Essays on Offence

Ethics & Corporate Responsibility at the workplace and the World

All companies big or small have a responsibility towards its stakeholders for ethical execution of its operations so as not to hurt their interests or trust in the company. These responsibilities exceed beyond the workplace and must focus on improving the working and living conditions of its workers and other stakeholders. This paper is an attempt towards addressing the issues in Ethics and CSR with reference to a pharmaceutical company, PharmaCare with its Head Office at New Jersey. It is reputed to produce life saving and life improving drugs and is ethically inclined towards poorer sections of society to ...

Issue

Have Adam and I formed a partnership? Rule Partnership Act (SA) 1891 Section 1- Definition of Partnership Partnership Act (SA) 1891 Section 2- Rules for determining Existence of Partnership Partnership Act (NSW) Section 2- Rules for determining Existence of Partnership A partnership entails the relationship that exists between two or more people with the intent of running a business for profit making purposes (Partnership Act (SA) 1891 s 1). Based on Partnership Act (SA) 1891 s 2 and Partnership Act (NSW) s 2, for a partnership to exist, the relationship must satisfy three aspects:

The establishment of a business;

In common; With a view ...

A chronic juvenile offender is a young person having multiple criminal convictions that are spread over multiple criminal events (Baglivio, et al., 2014). The young offenders are either 11 years and younger having committed ten offences and have been arrested within twelve months or between 12 and 15 years with 15 offences and have been arrested over a duration of eighteen months. These offenders are also responsible for majority of the violent crimes (Fox, et al., 2015). Thomas Jones cannot be classified as a chronic young offender since this is his first time to commit the offence. Henry Thompson ...

Criminal Liability

ISSUES According to the facts presented containing information on Neil, Thomas and Kate the following are some of the pressing issues; The first issue dwells on the fact that Neil is following Thomas everywhere in the university taking pictures of him and his brown loafers, Neil also places those pictures Thomas’ pigeon hole, he also leaves gifts of brown polish on Thomas’ door step all of these actions lead Thomas to suffer from depression. The second issue deals with Kate’s actions whereby Kate who is a sado-masochist uses her red patent stilettos to walk on Neil’s back ...

A sexual offender is a person who has committed a sex crime, which is punishable by law. Sex crimes, on the other hand, are determined by a particular area’s laws and jurisdiction and they determine whether a person’s actions fall under sexual offense or otherwise. In many countries, sex crimes are in fact major crimes which are kept side by side with other crimes like physical assault or breaking traffic rules. While some crimes committed by sex offenders are strictly sexual in nature, others might be those that are a violation of those who are chosen by ...

The media plays a crucial role in society by reporting some of the heinous crimes that a number of individuals perpetrate. They might use the articles of criminal activities to inform, warn or report current stories. This essay will use and analyze two crime reports from The Guardian. These include an article on assault charges faced by a top entrepreneur in the country and the article of a notorious serial killer who has killed about 25 women over a span of two decades. Behavior theory and low self-control theory will explain the first article while mental illness and naturalization ...

Dennys Rodriguez v the United States 575 U.S. ___ (2015)

The United States Supreme Court The Supreme Court of the United States The Judge Writing the Decision Justice Ruth Bader Ginsburg Facts of the Case/Brief Summary The main issue for the court’s determination here was the constitutionality of an extended traffic stop, search, and seizure using a law enforcement officer’s detection dog to cover areas not initially covered by the reasonable suspicion of an offence having been committed. The brief facts are that the appellant was driving in violation of the laws of Nebraska State. Officer Struble ...

Vulgar language even when it is not directed an individual as sexual harassment can be actionable as sexual harassment under Title VII. The following are sexual harassment issues on a woman named Igrid Reeves at her workplace. Firstly Reeves could hear her male co-workers use vulgar and sexual language to refer to women and although they did not direct it at her, the fact that they used such language on women is actionable. Secondly, the vulgar discussions about female body parts also account for actionable offence of sexual harassment. Thirdly, there was a pornographic image of a woman in ...

In ancient societies, people believed that the hierarchy of human society was based on the divine right of certain people to lead and the divine permission to keep others as lower class members of society. This shamed the parameters of social order until the Age of Enlightenment and Reformation in the 16th and 17th Centuries. The American and French Revolutions laid the foundation for the creation of a system of civil liberties and human rights which required some basic rights to be accorded to all human beings without exception. Human rights is defined as “a set of freedoms guaranteed ...

Question 1

According to Tregeagle and Orr (2003), they argued that there are many Australian children that at one point or another, during their influential years, are not be cared for adequately. For many, this is a brief period that passes however for some; this maltreatment lasts beyond theirtender years and impacts their life. The abuse of children can be defined as any non-accidental behaviour by any adult in the child’s life that causes physical or psychological harm. The behaviour can be intentional, such as abuse, or unintentional, such as neglect (Bromfield, 2005; (Christoffel et al., 1992). It was meant ...

Inductive Thematic Analysis

Introduction Drug crimes are increasingly becoming a major concern on both local and global fronts. Current research (Braun and Clarke, 2012) suggests that the thematic analysis of important data sources such as sentencing remarks would facilitate the efficacy of available strategies in these crimes. The purpose of this assignment is to analyse the themes that comprise the societal understanding of the occurrence and penalties of drug-related crime. The researcher uses information from seven courtroom sentencing remarks from Adelaide, Southern Australia. This inductive thematic analysis identifies overarching themes that are evident across all seven documents. The themes include “gender and ...

Verona Lovers, the organization that regulates the media in Italy, has announced tragic news, which were followed by a cold-blooded assassination, which took place on Verona streets on Monday afternoon. Clearly, there was a problem between Mercutio and Tybalt but the fight gradually gained turns with Romeo’s emergence. And if you are not sure what was causing this conflict between the family, the answer is quite clear “ the blind wickedness” could not leave Tybalt, the one who did not miss a chance to fight. Then, suddenly Mercutio declared with contempt, that Romeo’s ignominy should have been washed ...

Death penalty, simply means the lawful implementation of an order of a court or any other public authority to kill an adult person found guilty of a capital offence; first degree murder and aggravated murder. It is a form of punishment availed to the courts or public authorities with the intention to discourage members of the public from future committal or omission of the particular offence. The methods of killing the convicted persons include hanging, gun shooting by a firing squad, electrocution, lethal injection and confinement in a gas chamber (ACLU 1). This form of punishment has proved to ...

On the Criminal Justice System of any country lies great responsibilities for the general well-being of the country itself and for the citizens. Without a well-organized Criminal Justice System, the world would be in criminal chaos.

Definition of Crime

The study of Criminal Justice System has certainly to begin with the definition of crime. Criminal lawyers have been disputing over it for years and still there is no consensus as to the only, profound and unified definition of crime. Surely, crime is an offence, with which criminal law deals. One more certainty is that criminal courts operate the notions of crime (Farmer, ...

Abstract:

Theories were developed over the years, as researchers and sociologists tried to explain the reasons why there is crime within the communities. These theories include the social bonds theory, the self-control theory, the power control theory, the control balance theory, the differential coercion theory, and the social support theory. Based on the theories, there are five realities behind the causation of crime: (1) that crime is caused by weakening bonds to the society; (2) that crime is the effect of having low self-control; (3) that crime is caused by occupational patriarchy; (4) that it is caused by the roles ...

Introduction

In the year 2014, the citizens of California voted for the passage of Proposition 47 (Couzens & Bigelow, 2016). The intention of Proposition 47 was to ensure that the amount of money spent on prisons and jails of California was reduced. An alternative was to be undertaken on the nonviolent and non-serious offences. The money saved due to Proposition 47 was to be used for other important programs and activities in the state. Some of those programs include support of high-level education and treatment of those people with mental problems. After the adoption of the Proposition 47, criticism emerged as ...

Introduction

Criminal punishments in the society are approved by many as a necessary action against those who commit crimes. Despite this universal appreciation of punishment, various theories have different justifications for such punishments. The Kantian approach differs from the utilitarianism approach in justifying criminal punishments. This paper analyzes how the Kantian justification for criminal punishment differs from the utilitarian approach,

Research design and Method

This research will be based on the historical concept. It entails analyzing the characteristics of the two theories and determining how best they could justify criminal punishment in the society as a means of punishing unjustified behavior. It will employ ...

Crimes are unlawful, unjust, shameful or senseless activities. It can also be defined as a violation of morality and is punishable by law. Crimes are defined by criminal law that is a body that has rules that prohibit character that the government indicates as harmful to the society. Crimes can be divided into four major types that are personal crimes, beginning or incomplete crimes, statutory crimes, and property crimes. Beginning or incomplete crimes are the crimes that begun but were not completed, they include attempted robbery and conspiracy. Statutory crimes are the crime of a state and can be ...

Proponents of utilitarianism envision a situation where human actions are judged by their consequences. According to Bentham, the best moral action must always maximize utility. Simply put, actions should ensure they bring about the greatest happiness among human beings. An action that does not promote happiness among people therefore does not meet this threshold. Bentham further argues that such actions must involve the two aspects of happiness; quality and quantity. Consequences, therefore, not legality, should form the basis of justification of actions by humans. Stuart Mill supports this proposition by arguing that bringing or increasing pleasure among humans should ...

The rebuttal of the presumption of innocence amongst under-aged children is done in cases when a child commits a serious crime. Thus, when a child between ages 13 and 16 commits a serious crime like murder or aggravated sexual assault, such a child is charged like an adult. In spite of this, such a process leads to serious consequences for these underage offenders who are often below their formative years. The purpose of this paper is to analyze the impacts of charging minors who commit serious crimes like adults. This will include the review of the implications and possibility ...

Term researched: Revocation and Termination

Legal citation: 356 N.J. Super. 299; 812 A.2d 409; 2002 N.J. Legal history: the defendant had been indicted for receiving stolen properties in violation to the New Jersey state acts 2C:20-7a. He was also found guilty of theft by deception and placed on a three-year period of probation. While serving probation, Thomas was convicted of two other criminal offences. Besides, he pleaded guilty of handling stolen property and the charge of harassment. However, two weeks after his second sentencing, it was decided that a revocation and sentencing on the probation violations should occur. The court ruled that the Thomas ...

Policing, either through service or force, should not be momentously substandard for particular social groups and the rest. The statistical evidence by prominent researchers have indicated that individuals seen as white have a more suitable experience of police in comparison with individuals whose decent lies in Africa or Asia. Current shift in emigration patterns have called for a reconceptualization of the perception of individuals belonging to ethnic minority groups. Indeed, it is a matter of difference that has turned out to be predominant in modern societies (Cao, 2014).

Current Statistics and Historical Developments

These kind of conceptual shifts have worsen the cordial relationship between ...

COR160

Assignment 02 SIM University The case for Reformative Training in Singapore is complex. As Reformative Training is applied to younger offenders, scale and gravity of charges vary considerably for each case as to render enforcement of Reformative Training questionable. For opponents, Reformative Training is not enough and more harsh sentences should be applied to younger offenders since, to opponents, younger offenders are not rehabitable. For proponents, Reformative Training is an effective rehabilitation method for younger offenders since younger offenders are different from older offenders. There are, indeed, numerous aspects to Reformative Training. For current purposes, Reformative Training is defended ...

Proponents of the theory of deterrence believe that people make their choice on the matter of obeying the law or violating it after considering the outcome of their actions. They believe that an individual makes a choice whether to commit a criminal offence or not after meticulously evaluating the punishment and the gain of their actions. However, this proponent has been criticized basing on the fact that only the offenders end up being deterred hence we have no explanation as to why other people choose not to offend (Homel, 2012). General deterrence can be explained as the effect created ...

Definition of hands-free driving

Hands-free driving entails the use of hands-free equipment to communicate while driving (Kiesbye, 2011). The policy of hands-free driving was introduced in various states in the United States to curb increased road carnages (Stafford, 2013). However, hands-free driving is an issue that has been concentrated to public drivers and new inexperienced drivers; nevertheless this habit does not seem to bother many experienced and private drivers (Espejo, 2015). For example, school bus drivers, and street cab drivers are not allowed to engage in the use of any form of handheld devices with students in the bus (Houghton, 2014). Teenagers are ...

The case of Marron v. United States, 275 U.S. 192, 196 (1927) underscores the significance of reasonable particularity of the details of an item included in a search warrant for it to meet the Fourth Amendment requirements. Here, it was stated that “the requirement that warrants shall particularly describe the things to be seized makes general searches under them impossible and prevents the seizure of one thing under a warrant describing another”. Hence, using this standard, the car may be described as being a four-wheeled car painted blue in color with clear or transparent window panes. With regards to ...

Ever since Diana Baumrind of the University of California wrote her article in 1966, there came an understanding that there are actually three models of parental control. The permissive parent behaves in a nonpunitive, affirmative, and acceptant manner, and tend to consult the child about policy decisions and the family rules. The authoritarian parent, on the other hand, is more attempting in shaping, controlling, and evaluating the behaviour or attitude of the child consistent with a set of standards or conduct. Lastly, the authoritative parent tend to direct the child in a rational, issue-oriented manner by encouraging verbal give ...

Re: Ever Last product Line

Introduction For the past two years, Ever Last Ovenware has recorded decreased sales due to a downturn in the economy. The production manager has missed to meet his target of earning a 25% return on assets from the sales of the Ever Last Ovenware (Rock Cookware Inc, n.d. P.1). All costs attributed to the product line are relevant costs and profitability of the product line is not possible by reallocating the costs to other cost centers. This informed the production manager to commission the redesigning of the product. Redesigning the product led to a reduction in 35% of the ...

Abstract

The Age Graded Theory explain why people with propensity to commit crimes at early stages of their lives desist from offending later on in life while others do not. It was was advanced by Robert J Sampson and John H Laub in 1993. This paper critically analyses the Age Graded Theory. It looks into its historical background, the strengths and flaws associated with it with a view of establishing why its proponents thought that desistance could best be explained by the theory. To this end, it explores the three-fold limbs of the theory. Besides, it examines how its salient ...

Overview of Kris

The file on Kris suggests that the shoplifting incident is his first offence as an adult. However, he might have offended as a juvenile since the Intensive Supervision Probation Program is for repeat offenders and it is also for offenders with a more violent criminal history. Kris is from a low-income family since he was unable to make bail. His offence also suggests that his economic condition is unstable. He pled guilty during his time in custody and the subsequent sentence suspension indicates that he completed probations successfully in the past; probably as a juvenile. Kris is in an ...

Enforcement of status offenses involves the arrest of the offender, referral of the case to the juvenile court, detention according to the prerogative of state institutions, adjudication by the case, and disposition of the case that could involve probation, fine, community service, treatment, counseling or out-of-home placement (OJJDP 5-6). Shifting perspectives towards more effective approaches can explain the recent decline in the enforcement of status offenses. There has been less enforcement of status offenses because of renewed advocacy for the requirement of the Juvenile Justice and Delinquency Prevention Act (JJDPA) of 1974 that young people charged with status offenses ...

Introduction

The paper will examine the differing of crime vs. sin in ancient and medieval times. The times where religion and law were not separated as today and where the religion played a major role in all areas also in the area of crime and punishment and where the sin and crimes were not strictly separated. The essay will find the examples in the history to try to prove that sins have been regarded as crimes and that they have a common history. The roots of today’s legal systems can be found in the history of ancient times and ...

In typical Shakespearean fashion, we have a soliloquy about Claudius in Hamlet that has left readers in tangles about the emotions and feelings that must have been going through this central character. The scene begins with Claudius in obvious turmoil for being responsible to sending King Hamlet to purgatory as a direct result of killing him before his sins could be atoned for. Claudius obviously understands the spiritual significance of this, as he is working to atone for his own sins. As a result, we now see Hamlet in turmoil as well. If he were to avenge King Hamlet’ ...

Impaired driving remains a crucial social problem in Canada and around the world. Under the Ontario driving regulations, impaired driving implies operating an automobile while under the influence of alcohol or drugs. It is considered an offence and may attract charges such as loss of license, vehicle impound, administrative monetary penalty, fine if convicted, and some jail time. The Canadian army of Mothers against Drunk Driving estimates that between 1200 and 1500 people die every year from alcohol and drugs related accidents. In Canada alone, impaired driving affects close to 70,000 individuals every year (InsuranceHotline.com).

Drinking and Driving

The effects of ...

Introduction

In the book, “The Behavior of Law” Donald Black tries to explain how the conduct of law is a social phenomenon. Black describes a general, quantitative and predictive theory that describes the various conditions within which law is applied or can be applied. Black argues that since law is a social phenomenon, it does not take into account the human nature concept. As such, law can be explained without incorporating a person’s motivations or any other psychological motivations. This means that the theory does not take into account the rationality of human beings and also the goals and ...

Introduction

A cruise on an empty road in Miami turns my uncle’s and my vacation upside down. After the Police pulled us over for speeding, the officers handcuffed my uncle Bob and placed him under arrest. Since we are from California and my uncle never set foot in Florida ever before. In addition, these officers have Uncle Bob’s entire rap sheet including the length of his prison sentences. This paper analyzes the various information systems used by police forces across the nation that provides law enforcement with instant information on any potential threats.

Process of transferring data from California to Miami

The police officers in Miami ...

Principles of War

The Battle of Chipyong-ni was a war held in Korea where the American and French armies were readily attacking the Chinese, who had invaded Korea with their intentions rather unclear. The war took place between 13 and 15 February 1951 and is probably one of the shortest yet most memorable battles of the 20th century. One of the major principles of war that has been highlighted by the Battle of Chipyong-ni is the need to attack the enemy during the nightfall. American troops learned the hard way that the best time to attack was at dusk after an ambush ...

Introduction

The several miscarriages of justice have been determined through the last years within the United Kingdom. However, current judicial system in the country is facing the radical question whether the justice system required the profound reformation. At first it should be said that miscarriage of justice represents the mishap and failure in achievement of certain goal. This failure exists in form of failure to attain the desired result which should be delivered by the state body having the judicial authority. The issue of efficiency in work of the Crown Prosecution Service in the prevention of the miscarriages in justice ...

The blueprint of murder has more criminality in it than the actual execution. Some murders are very impetuously carried out, often without much prior planning. In several cases murders are necessitated by considerations of self-defence, even in civil society. But murders that are a product of deliberation and stratagem cannot be seen at dichotomous levels of actual and attempted in retributive law. These should certainly be treated on a synonymous basis. Any attempt to take life is punishable unless there are rare extenuating circumstances, and a contemplated crime is not one shade different from an actual one. The fact ...

Sources of Law and areas of Law in Common Law Countries

Notion of common law and its features Common law has its origin in XI century and now exists in the USA, Canada, UK, Australia, New Zealand. This system law is regarded uncodified and is based on the case law as the main source of the interpretation of the rules. This statement implies that cases considered by the courts in the previous years should be respected and taken by the followers as the examples of notorious behavior accepted by the society. Therefore, the system of common law accepts the pivotal role of the precedent in the society. Besides, the common ...

Introduction

Criminal Procedure is the legal process of engaging state or government rules in outlying the procedures followed by law enforcing agencies in enforcing the criminal laws of the state. Criminal procedure hence encompasses the whole process of ensuring that crime offenders are brought before law and charged if found guilty and if not are acquitted (Esmein 21). Criminal law therefore includes sections such as investigative, evidence and adjudicative procedure that ensures non-tolerances to crime in the society. In this case, I am going to discuss the Investigative crime procedure.

Discussion

Investigative criminal procedure is the primary case in ...

Everybody has the right to choose the kind of life that they want, but they should be guided at every turn to choose a life that does force them into an early grave, a lifetime in prison, or the guilt of knowing that they have deprived an individual of the right to live. When a drunken driver causes damage or even death to any member of the society, this becomes a criminal offence. They choose to drink and drive knowing that driving under the influence of alcohol can only lead to negative consequences. The government of every country has a duty to correct negative ...

President William Jefferson Bill Clinton appeared before the Senate on the 7th January 1999 to face an impeachment trial upon charges of perjury and obstruction of justice. He was the second president of the United States to face such impeachment charges. The trial began in the Senate presided over by the Chief Justice William Rehnquist. The trial started with the swearing in by the Chief Justice and the reading of the charges against President Clinton before the 100 senators. The opposing sides went and deliberated on who would present their evidence and considered the question as to whether to ...

CPTED or Crime prevention through environmental design is the term which denotes the process of designing our environment in a particular way so as to minimize criminal activity. It advocates developing physical design features of a locality or building in a certain way that would eliminate criminal activities. This strategy focuses on the techniques that could reduce the security vulnerabilities of a particular region.

Origin of CPTED

The theory of CPTED was devised by C. Ray Jeffery, a well-known criminologist. Jeffry’s principles, which he published in 1971, initially were not received well. But later in 1971, Oscar Newman published a book called “Defensible Space: ...

Intention and knowledge of a crime cannot be of the same type of mens-rea. For example, murder and culpable homicide are intentional and knowledge based respectively. The intention based mens rea places mental element of murder foremost as an intention to cause death. At a lesser degree is an intention to cause a specific bodily injury which the offender knows will cause death of the victim. This is almost the same as the mental element for murder as the offender knowingly causes the bodily injury that it can cause death. As such, the offender is liable to be convicted for murder. Next ...

Psychological profiling started in ``the 1800s.”Some of the people that contributed to psychological profiling are Alphonse Bertiollon, Ernest Kretschmer, Hand Grosss and Jacob Fries. Psychological Profiling entails studying the crime committed and the manner the offence is committed, in order to establish a connection in crimes that indicate similarity in terms of the crime nature and mode of commission.

Jack the Ripper Case” is the first case whereby psychological profiling was applied to facilitate capturing the perpetrator of the crimes. Jack was a ``serial killer.”Jack killed five prostitutes before his capture. The profiling aided the investigators to formulate a mechanism ...

Question 1. Identify the four specific categories of computer crimes. Provide an example for each category and explain the influence on society and criminal justice operations that the crime has under each category.

According to Carter (1995), there are 4 general types of computer crimes. First is computer as target. In this category of crime, the computer is the target and types of offenses under this category include theft of intellectual property. Other crimes falling under this category include theft of market information, unlawful access of government records and trespass. This crime has a great influence on society and criminal ...

Question One: Change of legal status as a result of a conviction

Every citizen of the United States of America has constitutional rights which protect him or her from illegal searches by police officers. This is provided for under the 4th amendment which protects citizens from illegal searches and seizures. The exclusionary rule means that some evidence which is collected in violation of the defendant’s constitutional rights is inadmissible. The 5th Amendment of the constitution protects citizens from being witnesses against themselves. The 6th amendment is also another important right that cizens have, this provides the citizens with the right to counsel. The Miranda rights are also very important and ...

Introduction

Ever since the police and related agencies within states and the Federal Government initiated mechanisms for keeping data on crime, it has become easier to deduce the trends in criminal behavior and hence channel resources as duly required in combating such crimes. From statistical data gathered over a period of time; state machineries are able to restructure their strategies so that they better adapt to the changing face of criminality. The government can also rely on such data to initiate discussions that may precipitate to policy formulation, drafting of legislations, and development of the necessary institutional framework.

The state of ...

Question One: Four Modern Sentencing Options

Sentences are punishments for convicted defendants. The prescription of punishments for crimes is found in both federal and state statutes. There are four traditional sanctions that can be imposed in the modern criminal justice system are; the death penalty, imprisonment, probation, and fines. They are discussed in the ensuing sections.

Death Penalty, this is the most extreme sentence option. In the United States, 38 states have laws that can impose capital punishment. Majority of these states use lethal injection while some use electrocution to end the life of the accused. The death penalty is usually reserved for very serious ...

At the beginning of the 1990s through to the 2000s sexual offences became a trendy topic of discussion within the sphere of legislative discourse and public dialogue. The contention surrounded the crafting of criminal legislation that would reduce recidivism of convicted sex offenders and overly reduce sexual offence cases. The initial innovations resulting from the discourse were twofold. These were the sex offender laws, which made it a statutory requirement that convicted sex offenders regularly provide crucial identification information and contacts to law enforcement authorities, upon conclusion of their incarceration; and sex offender notification laws, the latter being complementary to the ...

Criminal justice may be defined as the art of ensuring that human rights are respected and credited accordingly. Contrary to this, action in form of justice is in return employed. Criminal justice is an extremely critical in development of public policies. There are various issues that are associated to justice with vehemently many questions being raised. However, the main question is on the ability of criminal justice to exist without values. The answer is that criminal justice cannot exist without values.

The first element that may be used to defend this answer is concerned with the fact that human ...

Introduction

Restoration is a process whereby the different parties that have a stake in a particular offence collectively resolve the best way to deal with the offence’s aftermath and the implication that it might have in the future. The purpose of restoration is to essentially restore into the community a group of offenders and victims who have resolved their conflicts.

As a crime prevention response or tactic, restoration strives to understand crime in its social context. It challenges the legal authorities to examine the root causes of violence and crime so that such cycles can be broken. The restoration approach towards crime prevention is ...

Statutory interpretation is the process by which courts and judges give meaning to enacted legislation and consequently apply it to a particular case. In the English as well as the Wales legal system, the doctrine of separation of powers prevails whereby Parliament is the supreme law maker. The Executive is charged with the responsibility of implementing the legislation as passed by Parliament while the Judiciary is the final arbiter which interprets legislation as enacted by Parliament. Thus, in tandem with the doctrine of separation of powers, the courts must keep within their ambit and ensure they do not arrogate to ...

An adversarial system is a justice system where parties to a dispute present their case before a neutral or impartial third party, either a judge or jury. Each party gets their turn to present their side of the story; this is done through arguments, evidence and law. During the proceedings, the third party acts as a referee between the two sides. An inquisitorial system on the other hand is where the third party is actively involved in the dispute as the investigator. In such system, the investigation is done by the court and if a claim or offence is established, the court then moves to ...

Article three of the United States constitution establishes the Judiciary arm of government. The judiciary structure of the United States in unique as it consists of two cardinal courts systems, which are different yet complementary. These include the state court system and the federal court system. The two systems are responsible for the determination of different cases and are entirely independent of each other. State trial courts vary in each state. However, there are two main sets of trial courts found in most states. These include limited jurisdiction trial courts that are concerned with family, probate and traffic cases, ...

Restorative justice is a process in which all parties involved, in an offence or crime consent collectively to repair the aftermath of the criminal act and its subsequent, future implications (Johnstone, 2011). This process often occurs in the form of face to face meetings depicting a powerful method of not only resolving physical and material injuries arising from the crime, but also addressing critical aspects such as relational, psychological and social injuries. This often leads to the desired outcome of transformation of individuals, communities and relationships within our societies.

The pure restorative process involves a series of organized and defined activities that ...

Over a long period of time, the federal government has had struggles in instituting the rules and guidelines on matters of sentencing. This is so because of the sensitivity of the judicial sentencing authority especially following the Reform Act of 1984 which came as a replacement to the former traditional sentencing policy. The Reform Act of 1984 is a more strict authority which is proscribed by the enactment of mandatory guidelines to deal with sentencing. There also arose the limitation brought by the Supreme Court’s decision on the constitutional grounds with the exercise of mandatory guideline provided for in the sentencing ...

Introduction

Before the establishment of the M’Naghten rule, it was not clear whether or not an insane individual could be judged as being guilty if the individual was accused of any criminal offence. The M'Naghten Rule refers to a rule that was established in 1843 in a case that involved Daniel M’Naghten and the then England Prime minister Sir Robert Peel, (Goldstein, 1980). The rule can be said to be test for criminal insanity. It is important to note that as per this rule on the basis of insanity reasons, the defendant cannot be judged as being guilty more ...

Designation: ______________________________________

Historical and Intellectual Background Cesare Beccaria Bonesana, one of the leading exponents of the social contract theory in criminology, outlined his philosophy in his treatise Dei delitti e dellepene which became symbolic of the Italian Enlightenment in the renaissance years that engulfed the European scene. His views on crime and punishment boasted of novel elements and were primarily centered on providing speedy justice with the penal measures being proportional to the delinquent act. Beccaria’s works were considered to be a protest against the law enforcement torture used to extract confession from the accused individuals. Beccaria’s views not ...