Criminal Law

The Application of Socialization Theory in Understanding the Causes of Serial HomicideSerial homicide is unlawful killing of more than one person which is carried out by same person in separate events that occurs in different time period. Rising cases of homicide in society calls for the need to determine the causes of these cases and develop a better understanding of homicide cases through the application of socialization theory. There are di...

Types of CourtsUCR uses a census approach in criminal justice whereby a survey is incorporated. On the other hand, GSS is just a sample survey. A continuous historical record of annual crime statistics with UCR while GSS operates on a repeating cycle. The data obtained is significant in establishing the crime patterns in Canada. The statistics help determine the prevalent crimes and hence help in reducing the crime rate by dealing with the mos...

The Significance of Judicial Precedents in English Law Law is considered as a set of rules and regulations that binds society and everyone is duty-bound to follow the law, in the same way, courts are bound to follow the precedents in cases comprising of identical facts and issues for a just conclusion. The doctrine is the most popular one which has been obtained from the concept of stare decisis which means to stand by the precedents. This do...

Circumstances Leading to the TragedyYour Honor, my name is [first name] [last name], I appear for the defense of the accused (Romeo) in which he has been accused of allegedly stabbing his colleague to death with different charges being levelled against him for his stabbing actions. Your Honor, I submit to this court information that can help to solve this case beyond reasonable doubts having substantial evidence to show that the accused h...

Simple AssaultThe task required the consideration of diverse kinds of assault penalties under Vermont’s Criminal code. There are three key kinds of assault to be evaluated regarding the case: simple assault, aggravated assault, and assault by physical liquids. The offered case is to examine what type of assault would be appropriate or if somewhat different was accessible to use.  According to the provisions of this section, an ...

Answers: Impaired driving, also regarded as "driving while impaired" (DWI), drunken driving, and "driving under the influence" (DUI), has been regarded as a major community issue since the early twentieth century when social researchers recognised the frequently lethal grouping of liquor and motor vehicles. New impaired driving laws decrease drunk drivers' additional fatal risks on others. This decreased risk can be calculated by multiplying t...

Issue of OverrepresentationThe Criminal Justice system (CJS) in Canada has its own strengths and weaknesses, despite its strengths the CJS has several challenges that should be addressed. One of the biggest issue in the CJS is overrepresentation of indigenous people in the criminal justice system. The indigenous people in Canada are very much at the risk of being involved with the criminal justice system, either as offenders or as victims (Cesar...

The Canadian Criminal Code protects communication between client-solicitors. However, they are subject to certain exceptions. The Canadian Supreme Court recognizes public safety as an exception for disclosure of information shared via communication between client and solicitor. The Supreme Court in Smith v. Jones held that on the ground of public safety client-solicitor privileges can be set aside if the solicitor has a reason to believe that ...

DiscussionThis paper enumerates upon the concept of appropriation for theft in law and critically analyzes the key arguments set forth by Leggett as it justifies the evidence through the argument as it creates an agreement with respect to the case. The Darroux judgment as well as two articles by Catherine Elliott would also be analyzed in order to understand the importance of the concept of appropriation for the offence of theft. In addition t...

Definition of Bad Character1. The admissibility of the evidence of the bad character of the defendant in criminal proceedings is dealt with under Part 11, Sections 98 to 113 of the Criminal Justice Act, 2003 (Legislation.uk.gov, 2022). Whether the prosecution wants to rely on the evidence of bad character, the definition of bad character must be identified and satisfied as set out in the Criminal Justice Act, 2003. Generally, the term ‘b...

Overview of PACE and its ProminencePACE is considered to unify the police powers through one particular code of practice and along with such it tries to balance the rights of the individuals carefully against the supremacies of the police. The Police and Criminal Evidence Act 1984 was considered to be brought through the commendations of the Royal Commission on Criminal Procedure. In addition to this, it also contracts and along with such de...

Prison Simulation AThe Australian government is concerned with the escalating rate of imprisonment in the country regardless of decreasing the nation's crime rate. According to Weatherburn (2018), crime and penal policing analysts have attributed the high recidivism rate as one of the significant contributors to the issue. Therefore, the Prison Simulation A was implemented to curb the high recidivism rate. According to Payne (2007), for every ...

DiscussionThe landmark decision that was forwarded by the High Court in the case of Love v Commonwealth; Thoms v Commonwealth [2020] HCA 2[1], considered the question that whether the Indigenous non-citizens would be regarded as ‘aliens’ as per section 51(xix), as provided in the Constitution of the nation of Australia. Forwarding 7 distinct judgements, the Australian High Court (through a 4 to 3 majority) held that the Indigenous ...

1. The problem and the necessity of the ICC?The International Criminal Court is a component of a larger system of international law that is constantly evolving. Both the concept of complementarity as well as the Court's intrinsic requirement for collaboration demonstrate this interdependence. Complementing national systems is indeed a key role of the Court. State crimes are prosecuted there as a matter of urgency and as a matter of last resort. ...

Criminal Behavior and CriminologyOver the period of time, many theories have been developed relating to how criminal behavior is been developed over the period of time. Criminal behavior is often considered as anti-social behavior which is often considered to be a major social problem with complex causes, it is often a result of childhood traumas or past bad experiences been faced by individuals either in society or in the family(Gypen et al, ...

Structural InequalityThis is an analytical essay based on criminal law institution and how it deals with the young indigenous people in Australia (Azzopardi et al. 2013). The criminal system of Australia is based on the objective that there should be equality before law and no one should be discriminate in case of caste, creed, or race (Larsen 2014). The reality is different. There are discrimination regarding the young indigenous people and t...

Section 47 of the Offenses against the Persons Act 1861: Assault and Actual Bodily HarmIn the given scenario, when Cooper went to sit down, Carter who did not like Cooper as he used to bully him at school, removed the chair and Cooper fell down. However, Cooper did not sustain any form of injuries. Charge- Here, Carter may be charged under section 47 of the Offenses against the Persons Act 1861 for causing actual bodily harm to Coop...

Arguments for Legalization of ProstitutionThe issue of prostitution is one that has brought about debate in the longest time possible. Earlier on, prostitution was prohibited and those who engaged in the vice were treated as outcasts. However, in the recent past the same issue has been seen to be penetrating in the society and most people are now much more lenient in how the view the issue. It is essential to understand that due to the globali...

Probable CauseProbable cause, under the criminal law shows the possible reasons for arresting a person in the circumstances which were present, on the basis of the facts which are present in the ambit of law enforcement officers, the result of which is a suspicion being formed, or a belief or view being formed in the matter of crime being committed, or presently being drawn up or currently being undertaken (Gunther, 2014). To state the same in...

Sexual assaultPrior to the amendments of 1981, the Crimes Act 1900 embodies the common law definition of rape which restricted itself to penial penetration. There have been various debates as to whether substituting the term rape for sexual assault is beneficial; whether it would lead to more convictions. The Crimes (Sexual Assault) Amendment Act 1981 aimed to rectify the defects in law and protect victims by broadening the definition. As s...

Overview of US Constitution AmendmentsThe constitution of United States presents the safeguards to the Americans rights and these have been provided through different amendments under the US Constitution. The immunity of the individual citizens has been spelled out in the bill of rights. The First Congress of US had, on September 25th, 1789, proposed 12 amendments to the Constitution of US to the state legislatures (Hamilton, Madison & Jay, ...

Don has been charged with intentionally causing serious injury in contrary to section 16 of Crimes Act 1958 (Vic).The police have alleged that Don has glassed his partner Victoria, in the face, as he was angry and upset seeing her flirting with other men. Police has adduced a video footage of the incident as an evidence, with a poor quality and has adduced medical evidence that Victoria had to undergo 30 stitches to her face and her right ey...

Concern and issue of gangs in AmericaThe word “Gang” originated from a German word Gangr which means “Going , a journey. In the USA Gangs can include various types of groups such as local street gangs, national street gangs, motorcycle gangs, prison gangs, organized crime gangs and ethnic gangs. Approximately 1.6 Million people belonged to a gang as of 2016. The figures also provided that close to 35,000 gangs where actively ...

Relevance of the Data Used to Support the Thesis of the ArticleIn the recent article in relation to the  realistic approach of the parole aftercare and its reintegration program are of high risk in regard to the youthful offenders and the rate of high risk these offenders dealt with after they are put through the program of reintegration it may be experimental setting or controlled setting. There is a mention in the article regarding a pr...

An Overview of Biology and Psychology Relationship with CriminalityCriminal behaviour is one of the discourses that have been studied widely by different scholars. Perhaps the increase in the rate of crime is one of the precipitating factors towards this study. In an endeavour to study and understand criminal behaviour, there are some important aspects worth considering. For instance, it is important to understand who are regarded to as cr...