Criminal Law : Page - 3

Definition of Larceny 1. Larceny at Common Law and Legislation Larceny at common law is theft or stealing. It is the attempt by a person to permanently deprive another of a possession that is rightfully theirs. Stealing, as defined by the VIC law, encompasses all offences provided for under Division 2 of Part 1 of the Crimes Act 1958.[1] There are three elements that need to be proven by a complainant for one to be found guilty. First is t...

The Law of Property Act (LPA) and Land OwnershipLand law is a legal concept through which a person can attain rights in claiming his/her personal belongings or his/her property. The Law of Property Act (LPA) is a regulation that must be followed by a person in order to claim legal rights on his/her land. This act is applicable mostly in cases where two parties try to claim land ownership. According to section 205(1)(ix) of LPA, it is unde...

The Judicial system of United Arab EmiratesThe judicial system of UAE is centred on the British law, civil law system with impacts from French law, Islamic law, Roman law and Egyptian law. Under the Constitution, all States are permitted either to establish individual judiciary or to unite with federal court systems. The judicial system of UAE had dual nature by way of this has federal court and local court with t...

Answer: Introduction    Cyber risk has become of the most endangered issues in any industry as it could mislead some of the corporate data into wrong hands. Terms of usage of currency and GST maintenance, the effect of cybercrime would be very much inappropriate in terms of the unwanted data to be hacked by the hackers. There are several cases of crimes involve in the industry o the country. The evidence of the cybercrime, as w...

Discretion in the Australian criminal justiceDiscuss about the Discretion In Australian Criminal Justice System.  Discretion is the power to use one’s own judgments in acting as per the circumstances. Discretion is widely used throughout the criminal justice systems. In broad, discretion is said to start with the offender deciding whether to engage or avoid a crime. After committing the crime, the investigation officers may t...

Discuss about the Psychological Positivism. The intention of the report is to emphasize the concept of Psychological Positivism. It discusses the definition and causes of the crimes that are dealt under this theory. Further, it talks about how this theory seeks to combat the crime. Thereafter, the report highlights the application process of this theory and how the present Australian criminal justice system is influenced. The theory of ...

Role of Expert Opinion in Judicial ProceedingsDiscuss About The Psychological Expert Witness Testimony Judicial. According to the rules of evidence in Australia, the standard for establishing a fact must be proved based on the balance of probabilities in case of civil proceedings. In case of criminal proceedings, facts must be proved beyond any reasonable doubt.  As per the evidentiary rules, information must be placed before a c...

Assumptions Related to Successful Post-Release ResultDiscuss About The Offender Therapy Comparative Criminology. There are a series of assumptions in relation to what makes up successful post-release result and they mainly relate to institutional, criminological and official practices and disclosures. Correctional practices, programs and policies have been shaped up by such assumptions. However there have been a few criticisms which hav...

Hactivism and Cyber TerrorismRecent media has highlighted the potential ramifications of politically motivated hacking. Discuss the potential consequences of politically motivated hacking and evaluate the effectiveness of our current defence against it. during the recent years, a new type of threat has emerged to the Internet. Therefore the weapon of hacking is increasingly used by different persons for promoting their political ide...

The Rules of Evidence and the Importance of RelevanceDsicuss about the Australian Competition and Consumer Commission. The rule of evidence shows the attempts of making certain that the trial procedure is fair for the parties. The evidence shows that a party is liable for the allegations imposed on them or not. It is basically the proof of holding a person guilty. The evidence not only includes the physical evidence but also testimony and...

Exploring HacktivismDiscuss About The Morally Justified Just Virtual Vigilantism. The term hacktivism derives its origin from internet activism. In this system, computerised software are used to promote certain political agenda or the same is used to point out certain societal changes. Further, certain cyber criminals who are not that big, use hacktism in illegal ways.  The people are showing their agitation against the political...

Implementation of Restorative Justice in the Criminal Justice SystemDiscus about the Critically Assess Restorative Justice. What is restorative justice: Under the process of restorative justice, the persons who have been harmed by crying on conflict and the persons who are responsible for such harm are brought into communication, which allows everyone affected by the incident to play a role in preparing the amount and to find out a posi...

The Structure and Limits of Criminal LawDiscuss About The Structure And Limits Criminal Law Routledge. In the given set of circumstances we can see that Fred is in urgent need of finances to be able to pay back a gambling debt. He takes the money from his employer (without his employer’s knowledge) which amounts to $1000.  Through a fortunate turn of events he is able to replenish his employer’s money without him noti...

The History of Prison Guards and Their Evolving RoleDiscuss about the Prison Guards And Significant Changes In The Responsibilities. One of the most common characteristic of prison is ‘total institution’ that is detached from the community, however, the environment and the circumstances under which the prison officers carry out their responsibilities cannot be considered as a separate unit instead a social and physical insti...

What is the exclusionary rule? Question: Discuss about the significance of the Exclusionary rule that has been developed to safeguard the protection guaranteed by the Fourth Amendment in the US Constitution. The exclusionary rule is considered as a legal rule that is used in the US Constitution, which states that any evidence seized by the police illegally against the defendant, such evidence shall not be submitted during the criminal trials. ...

Challenges Faced by Offenders with Mental Health IssuesQuestion:Discuss about the Canadian Criminal Justice System.The Author has deeply emphasized the mental issues faced by the offenders in correctional homes in modern criminal justice system in Canada. A majority of reports in Canada comprises of violence which has propounded serious consequences in the lives and wellness of the Canadian people. According to the Author, the number of violent ...

Purpose of Prisons: Denunciation, Punishment, Rehabilitation, Deterrence and Community ProtectionQuestion:Discuss about the Effect of Imprisonment and Prison.Prison is ineffective because most of the people come out worse than they went in Prisons are considered as a means of safeguarding the community and rehabilitate the prisoners. However, there have been instances, which establish that the prisons fail to rehabilitate people instead leads t...

Positive aspect of the caseDiscuss About The Complainants And Court Process In Australia? In The Queen v BL [2015], the accused BL is alleged to have committed sexual intercourse without the complainant AX without her consent. He is said to have violated section 192(3) of the Criminal Code[1]. He is further charged for violating section 192(4) of the Criminal Code on the ground of gross indecency with AX without her consent. The accus...

DiscussionDiscuss about the Sexual Trauma And Effects On The Victims. The subject matter of the case is based on the sexual trauma and effects or impacts of the same on the victims or the perpetrators. The term sexual trauma can be defined as a threat to the human personalities by inflicting harm on them. The trauma cropped up when there is any emotional psychological effects taken place for certain sexual offences such as rape or physi...

The OJ Simpson Case: An OverviewIn the OJ Simpson Case summarise the crucial elements of the investigative process as relevant to the subsequent trial/appeal proceedings, and Identify and clearly explain the major errors/flaws/weaknesses in these procedures. The different stages of processing a crime scene may often act as hindrances to collect evidences from the crime scene and present the same before the court. Several strong cases ha...

Existing legislation on harassment in Ireland Discuss about the Crime of Harassment under Irish Criminal Law with reference to existing Legislation. The Law Reform Commission in its report on Harmful Communications and Digital Safety discusses reform in the field of criminal law with respect to harmful digital communications. The report recommends reforming of harassment offence stipulated under section 10 of the Non-Fatal Offences against the ...

The Rise of Global Terrorism Question: Discuss about the Terrorism And The International Criminal Court. It can be stated that Global terrorism has a seen a significant rise in the last decade. Global acts of terrorism are being reported every year. In numerous regions of the world, acts of global terrorism have become an agenda of discussion and controversy. It can be noted that the international community has taken a lot of measures to preve...

Theoretical Framework: Positivism in Criminology Question: Write about Positive and Negative of Positivism, also what is Disadvantage and Advantage. According to Newburn (2017) the dominant approach in relation to thinking about a crime has been classicism for about a century. However the theory had been put under significant attack in the 19th century where a newly developed and scientific theory of criminology had been established with other...

Victims Assistance and Counseling Program Discuss about the Victims Assistance and Counseling Program. Victim support programs provide confidential and free help to the people who are affected by crime in some way or the other. There are various programs which are initiated by the governments in relation the victims of crime. These programs come in different forms with the main motive of providing for a proper lifestyle for the people affected ...

Types of AutomatismDiscuss about the Criminal Law Automatism. Automatism is a type of defense which is used in the criminal law cases. Automatism is one of the types of medical conditions, which is related to the mental state of the defending party. It can be seen as lack of excuse, or culpability, or the lack of voluntariness. This denotes that the defending party was not aware about their actions while doing or making the particular m...