it has no personal mind or conscience, and it...
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...Fault Essay (30 marks) Fault can be defined as legal responsibility or blame for an offence or misdeed. It also refers to the mental state of the defendant. The basic principle is that a D should be able to contemplate the harm that his actions may cause and should therefore aim to avoid such actions. In general, a person cannot be criminally liable and subjected to criminal sanctions unless it can be proved that he carried out an illegal act in a blameworthy manner. An act does not make a man guilty of a crime unless his mind is also guilty. The state of mind of the D is hugely important in assessing whether or not he is at fault. However, to be found guilty of most criminal offences (true crimes) both an AR and MR must be proved. The AR also includes elements of fault. These elements relate to the level of responsibility, a positive voluntary act is considered more blameworthy than an omission. The AR of an offence must be voluntary or done with free will for there to be any criminal liability. The D must be in control pf their actions. There are in fact situations where the AR is involuntary and the D is therefore not at fault. Automatism shows the D has no fault if they are not in control of the act they have committed. Quick for example could plead automatism as it was argued that the insulin he had taken made him attack a mental patient, therefore it was not his fault. This lack of fault is reflected in the outcome: a successful plea of automatism results in an acquittal...
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...Abortion Essay “It is a mistake to reject religious principles in favour of secular/ethical principles for guidance in medical ethics” Examine and comment on this claim with reference to the topic you have investigated (50 marks) Abortion is the deliberate termination of a pregnancy after the fertilisation of the human ovum and before birth. Abortion is debated because there are many different views with strong opinions and evidence for the pro-life and pro-choice argument. Pro-life is against abortion as they believe abortion should never be allowed and this is mostly religious people who believe with the pro-life argument, whereas pro-choice is where it is thought to be the mothers choice as it is her body so whatever she wants to happen to the baby can happen so the mother should always come before the foetus. Whether or not religious principles should be rejected in favour of non-religious principles is debated in Philosophy because there are a number of ethical issues which constantly surround this. In this essay I will comment on whether it is a mistake to favour non-religious beliefs over religious beliefs when looking at abortion, including those of Aristotle and John Paul II, and secular views which mean non-religious or spiritual views including those of Warren and Thompson. There are a number of types of abortion for example vacuum aspiration or suction termination which can only happen between the first 7 to 15 weeks of conception, this means that the foetus is...
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...Abortion Essay “It is a mistake to reject religious principles in favour of secular/ethical principles for guidance in medical ethics” Examine and comment on this claim with reference to the topic you have investigated (50 marks) Abortion is the deliberate termination of a pregnancy after the fertilisation of the human ovum and before birth. Abortion is debated because there are many different views with strong opinions and evidence for the pro-life and pro-choice argument. Pro-life is against abortion as they believe abortion should never be allowed and this is mostly religious people who believe with the pro-life argument, whereas pro-choice is where it is thought to be the mothers choice as it is her body so whatever she wants to happen to the baby can happen so the mother should always come before the foetus. Whether or not religious principles should be rejected in favour of non-religious principles is debated in Philosophy because there are a number of ethical issues which constantly surround this. In this essay I will comment on whether it is a mistake to favour non-religious beliefs over religious beliefs when looking at abortion, including those of Aristotle and John Paul II, and secular views which mean non-religious or spiritual views including those of Warren and Thompson. There are a number of types of abortion for example vacuum aspiration or suction termination which can only happen between the first 7 to 15 weeks of conception, this means that the foetus is...
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...Always discuss coincidence (Thabo Meli, Royall) and BRD (prosecution, differs for offence and defence) Chapter 5 – Homicide: Murder and Involuntary Manslaughter 5.1 Patterns of homicide 423 Study by A.Wallace. 1968-81 * -relationship of victim to offender. * -homicide is a crime that is socially, historically and culturally determined. * -homicide comprises a variety of offenders and victims in different social settings. * -Homicide in NSW is largely interpersonal in nature, rather than instrumental or ideological. * -Majority of interpersonal killings involved intimates. * -Homicide patterns reflect cultural norms. * -homicide is spontaneous rather than premeditated crime. * -Homicide offenders exhibit a wide range of moral culpability. 5.3 Murder S18 Crimes Act (1900) NSW S 18. (1) (a) Murder shall be taken to have been committed where the act of the accused, or thing by him omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him, of a crime punishable by penal servitude for life or for 25 years. (b) Every other punishable homicide shall be taken to be manslaughter. S 18 (2)(a) No act or omission which was not malicious, or for which the accused had lawful cause or excuse, shall...
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...Oscar Wilde: The Love Affair between Literature and Alfred Oscar Wilde was an Anglo-Irish playwright, novelist, poet, and critic. He is regarded as one of the greatest playwrights of the Victorian Era. In his lifetime he wrote nine plays, one novel, and numerous poems, short stories, and essays. Wilde was a proponent of the Aesthetic movement, which emphasized aesthetic values more than moral or social themes. This doctrine is most clearly summarized in the phrase 'art for art's sake'. Besides literary accomplishments, he is also famous, or perhaps infamous, for his wit, flamboyance, and affairs with men. He was tried and imprisoned for his homosexual relationship (then considered a crime) with the son of an aristocrat. Many of his plays such as The Importance of Being Earnest and Salome are translated in to foreign languages and are adopted into films and poems written by him made their presence in the list of bestsellers of his time and still continue to be read worldwide. The most celebrated novelist and author of his time, Oscar Wilde was appreciated by and acquainted with many influential artists of the day including English author John Ruskin, American poet Walt Whitman and George Bernard Shaw. Wilde witnessed an ill-fated downfall in 1885, when the author was arrested and imprisoned on account of his iniquitous homosexuality that made him leave his country forever. He was also harshly criticized for his outspoken atheism and active role in atheistic movements in the country...
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...Title Content page no Introduction…………………………………………………….……………………………….1 What is cybercrime? ..........................................................................................................1 Types of cybercrime……………………………………………………………………………..2 Reasons of cybercrime……………………………………………………………..……………2-3 Offences of cybercrime under ICT Act-2006……………………………………………………3 Penalties of cybercrime under ICT Act-2006 ……………………………………………………4 Cyber Tribunal …………………………………………………………………………………...5 Cyber appellate Tribunal ………………………………………………………………………….5 Recent condition of cyber law in Bangladesh……………………………………………………..6 Recommendations……………………..………………………………………………………….6 Conclusion ………………………..………………………………………………………………7 Bibliography …………….………………………………………………………………………..8 Introduction Information and communications technology (ICT) is often used as an extended synonym for information technology (IT), but is a more specific term that stresses the role of unified communications and the integration of telecommunications (telephone lines and wireless signals), computers as well as necessary enterprise software, middleware, storage, and audio-visual systems, which enable users to access, store, transmit, and manipulate information. The phrase ICT had been used by academic researchers since the 1980s, but it became popular after it was used in a report to the UK government by Dennis Stevenson in 1997 and in the revised National Curriculum...
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...Asian Criminology (2008) 3:61–73 DOI 10.1007/s11417-007-9040-1 Kidnap for Ransom in South East Asia The Case for a Regional Recording Standard Mohd Kassim Noor Mohamed Received: 27 July 2007 / Accepted: 5 November 2007 / Published online: 15 December 2007 # Springer Science + Business Media B.V. 2007 Abstract Kidnapping for ransom is not a new phenomenon. According to the Control Risk Group, an international risk consultancy, kidnappings of foreign nationals globally have increased by 275% over the past 10 years. High profile incidents such as the tourist kidnappings in 2000 by the Abu Sayyaf group, operating out of the troubled southern region of the Philippines, show that South East Asia has its own regionalised kidnapping hotspots. It is suspected that a high proportion of kidnappings are perpetrated by economically motivated crime groups but it is not possible to estimate with any degree of accuracy what percentage can be attributed to organised crime. This article will provide an overview of the problem, drawing upon existing literature available in the public domain. A typological discussion will show the critical differences between the various categories of kidnapping. The reliability of existing statistics, categorisation and recording of kidnapping for ransom will also be scrutinised, in particular for their variability across the region, to see whether this presents a barrier to a better understanding of the size and seriousness of the problem. As kidnapping for...
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...Preface There is no doubt that we are in the midst of a great revolution in the history of women. The evidence is everywhere; the voice of women is increasingly heard in Parliament, courts and in the streets. While women in the West had to fight for over a century to get some of their basic rights, like the right to vote, the Constitution of India gave women equal rights with men from the beginning. Unfortunately, women in this country are mostly unaware of their rights because of illiteracy and the oppressive tradition. Names like Kalpana Chawla: The Indian born, who fought her way up into NASA and was the first women in space, and Indira Gandhi: The Iron Woman of India was the Prime Minister of the Nation, Beauty Queens like Aishwarya Rai and Susmita Sen, and Mother Teresa are not representative of the condition of Indian women. Over 32000 murders, 19,000 rapes, 7500 dowry deaths and 36500 molestation cases are the violent crimes reported in India in 2006 against women. There are many instances of crime especially against women go unreported in India. These are figures released by the National Crime Records Bureau recently. While Madhya Pradesh is worst off among the states, the national capital New Delhi continues to hold on to its reputation of being the most unsafe city in India. Delhi takes the top slot for crimes ranging from murders and rapes to dowry deaths and abductions. It reflects country's law and order situation when its capital is a cauldron of crime. Instead...
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...HEALTH PSYCHOLOGY Health psychology is defined as the application of psychology to the relevant areas of health, disease and the health care system. Medicine and health psychology have many common themes and interests but they differ in their approaches. The primary focus of medicine is the diagnosis, treatment and cure of illness. The focus of health psychology goes beyond that of medicine to stress the prevention and enhancement of health. It expands the biological framework of medicine to also include psychological and social factors. The scope of health psychology is very broad because many theories and methods of psychology can be applied to health-related issues. Maes & van Elderen (1998) (cited in Gross, 2009) defines health psychology as “…a sub-discipline of psychology which addresses the relationship between psychological processes and behaviour on the one hand and health and illness on the other...”. Health psychology aims to understand, explain, develop and test theories by evaluating the role of psychology and its perspectives as factors affecting illness, predicting unhealthy behaviours and understanding and evaluating the role of psychology in the experience and treatment of illness. It also aims to put theory into practice by promoting healthy behaviour, preventing illness and thereby improving the health care system and health policy. For example, from programmes developed to help people reduce risk factors to their health, such as obesity and...
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...Harvard Referencing © Learning Services, Edge Hill University, 2010 Inclusive Provision It is Edge Hill’s aim to make our services and provision accessible to all users. If you need us to present our training/resources/information in a different format (e.g. electronic copy, large print), or need any other modifications, please contact Inclusive Services: University Library, 1st floor, or Student Information Centre (SIC) ground floor, Ormskirk Tel: 01695 584372 / 584190 E-mail: inclusiveservices@edgehill.ac.uk We will do our best to accommodate your requirements. 2 Contents Section 1: General Questions Harvard Referencing Citing Bibliography Reference list Bibliographic details More than one book by the same author in the bibliography More than one report from the same author, written in one year Appendix Plagiarism Avoiding plagiarism Quoting Referencing a long quote Quoting parts from a long paragraph Paraphrasing Ibid Op.cit. Et al. Edition Author who cites another author (secondary citation) Summarising several authors Bibliographic management tools Page 5 5 5-6 6 6 7 7 7 7 7-8 8 9 9-10 10 10 10 11 11 11 12 12 13-14 14 14 14-15 15 15 16 16 16 16 17 17 17 18 18 18 18 18 19 19 19 20 20 20 20 3 Section 2: Hard copy texts: books, journals, reports, etc. Conventions for titles Book with one author Book with two authors Book with three or more authors Chapter in an edited book Fictitious author Book review Translated book Foreign language book Diary or book...
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...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 Damaška’s contribution to comparative law and the challenges faced by comparative law in the twenty first century. Crime, Procedure and Evidence in a Comparative and International Context Essays in Honour of Professor Mirjan Damaška Edited by John Jackson, Máximo Langer and Peter Tillers Published in North America (US and Canada) by Hart Publishing c/o International Specialized...
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...R outledge Revision: Questions & Answers Jurisprudence 2011–2012 Each Routledge Q&A contains approximately 50 questions on topics commonly found on exam papers, with answer plans and comprehensive suggested answers. Each book also offers valuable advice as to how to approach and tackle exam questions and how to focus your revision effectively. New Aim Higher and Common Pitfalls boxes will also help you to identify how to go that little bit further in order to get the very best marks and highlight areas of confusion. And now there are further opportunities to hone and perfect your exam technique online. New editions publishing in 2011: Civil Liberties & Human Rights Commercial Law Company Law Constitutional & Administrative Law Contract Law Criminal Law Employment Law English Legal System Routledge Q&A series Equity & Trusts European Union Law Evidence Family Law Jurisprudence Land Law Medical Law Torts For a full listing, visit http://www.routledge.com/textbooks/revision R outledge Revision: Questions & Answers Jurisprudence 2011–2012 David Brooke Senior Lecturer in Law and Module Leader in Jurisprudence at Leeds Metropolitan University Fifth edition published 2011 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN Simultaneously published in the U S A and Canada by Routledge 270 Madison Avenue, New York, NY 10016 Routledge is an imprint of the Taylor & Francis Group, an informa business This edition published in the Taylor & Francis e-Library, 2011...
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...* * Child Molestation and Homosexuality Ann Landers used to proclaim that the statement “Homosexuals are more inclined to molest children sexually than heterosexuals” is false.1 The American Psychological Association sponsored a work asserting: “Recognized researchers in the field on child abuse,… almost unanimously concur that homosexual people are actually less likely to approach children sexually.”2 Why is it, then, that we read about sex between boys and men in every newspaper? Does it merely reflect sensationalist journalism? We know that heterosexual molestation also occurs. But since there are so many more heterosexuals than homosexuals, which kind of child molestation — homosexual or heterosexual — is proportionately more common? The Scientific Evidence Three kinds of scientific evidence point to the proportion of homosexual molestation: 1) survey reports of molestation in the general population, 2) surveys of those caught and convicted of molestation, and 3) what homosexuals themselves have reported. These three lines of evidence suggest that the 1%-to-3% of adults who practice homosexuality3account for between a fifth and a third of all child molestation. Reports of Molestation by the General Population In 1983, a probability survey of the sexual experiences of 4,340 adults in five U.S. cities found that about 3% of men and 7% of women reported sexual involvement with a man before the age of 13 (i.e., 30% was homosexual).4 In 1983-84, a random survey...
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...http://en.wikipedia.org/wiki/Counter-terrorism Counter-terrorism (also spelled counterterrorism) is the practices, tactics, techniques, and strategies that governments, militaries, police departments and corporations adopt to prevent or in response to terrorist threats and/or acts, both real and imputed. The tactic of terrorism is available to insurgents and governments. Not all insurgents use terror as a tactic, and some choose not to use it because other tactics work better for them in a particular context. Individuals, such as Timothy McVeigh, may also engage in terrorist acts such as the Oklahoma City bombing. If the terrorism is part of a broader insurgency, counter-terrorism may also form a part of a counter-insurgency doctrine, but political, economic, and other measures may focus more on the insurgency than the specific acts of terror. Foreign internal defense (FID) is a term used by several countries[citation needed] for programs either to suppress insurgency, or reduce the conditions under which insurgency could develop. Counter-terrorism includes both the detection of potential acts and the response to related events. Anti-terrorism versus counter-terrorism Further information: Detentions following the September 11, 2001 Terrorist Attack The concept of anti-terrorism emerges from a thorough examining of the concept of terrorism as well as an attempt to understand and articulate what constitutes terrorism in Western terms. In military contexts, terrorism is a...
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