...Unit 24 - Assignment 1 Introduction For this assignment I will be describing the elements of a crime which are Mens Rea and Actus Reus. Mens Rea is Latin for 'guilty mind' and it is the mental thinking behind the crime which has been committed, it refers to the intentions of the person who committed the crime. For example, when someone commits theft their intention is to permanently deprive the owner/s of the object. Actus Reus is Latin for 'guilty act' and it can either be an act or a failure to act. For example, when someone commits theft they must've physically taken something. The three C's of Actus Reus must be taken into account when investigating a crime they are: * Conduct - this is the act of damaging or destroying something/someone. * Circumstances - this is the fact that the property must belong to another. * Consent - this is the resulting damage or destruction of the act. Causation Causation, also known as result crimes is when a consequence has come about as a result of the Actus Reus being committed. When establishing causation the first step is to ask 'was the defendant's act a cause in the fact of the specified consequence?' This can be answered by asking 'But for what the defendant did would the consequence have occurred?' If the answer is YES then the result wouldn't have occurred if not for the defendant's acts and, therefore causation is established. A case which shows the chain of causation is the case of R v White (1910) the defendant...
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...Unit 24 - Assignment 1 Introduction For this assignment I will be describing the elements of a crime which are Mens Rea and Actus Reus. Mens Rea is Latin for 'guilty mind' and it is the mental thinking behind the crime which has been committed, it refers to the intentions of the person who committed the crime. For example, when someone commits theft their intention is to permanently deprive the owner/s of the object. Actus Reus is Latin for 'guilty act' and it can either be an act or a failure to act. For example, when someone commits theft they must've physically taken something. The three C's of Actus Reus must be taken into account when investigating a crime they are: • Conduct - this is the act of damaging or destroying something/someone. • Circumstances - this is the fact that the property must belong to another. • Consent - this is the resulting damage or destruction of the act. Causation Causation, also known as result crimes is when a consequence has come about as a result of the Actus Reus being committed. When establishing causation the first step is to ask 'was the defendant's act a cause in the fact of the specified consequence?' This can be answered by asking 'But for what the defendant did would the consequence have occurred?' If the answer is YES then the result wouldn't have occurred if not for the defendant's acts and, therefore causation is established. A case which shows the chain of causation is the case of R v White (1910) the defendant put cyanide...
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...1. Actus reus is the Latin term used to describe a criminal act. Every crime must be considered in two parts-the physical act of the crime (actus reus) and the mental intent to do the crime (mens rea). Преступление — это общественно опасное, противоправное, виновное деяние дееспособного лица, за которое предусмотрено уголовное наказание. Crime - is socially dangerous , illegal , guilty act capable person, which provides criminal penalties. Crimes are defined by criminal law, which refers to a body of federal and state rules that prohibit behavior the government deems harmful to society. If one engages in such behavior, they may be guilty of a crime and prosecuted in criminal court. In today’s society, criminal behavior and criminal trials are highly publicized in the media and commonly the storyline in hit television shows and movies. As a result, people may consider themselves well-informed on the different types of crimes. However, the law can be quite complicated. There are many different types of crimes but, generally, crimes can be divided into four major categories,personal crimes, property crimes, inchoate crimes, and Statutory Crimes: * Personal Crimes – “Offenses against the Person”: These are crimes that result in physical or mental harm to another person. Personal crimes include: * Assault * Battery * False Imprisonment * Kidnapping * Homicide – crimes such as first and second degree, murder, and involuntary...
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...Degree 14 Actus Reus 14 Mens Rea 16 Doctrine of Common Purpose 16 ATTEMPT 20 Mens Rea (Heavily dependent on MR). 21 Actus Reus 21 LARCENY 24 Actus Reus 24 a. Taking & Carrying Away 24 b. Property Capable of Being Stolen 24 c. Property in Someone Else’s Possession 25 Abandoned by owner 26 d. Without Consent of the Person in Possession 26 Mens Rea 28 1. Intent to Deprive Permanently 28 2. Without a Claim of Right Made in Good Faith (bona fide) 30 3. Fraudulently 31 Temporal Coincidence 33 Larceny by Finding 33 Larceny by Trick 34 Larceny as a Bailee 38 ASSAULT 41 Degree of Injury 41 Common Assault 42 a. Psychic Assault 42 b. Battery 44 Mens Rea 47 Intentional Assault 47 Reckless Assault 47 Negligence 48 Aggravated Assault 48 a. Assault Occasioning Actual Bodily Harm (ABH) (section 59) 49 b. Reckless GBH or Wounding (section 35) 50 c. Maliciously Wounding/GBH with Intention to Inflict GBH (section 33) 51 SEXUAL ASSAULT 54 Actus Reus 54 a. Sexual Intercourse 54 b. Absence of Consent 55 Common law Rules 57 o Doctrine of marital immunity abolished at common law (L 1991) and under statute (s61T(a) NSW) 57 Mens Rea 57 Intention 57 Mistaken Belief in Consent 57 Recklessness 58 DEFENCES 60 Insanity 60 Elements 60 Automatism 61 Sane and Insane Automatism 61 Intoxication 62 Burden of Proof 62 Self-induced v Involuntary Intoxication 62 Actus Reus 62 Mens Rea 62 Self-Defence...
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...I. Justification of Punishment a. Theories of Punishment and Purpose of Criminal Law Sentencing i. Deterrence 1. Utilitarian concept, forward-looking, premise: humans will act in their own interest 2. Individual Deterrence: general public is protected 3. General Deterrence: helps to protect public at large, justified on grounds of 1) prevention of crime by threat of arrest, conviction, punishment 2) prevention of crime by strengthening of moral norms 3) prevention of crime by stimulating law-abiding contact based on the impulse to conform. 4. Criticisms: 1) ineffective in cases where criminal is motivated by emotional concerns 2) one person might be used as a means to an end in order to deter others and benefit society as a whole ii. Retribution 5. Premise: humans act under free will and must be punished when they choose to violate society’s norms, backward-looking 6. Based on proportionality of punishment: the evil done to the victim is paid back to the perpetrator iii. Rehabilitation/Reform 7. Criticisms: 1)allocating resources to those who least deserve them 2) remaking humans with what society deems is the best 3) assuming that humans can simply be reconditioned iv. Incapacitation 8. Renders def unable to cause further harm to society 9. Criticisms: 1) too costly 2) ineffective in reducing recidivism 3) further...
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...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 be within this section...
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...AN OVERVIEW OF BANGLADESH LEGAL SYSTEM WITH SPECIAL REFERENCE TO CRIMINAL JUSTICE ADMINISTRATION SYSTEM An overview of Bangladesh Legal System with special reference to Criminal Justice Administration System Submitted to Barrister M. Zillur Rahman Course Teacher Legal Environment of Business (L-501) IBA Submitted by Apon DasRahman Saihad Shahid | 0306 | Institute of Business Administration University 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...
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...and universal education Human Rights Human rights are the basic rights to which all human beings are entitled to. The most recognized document in modern human rights is the Universal Declaration of Human Rights, created by the UN. Human rights can be said to come from the idea of ‘natural law’. Natural Law Doctrine is the idea that some laws come from God or higher reasoning whether they have been written down or not. State sovereignty State sovereignty refers to the power of a state to have control over its territory and its subject. It’s important for protecting human rights because it means someone whose rights are being abused can flee to a safe country for protection. Because it restricts the actions of neighbours and other concerned states, also allows human rights abuses to go unpunished within the boundaries of a state. Movement for the Abolition of Slavery Slavery is the state of being under the control of another person. Trade Unionism Trade unionism is the collective organisation of workers formed to protect the rights of individuals from the power exercised by employees. The benefits of trade unionism include: * Prevention of child labour * Prevention of forced labour * Fair treatment of workers Universal Suffrage Universal suffrage refers to the right of all persons within a state to vote in political elections. Education Education is also considered a basic human right because without education a person is unable to properly...
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...COMPUTER CRIME OUTLINE SUBSTANTIVE COMPUTER CRIMES I. Intro A. Categories of Substantive Computer Crime Law 1. computer misuse crimes = intentional interference w/proper functioning of computers (hackers, viruses) 2. traditional crimes = traditional criminal offenses facilitated by computers (gambling, pornography) B. Computer Crime v. Traditional 1. computer crime usually threatens economic interests more than physical 2. computer crime much more likely to cross state boundaries; most traditional crime is dealt with by the states II. COMPUTER MISUSE CRIMES A. 2 ways they can occur 1. user exceeds his own privileges a. “insider”: has some privileges/rights 2. user denies privileges to others b. may be an “outsider”: no access rights B. Most Common Statutes 1. unauthorized access statutes 2. computer fraud statutes 3. computer damage statutes C. Why Punish? 1. utilitarian: deterrence of harmful conduct, incapacitation, rehabilitation (looks forward) 2. retribution: just deserts; restore moral order (looks back) D. The Hacker Ethic: an open and free approach to using and exploring computers; any computer user has the right to tinker with and improve any computer; rules governing access should NOT be followed 1. misuse can improve security E. How or When to Punish 1. Property-based view: the computer is not yours, so if you break in you should be...
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...February 2015 New York State Bar Examination Essay Questions © 2015 New York State Board of Law Examiners QUESTION 1 In 1995, Walt, a widower, executed a will prepared by his lawyer, Len, which contained the following dispositive provisions: 1. 2. 3. 4. 5. I give and devise my residence to my daughter, Amy. I give and bequeath my 100 shares of C Corp. to my son, Ben. I give and bequeath $100,000 to my son, Cal. I give and bequeath $100,000 to the American Red Cross. I give, devise and bequeath all of the rest, residue and remainder of my estate to my grandson, Dave. Walt signed the will at Len’s office, and at Walt’s request, Len and Walt’s son, Ben, signed as witnesses in the presence of Walt and each other after Walt acknowledged that the document was his will. In 2000, Walt duly executed a new will which expressly revoked any and all wills previously made by him. In 2001, Walt decided that he did not like the terms of the 2000 will and physically destroyed it by his own hand. Walt died last year, survived by Amy, Ben, Cal, and Dave. Dave is Walt’s only grandson and is the son of Walt’s deceased son, Ed. The 1995 will has been admitted to probate over the objections of Cal that the 1995 will had not been properly executed and that, in any event, it had been revoked. Walt’s residence has been valued at $300,000, and his 100 shares of C Corp. have been valued at $200,000. After payment of all debts, expenses and taxes, the net estate...
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...faster and easier accessibility. As it is another mode of commercial and personal transaction and one that is heavily dependent on interaction through computers and automatic agents rather than face-to-face meetings, which increases distance and allows anonymity, it is another avenue for crimes to perpetuate. “Computer Crime” encompasses crimes committed against the computer, the materials contained therein such as software and data, and its uses as a processing tool. These include hacking, denial of service attacks, unauthorized use of services and cyber vandalism. “Cyber Crime” describes criminal activities committed through the use of electronic communications media. One of the greatest concerns is with regard to cyber-fraud and identity theft through such methods as phishing, pharming, spoofing and through the abuse of online surveillance technology. There are also many other forms of criminal behaviour perpetrated through the use of information technology such as harassment, defamation, pornography, cyber terrorism, industrial espionage and some regulatory offences. The existing criminal laws in most countries can and do cover computer-related crimes or electronically perpetrated crimes. Offences against the computer are relatively new as they arise from and in relation to the digital age, which threatens the functionality of the computer as an asset of a borderless information society. New laws are required in order to nurture and protect an orderly and vibrant digital...
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...faster and easier accessibility. As it is another mode of commercial and personal transaction and one that is heavily dependent on interaction through computers and automatic agents rather than face-to-face meetings, which increases distance and allows anonymity, it is another avenue for crimes to perpetuate. “Computer Crime” encompasses crimes committed against the computer, the materials contained therein such as software and data, and its uses as a processing tool. These include hacking, denial of service attacks, unauthorized use of services and cyber vandalism. “Cyber Crime” describes criminal activities committed through the use of electronic communications media. One of the greatest concerns is with regard to cyber-fraud and identity theft through such methods as phishing, pharming, spoofing and through the abuse of online surveillance technology. There are also many other forms of criminal behaviour perpetrated through the use of information technology such as harassment, defamation, pornography, cyber terrorism, industrial espionage and some regulatory offences. The existing criminal laws in most countries can and do cover computer-related crimes or electronically perpetrated crimes. Offences against the computer are relatively new as they arise from and in relation to the digital age, which threatens the functionality of the computer as an asset of a borderless information society. New laws are required in order to nurture and protect an orderly and vibrant digital...
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...Advance Edited Version Distr. GENERAL A/HRC/12/48 15 September 2009 Original: ENGLISH HUMAN RIGHTS COUNCIL Twelfth session Agenda item 7 HUMAN RIGHTS IN PALESTINE AND OTHER OCCUPIED ARAB TERRITORIES Report of the United Nations Fact Finding Mission on the Gaza Conflict ∗ ∗ Late submission A/HRC/12/48 page 2 Paragraphs Page EXECUTIVE SUMMARY PART ONE INTRODUCTION I. II. III. METHODOLOGY CONTEXT EVENTS OCCURRING BETWEEN THE “CEASEFIRE” OF 18 JUNE 2008 BETWEEN ISRAEL AND THE GAZA AUTHORITIES AND THE START OF ISRAEL’S MILITARY OPERATIONS IN GAZA ON 27 DECEMBER 2008 IV. APPLICABLE LAW PART TWO OCCUPIED PALESTINIAN TERRITORY: THE GAZA STRIP Section A V. VI. THE BLOCKADE: INTRODUCTION AND OVERVIEW OVERVIEW OF MILITARY OPERATIONS CONDUCTED BY ISRAEL IN GAZA BETWEEN 27 DECEMBER 2008 AND 18 JANUARY 2009 AND DATA ON CASUALTIES ATTACKS ON GOVERNMENT BUILDINGS AND POLICE VIII. OBLIGATION ON PALESTINIAN ARMED GROUPS IN GAZA TO TAKE FEASIBLE PRECAUTIONS TO PROTECT THE CIVILIAN POPULATION VII. A/HRC/12/48 page 3 IX. OBLIGATION ON ISRAEL TO TAKE FEASIBLE PRECAUTIONS TO PROTECT CIVILIAN POPULATION AND CIVILIAN OBECTS IN GAZA X. INDISCRIMINATE ATTACKS BY ISRAELI ARMED FORCES RESULTING IN THE LOSS OF LIFE AND INJURY TO CIVILIANS XI. DELIBERATE ATTACKS AGAINST THE CIVILIAN POPULATION XII. THE USE OF CERTAIN WEAPONS XIII. ATTACKS ON THE FOUNDATIONS OF CIVILIAN LIFE IN GAZA: DESTRUCTION OF INDUSTRIAL INFRASTRUCTURE, FOOD PRODUCTION, WATER INSTALLATIONS, SEWAGE...
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...CRIME, PROCEDURE AND EVIDENCE IN A COMPARATIVE AND INTERNATIONAL CONTEXT This book aims to honour the work of Professor Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška’s work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his 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...
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...Employment News 31 May - 6 June 2014 www.employmentnews.gov.in 21 UNION PUBLIC SERVICE COMMISSION EXAMINATION NOTICE NO. 09/2014-CSP (LAST DATE FOR RECEIPT OF APPLICATIONS : 30/06/2014) DATE :31.05.2014 CIVIL SERVICES EXAMINATION, 2014 (Commission’s website-http://upsc.gov.in) F. No. 1/5/2013-E.I(B) : Preliminary Examination of the Civil Services Examination for recruitment to the Services and Posts mentioned below will be held by the Union Public Service Commission on 24th Aug., 2014 in accordance with the Rules published by the Department of Personnel & Training in the Gazette of India Extraordinary dated 31st May, 2014. (i) Indian Administrative Service. (ii) Indian Foreign Service. (iii) Indian Police Service. (iv) Indian P & T Accounts & Finance Service, Group ‘A’. (v) Indian Audit and Accounts Service, Group ‘A’. (vi) Indian Revenue Service (Customs and Central Excise), Group ‘A’. (vii) Indian Defence Accounts Service, Group ‘A’. (viii) Indian Revenue Service (I.T.), Group ‘A’. (ix) Indian Ordnance Factories Service, Group ‘A’ (Assistant Works Manager, Administration). (x) Indian Postal Service, Group ‘A’. (xi) Indian Civil Accounts Service, Group ‘A’. (xii) Indian Railway Traffic Service, Group ‘A’. (xiii) Indian Railway Accounts Service, Group 'A'. (xiv) Indian Railway Personnel Service, Group ‘A’. (xv) Post of Assistant Security Commissioner in Railway Protection Force, Group ‘A’ (xvi) Indian Defence Estates Service, Group...
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