Your search returned over 400 essays for "criminal liability"
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Corporate Criminal Liability And The Potential For Rehabilitation

- In this article, Corporate Criminal Liability and the Potential for Rehabilitation I completely agree with the mind set of regarding a corporation as an individual. Criminal crimes are classified as crimes against society and while corporations are not individuals they can still be punished. A corporation can have tremendous influence on how the flow of an economy goes and therefore should be punished criminally. The ability to impose criminal punishment to a corporation can also serve as a deterrent from violating the law....   [tags: Criminal law, Crime, Punishment, Criminal justice]

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Criminal Liability and the Use of Force

- Criminal Liability and the Use of Force In today’s world it is of utmost importance that law enforcement understands how to determine culpability with regards to criminal activity as definitions surrounding what constitutes a particular crime can be confusing. Just as important is the ability to know when to use force, what constitutes use of force, and how that force can and cannot be applied. In determining culpability one must remember that criminal responsibility also has the potential to be used to excuse a person from acts committed that could result in arrest, incarceration, or other legal sanctions (Gardner & Anderson, 2012, p....   [tags: law enforcement, global companies]

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Criminal Liability

- Criminal Liability “In a just society criminal liability should never be imposed without some degree of blameworthiness” Offences of strict liability are those, which do not require any mens rea with regards to at least one or more of the actus rea. The mens rea usually requires intention and or recklessness. However some crimes are possible to commit without any knowledge, intention or responsibility on behalf of the defendant....   [tags: Papers]

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Strict Liability in Criminal Law

- It is the purpose of this essay to discuss whether the implementation of strict liability within criminal law system is a necessary means for combating crime, and if there is any justification for its use. Strict liability is the placing of liability upon the defendant(s), regardless of whether or not mens rea is present. This can include instances of negligence, carelessness or accident. There are a number of arguments for and against strict liability, and this essay will identify and explore these arguments....   [tags: Criminal Law Essays]

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Liability in Criminal Law

- 'Liability in criminal law normally requires the prosecution to establish that the accused has caused the relevant prohibited consequences or conduct to occur. For instance, in homicide, that the accused has caused the victims death.' Within the English Legal System, the chain of causation is established via numerous principles, which have been recognised by case law, as the problem areas have come before courts. It is clear that when ascertaining whether the defendant is the person to fix liability, the courts will look at two main issues....   [tags: Criminal Law Essays]

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Assessment of the Likley Risks of Tort and Criminal Liability

- Assessment of the Likley Risks of Tort and Criminal Liability Dear Mr. Bond: The purpose of this letter is to identify and assess the likely risks of tort and criminal liability arising from the operations of Joe’s Landscaping and Tree Trimming (JLTS) business. The assessment will supply guidance as Joe selects his insurance needs. ”Tort liability is a claim against JLTS or its employees for damage to or loss of property or personal injury or death. Such claims may be brought only for damage, injury, or death arising out of the activities of JLTS” (Palk, 2001, p.1)....   [tags: Tort Law]

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The Insanity Defence, in Need of Reform?

- Introduction 1. The concept of insanity and its possible use as a defence in the negation of criminal liability first appeared in R v Arnold. Tracy J put forward that if an offender is "totally deprived" of their "understanding and memory", then they should never be subject to punishment. The notion of criminal insanity was further developed in R v Hadfield. This case lead to The Criminal Lunatics Act 1800 being passed; to allow for the detention of insane individuals. 2. This report will concern itself, however, with the current law and it's efficacy for dealing with the 'insane'....   [tags: Negation of Criminal Liability, Current Law]

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Types Of Participant Liability Under Common Law

- The four types of participant liability under Common Law are Principal in the first degree, Principal in the second degree, Accessory before the fact and Accessory after the fact. (Anderson, 2015). Principal in the first degree is described as the person who actually committed the crime. This person that committed the crime does not need aids when committing the crime, depending on the crime. The person that is charged with the first degree usually receives the death penalty or life in prison. Example of a person that can be charged with first degree; A man that is married to his lovely wife but have thought of killing her sometime....   [tags: Law, Police, Insanity defense, Criminal law]

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The Purpose of Criminal Law

- Even though constituents of civilization may protest about the laws that control their daily lives and dispute in opposition to government power on principle, civilization could not accurately function without laws and without criminal regulation in particular. For centuries many have seen the principle of criminal law and of the government and the legal system collectively, as essential for the “smooth implementation of society and the conservation of order” (Duff, 2008). This view of criminal law considers it as part of the social agreement planned by Thomas Hobbes....   [tags: Criminal Law Essays]

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The Definition of Insanity as it Relates to Criminal Offences

- The insanity defense is a defense asserted by an accused in a criminal prosecution to avoid liability for the commission of a crime because, at the time of the crime, the person did not appreciate the nature or quality or wrongfulness of the acts. The insanity defense is used by criminal defendants. The most common variation is cognitive insanity. Under the test for cognitive insanity, a defendant must have been so impaired by a mental disease or defect at the time of the act that he or she did not know the nature or quality of the act, or, if the defendant did know the nature or quality of the act, he or she did not know that the act was wrong....   [tags: Criminal Justice ]

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Causation Of The Criminal Law

- Chapter Three - Causation in the Criminal Law Chapter three allowed me to discover many new concepts including the legal definition of death, the difference between factual and legal causation, the difference between active and passive euthanasia, what assisted suicide is, and that there can be more than one cause of death. Much of this chapter focused on focused on causation. “ In all cases where consequences are an essential element of the actus reus, it is clear that the Crown must prove that "but for" the actions of the accused, the prohibited consequences would not have occurred.” (Lecture Slide, Sept 24(2) PPT) The consequences of someone’s actions must be foreseeable, and there...   [tags: Criminal law, Murder, Assault, Euthanasia]

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The Role Of Victims Of The Criminal Justice System

- In recent years the role of victims in the criminal justice system has risen into prominence, inspiring much research into victim experience and possible reform. There are a multitude of factors that influence policy makers in relation to reforming the criminal justice system, one of which is victims. However, victims while they can be catalysts for reforms such as the case of James Ramage among others, they still play a relatively minor role in influencing policy change. The idea of victim-oriented crime prevention holds that the majority of victimisation that occurs centres around a relatively small percentage of the population and that targeting crime prevention efforts and policy at pote...   [tags: Crime, Criminal justice, Criminal law, Victim]

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Corporate Crime And Corporate Criminal Law

- It is illogic to rely on individual 's responsibility of employees, or internal rules of companies, in order to govern corporate. Moreover a law that companies be held accountable for their actions has become inadequate. As a consequence, a new strong legislation is required. Goldson S. (2015) point out that transparency and judgment of corporate has grown significantly in the last decade by promoting of new legislation that adequate with international criteria. Therefore, this may be considered as the best accomplishments, whereas more actions now are needed again....   [tags: Criminology, Crime, Criminal law, Criminal justice]

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Criminal Procedure

- The due process and crime control models, both created by Stanford University law professor Herbert Packer, represents two opposing method of principles functioning within criminal justice system. Although the models describe the important facets of the politics and practice of criminal justice, both have been criticized since presented by Packer in 1964. Presently both models are acknowledged as imperfect standards to explain the politics and law of criminal justice. The crime control ideal represents traditional principles, whereas the due process belief reflects moderate values; therefore generating conflict evident throughout the years....   [tags: Criminal Justice ]

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Criminal Justice : An Epidemic Of Racial Bias

- Criminal justice stakeholders affected by various social, political, economic, and institutional forces throughout the last five decades have implemented policies that have increased reliance on incarceration and its punitive purpose. In contemporary criminal justice reform efforts to scale back mass incarceration, some of the most active stakeholders have been this year’s presidential candidates, the for-profit prison industry, and community-based organizations. Democratic nominee Hillary Clinton described mass incarceration as an epidemic of racial bias in which a third of black men will go to prison during their lifetimes, mostly for low-level, nonviolent offenses....   [tags: Police, Crime, Criminal justice, Prison]

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Police Abuse And Civil Liability

- Police abuse is a relevant and timely issue that affects communities across the country. The majority of victims of police violence are ethnic (particularly people African-American and Hispanic descent). Civil liability is legal damages awarded in a civil lawsuit. The award amounts due to civil liability suits against police departments is the subject of heated debate and media scrutiny. There are several studies which review the use of excessive force. Three articles in this literature review discuss the use of excessive force; two in regards to civil liability while the third is a survey of officers’ attitudes....   [tags: Police, Police brutality, Police officer]

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The Mythology Of Crime And Criminal Justice

- The Mythology of Crime and Criminal Justice      Crime is defined as: commission of an act or act of omission that violates the law and is punishable by the state. Crimes are considered injurious to society and the community. As defined by law, a crime includes both the act, or actus rea, and the intent to commit the act, or mens rea. Criminal intent involves an intellectual apprehension of factual elements of the act or acts commanded or enjoined by the law. It is usually inferred from the apparently voluntary commission of an overt act....   [tags: Criminal Crime Crimes Essays]

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Liability Causes of Action against Law Enforcement Personnel, Supervisors, and Agencies

- Introduction Enforcing the law is a complex and a continuously evolving challenge. Likewise, managing the enforcers can be equally if not more challenging. Gone are the days of “We gave you a gun and a badge, go forth, and do the right thing!” At every turn, the modern law enforcement agency should be cautious about exposing itself to situations that create high or unnecessary risk. By utilizing thorough risk assessment techniques, continuous forecasting combined with continuous training; we can bolster and mitigate the agencies defense against liability....   [tags: equality, civil liabilty]

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Criminal Justice System And Crime Control Model

- When examining criminal justice systems it is important to note two important criminal justice models, the due process model and the crime control models. Most governments function based on several aspects from each criminal justice model; these crime models were initially introduced by Herbert Packer in 1968 (Cole, Smith, & DeJong, 2014). The due process model in the criminal justice system reflects the formal decision making process and highlights the importance of ensuring the criminal justice system works upon reliable knowledge (Cole, Smith, & DeJong, 2014)....   [tags: Law, Criminal justice, Crime, Common law]

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Criminal Justice: Racial Disparity and Discrimination and O.J. Simpson

- Criminal law is based on the principle of actus non facit reum nisi mens sit rea. The principle is to the extent that a man is not guilty of his acts, actus in the absence of a guilty conscience, mens rea (Gardner, 2009). To this end, criminal law justice provides that the person alleging the commission of a crime must proof beyond reasonable doubt that the accused person(s) possessed mens rea, if the court is to hold a criminal liability against the accused. In the case of People of the State of California v....   [tags: criminal law, O.J. Simpson Trial, justice system]

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Exploration of English Criminal Law

- The British legal system convicts or acquits criminals based primarily on two principles - actus reas (guilty act) and mens rea (guilty mind). In order for an unlawful situation to arise, both these conditions must be present. The actus reas of a crime deals with the circumstances and consequence of the crime whilst the mens rea is considering the state of mind of the person committing the crime. A hypothetical situation would be one of D intending to kill X and subsequently carrying this out - D would have both the actus reas and the mens rea and could be trialled....   [tags: Criminal Law Essays]

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A Brief Note On Willful Blindness And Criminal Law

- C. A tippee can satisfy the knowledge requirement of insider trading with imputed knowledge. A tippee has knowledge of a tipper’s breach if the tippee is willfully blind to the breach. Criminal law has long provided that a person cannot avoid liability by hiding from facts that a reasonable person would know. Stone v. United States, 113 F.2d 70, 75 (6th Cir. 1940). Willful blindness is an alternative method of proving that a defendant acted knowingly or willfully. Global-Tech Appliances, Inc. v....   [tags: Jury, Criminal law, Grand jury, Court]

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Does the South African Criminal Law Need a Defence of Entrapment?

- Does the South African Criminal Law Need a Defence of Entrapment. Criminal law is the branch of national law that defines certain forms of human conduct as crimes and provides for punishment of those persons with criminal intent who unlawfully and with a guilty mind commit a crime.1 accused cannot plea a successful defence, his conduct is unlawful. If he meets the other requirements for criminal liability, he is liable for the crime that he committed. If he pleads a successful defence, he should be acquitted....   [tags: law exchange, criminal law]

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Criminal Law Case Study

- Sara was teaching her husband, Tom to drive but he was a slow learner frequently subjected to excessive criticism by Sara and there were numerous arguments between them. During the course of a lesson, Sara suggested to Tom that he was not using the clutch properly. Tom made no reply but, a few minutes later, suddenly steered the car off the road into a ditch. At the time, Sara was not wearing her seatbelt and she was thrown through the windscreen and badly injured. Had she received prompt treatment, she would probably have survived but her body was not discovered until three hours later....   [tags: Criminal Law Essays]

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Criminal Law Case Study

- H was a world famous darts player. He was demonstrating his skill at an outdoor fete in aid of a charity. H offered 50 to anyone who would place an apple on his head and permit H to throw a dart at it. H contemplated the risk of hitting such a person. I volunteered, placing the apple on his head. H threw the dart but sudden gust of wind caused the dart to deviate from trajectory and hit I’s ear. I’s blood dripped onto I’s coat. The dart continued on to hit an electric cable, setting fire to a fete tent....   [tags: Criminal Law Essays]

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Civil Liability And The Civil Rights Act Of 1871

- When officers are negligent or abuse their authority, they are open for civil liability. This may result from false arrest, brutality, and the use of excessive force allegations that the officer intentionally violated their constitutional and civil rights. Such allegations may be the result of corruption and abuse of one’s authority under the law. Civil liability reflects private interests of a person or property resulting in money damages and not those of a criminal nature. Although, civil liability can be coupled with criminal sanctions depending on the circumstance surrounding the situation such as those surrounding wrongful death suits if the officer intentionally or negligently caused...   [tags: Law, United States Constitution, Police]

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The Crime Of The Criminal Justice System

- Crimes come in many different shapes and forms. To define these crimes, there are also many different elements to an act that makes it a crime. This goes for both complete and attempted crimes. When it comes to attempted crimes, the Criminal Justice system uses three different test to help define and distinguish if a person is guilty of attempting a crime. These test are the last act test, the physical proximity test, and the dangerous proximity test. Each test has its own elements and requirements that must be met for the crime be considered an attempt....   [tags: Crime, Criminal justice, Criminal law, Police]

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Criminal And Civil Court Systems

- Criminal and Civil court systems A number of differences exist between the criminal and civil court systems. In the criminal court system, the victim reports the crime to law enforcement who may investigate. If adequate evidence is found during investigation and an arrest is made, a prosecutor files charges against the defendant. The criminal court system considers the crime to be committed against the state rather than against the individual victim. In a criminal case, the prosecutor acts as the attorney for all the people of the state or jurisdiction....   [tags: Criminal law, Murder, Law, Legal burden of proof]

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Exploring Strict Liability

- Exploring Strict Liability Strict liability is a legal doctrine in tort law that makes a person responsible for the damages caused by their actions regardless of culpability (fault) or mens rea. The plaintiff needs only to prove that the tort happened and that the defendant was responsible. Neither good faith nor the fact that the defendant took all possible precautions are valid defences. Strict liability often applies to those engaged in hazardous or inherently dangerous ventures....   [tags: Papers]

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Risk Management: Legal Responsibility

- Liability means that someone has a legal responsibility that is owed to someone else and in businesses liability cases are usually addressed and settled with some form of denomination or compensation. When hospitals are involved with liabilities it can be very costly when litigation is formed. Managing a hospital and knowing the risks involved helps to decreases litigations and possible liabilities. Being compliant and understanding the laws and what is required of the hospital can help minimize any further liabilities and decreases the chance of using a lawyer to represent the hospital in a law suite....   [tags: business liability, direct liability]

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A Brief Note On An Asset Or A Liability?

- Bookkeepers: An Asset or a Liability. Mired in dread by most and oft an exercise in futility, business owners spend agonizing hours tracking and paying obligations, calculating payroll, balancing checkbooks, and soliciting payments from past due accounts. From a place of naiveté, most business owners initially deny delegating these fundamental tasks to a seasoned bookkeeping professional whereby reasoning this method of business operation will improve their bottom line. Furthermore, each year a growing number of business owners find themselves scrambling in a near panic, sometimes successfully, sometimes not, to assimilate records in order to present to a CPA to meet tax deadlines....   [tags: Small business, Business]

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Relationship Between Tort And Criminal Law

- 1. What is the definition of an "ex post facto" law and why are they unfair. Ex post facto is a law that retroactively changes the lawful results of activities that were conferred, or connections that existed, before the authorization of the law. It is out of line since it might criminalize activities that were lawful when perpetrated; it might exasperate a wrongdoing by bringing it into a more extreme class than it was in when it was carried out; it might change the discipline recommended for a wrongdoing, as by including new punishments or broadening sentences; or it might modify the tenets of confirmation so as to make conviction for a wrongdoing likelier than it would have been the poin...   [tags: Criminal law, Law, Common law, Crime]

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Addressing Unethical Behavior in the Criminal Justice System

- To understand the ethical challenges in the criminal justice system, I took a look at the three parts of criminal justice, Policing, Courts, and Corrections. In doing so I found that this is quite a large topic. The areas I would like to touch on are; those areas in which the newly hired police officer, lawyer, and corrections officer my face. Having only the training he/she was given in their respective academy’s or in the case of attorneys Law School, and with the Oath of office they had just sworn to, hopefully still in, and the men and women they are placed with to guide them; above all their own s...   [tags: Criminal Justice Ethics]

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Limited Liability

- The term “Limited liability” is generally used to describe a situation where a person is excused entirely or in part from incurring a debt after taking an action which would have required under the prevailing rules of the legal system that they pay money. The doctrine of limited liability as it relates to corporate law is central to the principle that a company upon incorporation assumes a corporate personality independent of its members. This means that a new legal person is created at law and accordingly has its own assets, liabilities and rights, inter alia, to enter into and be bound by its own contracts....   [tags: Business Finance ]

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Legal Liability ( 1 ) - Digital Millennium

- Legal Liability (1) - Digital Millennium - Copyright Infringement The Digital Millennium Act will aid my business in the future. According to FindLaw, Online Copyright Infringement Liability Limitation, will serve in my business. Some of the content of my work will be supported my others material, as well as original material. Amends copyright and criminal statues to provide greater copyright protection and penalties for electronic copyright, Area, Act, Date, Description, Copy protection Digital Millennium Copyright Act ( update to 17 USC 101) Court Case (1) - Digital Millennium The Digital Millennium Act will was a law in place to protect the digital age and create a series o...   [tags: Copyright, Copyright infringement]

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Criminal Justice : The Essentials

- Literature Review In Steven P. Lab’s (2013) book Criminal Justice: The Essentials, in chapter two, Lab discusses the importance of the terms mental capacity and M’Naghten’s rule; as well as specialized courts. Mental capacity as defined in the book is a defense to criminal liability in which offenders’ mental states can reduce or absolve them of liability. (Labs, 2013, p. 36) In other words the offender must have sufficient knowledge that he/she is committing a crime and can distinguish right from wrong....   [tags: Mental disorder, Psychiatry, Insanity defense]

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The Criminal Justice System Of The Past Has Restored Modern Law Enforcement

- In my essay I will be explaining how the Criminal Justice system of the past has effected modern law enforcement. In my paper, I hope the reader will see my connection of the issues that I am addressing but also hope to engage the reader and provide enough information that the reader has a better understanding on my paper. The criminal just systems of past and modern societies are a group of institutions that work together to protect and serve a society, prevent and help control crime and ultimately maintain justice while enforcing laws that are regulated by society....   [tags: Police, Crime, Criminal justice, Law]

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Analysis Of The Tinker And Tailor 's Home Security

- There has been a breach of contract for the Tinker’s Home Security Service and the Tinker & Tailor’s Home Security Service.The matrix chart, I have included will help will compare and contrast the personal liability exposure as an owner In each of these business entities, such as, a sole proprietorship, general and limited partnership, corporation and limited liability corporation, I will analyze how I might limit my liability as a business owner.. I will also examine the business I plan to own one day....   [tags: Corporation, Limited liability company]

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Personal Liability Case Study

- Personal Liability Case Study Assessment of the likelihood of Sid and Kenny avoiding personal liability for the debts of the company. This question deals with directors avoiding personal liability for debts of a company, especially within the category of fraud, which is applicable to this scenario. This question also deals with lifting the corporate veil as if the directors are found to be liable the veil will need to be lifted, so as to expose the members whom are found to be liable....   [tags: Papers]

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Legal Liability of Parents

- Legal Liability 0f Parents Parents should and should not be held legally responsible for their children’s actions. Parents who are incompetent and parents who are in the system themselves should be held responsible for their children’s actions. Parents who are handicapped and parents who are competent should not be held responsible for their children’s actions. Parents that do not rear their children should be held responsible. There are parents who do not care what the child does as long as they are not in there way....   [tags: essays research papers fc]

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Product Liability

- In this age of endless lawsuits and litigation from everyone suing everyone else, one must ask the question “where does product liability end and consumer responsibility begin?” This question has been further complicated by occurrences that stretch to the most far-reaching ends of this spectrum, the spectrum ranging from strict product liability of the company to complete consumer responsibility. On the strict product liability of the company side, we have the cigarette industry where the CEOs of the largest cigarette companies denied that their product was liable for the cause of addiction....   [tags: essays research papers fc]

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Dennis' Liability for the Deaths of Sarah and Mary

- Dennis' Liability for the Deaths of Sarah and Mary In this situation, the prosecution will not be able to bring the case for murder but they can have involuntary manslaughter on Dennis for the act he played which resulted in the deaths. Involuntary manslaughter is the unlawful act of manslaughter, which is also known as constructive manslaughter or gross negligence manslaughter. In this situation, Sarah and Mary died as a consequence of Dennis' act, which was an unlawful act of criminal damage, which will result in the charge of unlawful act manslaughter....   [tags: Papers]

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Genetic Factors and Criminal Behavior

- In this article the two authors research the connection between genetic factors and criminal behavior. They look at the causes that make someone act in a criminal way. There are several factors looked at in connection to the cause such as social factors and environmental variables. The social factors being the more examined of the two. They hypothesized that other factors in performance or alone with environmental variables would lead to better understanding of why some people become criminal. The genetic factor of influence due to mental disorders was posed to have a slight role in affecting people to show criminal behavior....   [tags: essays research papers]

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Beliefs and Values of an Unethical Criminal Justice System

- The criminal justice system is a system of law enforcement that is involved in prosecuting, sentencing, and punishing those who have committed a criminal offence. When every member of society is aware of their individual rights and the laws enforced, the criminal justice system is very effective, but when a contributor to society is mentally insane and commits a criminal offence everything changes. In Frontline’s A Crime of Insanity, a twenty-six year old psychology student, Ralph Tortoricci, walked across the Albany campus of the State University of New York with a hunting knife and a Remington .270 rifle....   [tags: justice, law enforcement,crime]

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Mens Rea: The Mental Element

- Mens rea known as the “mental element” of an offence has long been regarded as a crucial factor in criminal law, aiming to ensure that only those who are blameworthy are punished for crimes thus inputting the role of fairness into the criminal law system. H.L.A Hart agreed with this fairness rationale arguing that it would be wrong to convict and punish anyone who had not been given ‘a fair opportunity’ to exercise the capacity for ‘doing what the law requires and abstaining from what it forbids.’ “The general rule is that no crime can be committed unless there is mens rea.” But this is departed from when creating strict liability offences....   [tags: fairness, liability, law]

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English Law's Uses of the Concept of Fault When Deciding Liability or Guilt

- English Law's Uses of the Concept of Fault When Deciding Liability or Guilt Fault is regarded as blame, or responsibility for doing something wrong. This concept of fault is integral to the English legal system when it comes to deciding guilt of liability. In fact, in many areas of law if fault could not be assigned, the system would fall apart as liability can only be found if fault is established first. Fault is particularly important to Tort law, where fault is often a requirement of the mens rea....   [tags: Papers]

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Juvenile Justice: Age and Judicial Culpability

- This paper will first define culpability, explore its various levels and examine how it is used during sentencing. Next, this paper will examine literature that supports the belief that age is not the key factor in determining culpability and should not be used to determine guilt or innocence during trial. Finally, this paper will suggest that trying juveniles as adults and remanding them into adult facilities is ineffective at decreasing juvenile crime rates. These issues will be reviewed to determine if physical (chronological) age is a justifiable cause to lessen culpability or an excuse used to mask the ineffective research efforts of lawmakers....   [tags: Criminal Justice]

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Youth : Youth And Justice

- Youth and Justice Introduction Changes in public opinion, as well as in criminal justice legislation, have begun to recognize and reflect the unique circumstances at play in the lives of youth who commit crime. That is, it has become widely recognized that the justice system cannot treat youth offenders with the same response that adult offenders are treated with. Minaker and Hogeveen (2009) support this claim and state that youth require “a qualitatively different response” (p. 249). Two examples that reflect this sentiment are: the notion that youth are biologically and psychologically underdeveloped when compared with adults, and that youth possess a unique combination of risk an...   [tags: Crime, Criminal justice, Criminal law]

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Deterring Juvenile Criminal Activity

- Deterring Juvenile Criminal Activity Arresting juvenile shoplifters can help deter future criminal activity. Despite millions of dollars spent by retailers each year on surveillance and enforcement devices to deter theft, shoplifting continues to be a major crime problem. Store security personnel detect as many as two million shoplifting cases per year, but many are not reported to the police. And of the almost 400,000 shoplifters detained and turned over to the police annually, the vast majority are not arrested partly because shoplifters often are not tried and sentenced....   [tags: Papers]

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Criminal Responsibility and Homicide

- Criminal Responsibility and Homicide A killing can be either lawful or unlawful. Killings that are lawful are those by the police, armed services and doctors in strictly controlled circumstances. An unlawful homicide is considered to be those of: murder, voluntary manslaughter, involuntary manslaughter, infanticide and death caused by dangerous driving or careless driving. Homicide in criminal law is the killing of a human being by the act, procurement, or negligence of another....   [tags: Papers]

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The Theory Of Scientific Critique

- Individual responsibility provides a just and effective base that current Australian legal system. This following essay will analyse how the criminal justice system rests upon the idea of individualised responsibility with reference to the main two core principles that make person criminal liable, these being the Latin phrases Mens Rea “guilty mind and atus reas “Guilty act”. These two core principles will then be used to critically analyse the current model of individual responsibility to support that it is an effective and fair system for Australian criminal law....   [tags: Crime, Criminal law, Criminal justice, Police]

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Federal RICO Statutes

- RICO, which stands for Racketeering Influenced and Corrupt Organizations Act, was created in 1970 by the United States Government as a way to help courts fight organized crime. These types of organized crime are often called white collar crimes and they can range from fraud and embezzlement to bribery. Before RICO was established it was far too easy for a person higher up the ladder or ranks of a company or gang to dodge any sort of prosecution for their actions simply because they were not the person who actually did whatever deeds that were being prosecuted....   [tags: Criminal Justice]

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A Living Amendment: The Fourth Amendment to the Constitution

- A Living Amendment The Fourth Amendment to the Constitution is the most essential Amendment of all for employees working in the criminal justice field. This Amendment sets the foundation for the criminal justice system and implements mandatory guidelines for governmental employees. When the Constitution was originally created, its sole intent was to place limitations and restrictions on the federal government. The Constitution, as a living document has changed over the years and has continually been interpreted to keep up with America’s ever growing diversity and use of technology....   [tags: foundation for the criminal justice system]

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Weight of Marijuana and Criminal and Tax Law

- Weight of Marijuana and Criminal and Tax Law Conclusive research has shown that wet (uncured) marijuana is not psychoactive. Before drying, decarboxylation of inactive THCA acid into THC has not yet occurred. During the curing (drying) process, the COOH bonded to the THC is released. The result is the psychoactive compound delta9 THC. The State of North Carolina’s laws do not distinguish between the uncured weight of marijuana from the cured (dry) weight, necessary for marijuana to be consumed or sold....   [tags: social issues]

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Juvenile Criminals

- At what stage does the ability to condemn an adolescent individual to a punishment sustaining such a severity that his ability to engage in childhood activities, to enjoy the nurturing care performed by his mother or to such a serious degree that to simply draw breath becomes instantaneously jeopardized by the single syllable of an agonizing decreed. Guilty. To conceive what thoughts circumnavigate the mind possessed by the predestined defendant still unable to obtain a drivers permit, or the parents are unimaginable, both morbid thoughts....   [tags: Criminal Justice]

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Law as a Deterrent: The Trinidad and Tobago Anti-Gang Act 2011

- The Trinidad and Tobago Anti-Gang Act 2011, strives toward making provision for the maintenance of public safety and order through discouraging membership of criminal gangs and the suppression of criminal gang activity and for other related matters. It seeks to reduce criminal gang activity by making membership of gangs and related activities unlawful; these comprises involvement in a range of offences including murder, robbery, larceny, arson, firearms and ammunition offences, drug trafficking, rape, kidnapping and attempts to commit any of those offences (Act No....   [tags: public safety, criminal activities]

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836 words | (2.4 pages) | Preview

The Sarbanes Oxley Act Of 2002

- With increasing frequency; the news is reporting many new fraud investigations and cases. The positive side of these fraud reports shows that people are getting caught. Many times it takes years of fraudulent activity to occur before the individual is caught. Billions of dollars are lost by companies and individuals every year. However; in more recent years, companies and individuals are learning more about how and why fraud occurs. For a company; the Sarbanes-Oxley Act of 2002; has aided in the detection of fraudulent activity (Bumgardner, 2003)....   [tags: Criminal law, Jury, Trial]

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Ethical Decision Making Inside The Field Of Criminal Justice And Policing

- Lon L. Fuller was a scholar and a former professor at Carter of Jurisprudence at Harvard Law School, who lived from 1902 to 1978. (Fuller, 1965) Fuller 's books and articles have been converted into all the major languages and his works still broadly studied in law schools throughout the world. In the Morality of Law, “Even if a man is answerable only to his conscience, he will answer more responsibly if he is compelled to articulate principles on which he acts.” (Fuller, 1965) This essay will apply the Fuller 's Principle, as referred to above, and response to three genuine scenarios in regards to ethical decision making inside the field of criminal justice and policing....   [tags: Police, Ethics, Constable, Police officer]

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1370 words | (3.9 pages) | Preview

Insanity/Automatism Defense in Court

- A defence in criminal law arises when conditions exist to negate specific elements of the crime: the actus reus when actions are involuntary, the mens rea when the defendant is unaware of the significance of their conduct, or both. These defences will mitigate or eliminate liability from a criminal offence. Insanity, automatism and diminished responsibility are examples of said defences. They each share characteristics but can be distinguished in their scope and application. Insanity, automatism and diminished responsibility all play a significant role in cases where the defendant’s mind is abnormal while committing a crime....   [tags: Crime, Criminal Law]

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Crime Is A Crime Free Life With A Good Living

- Furthermore, people who are really able to stay in their job and not go back to crime become some of the best employees. They work harder because they have to prove that they are changed and can be good workers. That’s not the only benefit for hiring someone that was incarcerated in the past. Employers can also get tax cuts and extra money for hiring people with a past criminal record. There are also many programs started to help recover those with mental issues so that they can get back on track to living a crime free life with a good living....   [tags: Crime, Criminal law, Employment, Arrest]

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The New Booking Diversion Program

- 1. The types of diversion programs that are currently used are, pre-booking, post-booking, and post-plea. The pre-booking diversion program is also known as a pretrial diversion program, this may be the most beneficial diversion program because it intervenes just before an offender is charged with a crime, and tries to keep the offender out of jail entirely. Highly trained criminal justice personnel usually aim toward offenders that have a serious mental illness and are trained to recognize the symptoms of mental illnesses....   [tags: Crime, Prison, Criminal justice, Sentence]

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Pros Of Limited Liability : Liability

- Pros of Limited Liability • Limited liability: This means that the owners and shareholders personal property are protected when the LLC is bankrupt or sued. Also, in some cases of fraud and illegal acts the courts will pierce the corporate veil that protects the member or members so that they become personally liable for such acts. However, it was said that since there are little to no precedent in this area of such law it is difficult to determine under which circumstance the veil would be removed....   [tags: Corporation, Limited liability company]

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Significance Of Motive And Mens Rea

- Consider and explain the significance of motive and mens rea in the development of criminal liability in Scots law. All crimes must have a behavioural element (the actus reus) and usually a mental element (the mens rea) for a person to be held criminally liable. It is widely accepted that the general rule is; the commission of an illicit act under criminal law (an actus reus) will not be satisfactory to prove any criminal liability unless an essential mental element is present. Each crime has its own mens rea requirement (with exceptions to offences of strict liability) and in order to fulfil that requirement the accused must indicate that particular mental state when committing the crime....   [tags: Criminal law, Crime, Mens rea, Actus reus]

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1419 words | (4.1 pages) | Preview

The Crimes Of A Crime And An Act

- 1. Make specific and general discussion comments that define and differentiate between the inchoate crimes of "attempt, solicitation, and conspiracy." Give examples of each of these criminal law key term words. When it comes to the elements of attempt there are two. It is the purpose or intent to commit a specific crime and an act(s) in order to carry out the intent. There are two types of attempt statures and they are general attempt statute and specific attempt statute. General attempt statute is a single statute that involves the attempt to commit any crime in the state’s criminal code....   [tags: Criminal law, Crime, Actus reus, Crimes]

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1077 words | (3.1 pages) | Preview

The Model Penal Code Section 2.01

- In the Model Penal Code, section 2.01 discussed are the requirements of voluntary act; Omission as Basis of Liability; and Possesion as an Act. Mainly focusing on the “Voluntary” and “Involunatary” sections, first, stated is that “A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or the omission to perform an act of which he is physically capable. Secondly, stated are acts that are not voluntary wihin the meaning of this section following as, “A reflex or convulsion; a bodily movement during unconsciousness or sleep; conduct during hypnosis or resulting from hypnotic suggestion; and a bodily movement that otherwise is not a product o...   [tags: Criminal law, Actus reus, Meaning of life]

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1342 words | (3.8 pages) | Preview

Will Work for Room and Board: Prison Labor in America

- American prisoners receive free medical attention, housing, meals, utilities, use of exercise equipment, and laundry services. The cost of these services amount in the billions of dollars a year and government budgets are straining to accommodate these fiscal requirements. “There’s special urgency in prisons these days,” “As state budgets get constricted, the public is looking for ways to offset the cost of imprisonment” (Brown). This economic concern requires work programs to aid in the relief of financial burdens incurred from convicted criminals....   [tags: Criminal Justice]

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1473 words | (4.2 pages) | Preview

Ingredients of Actus Reus

- Introduction This paper provides an understanding of the different ingredients of actus reus in criminal law. It covers relevant literature as well as analyzes case law on the concept. What is actus reus. An individual in the normal course of events cannot be accused or be held liable for a serious criminal offence unless two elements are present, firstly, the mens rea or guilty mind and the physical element or actus reus. This principle is often stated in the form of a Latin maxim; actus non facit reum nisi mens sit rea which means that a person cannot be held guilty of a crime unless his mind is also guilty....   [tags: guilty, criminal law, conduct, act, causation]

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The Safety Of A Community

- The safety of a community has always been important to Texas citizens. Whether it comes to administering punishment, enacting legislation tough on crime, or creating community watch groups – Texans have a vested interest in keeping their neighborhoods safe from crime. As a result, ex-offenders who have served their sentences continue to have their activities scrutinized by weary citizens. You 'll seldom find former these individuals being welcomed openly into any neighborhood. This apprehension leads to communities outcasting former criminals and includes advocating for legislation to make it tough for these people to obtain housing, for example....   [tags: Crime, Criminal justice, Criminal law, Conviction]

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719 words | (2.1 pages) | Preview

Lowering Insurance by Decreasing the Liability of an Insurer

- Much of the foreclosure crisis has been attributed to lending practices and the failed ability of borrowers to continue making payments. While subprime mortgages are a known and currently being addressed issue, other factors influence a borrower’s ability to pay and the true amount owed. Traditional mortgages include multiple “baked in costs” with each monthly payment. Reducing these costs has the greatest opportunity to re-establish a borrower’s ability to repay their mortgage and distribute liabilities between all stakeholders – without undue burden on any party....   [tags: Liability, foreclosures, ]

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1361 words | (3.9 pages) | Preview

Benefits Of Limited Liability Corporation

- Utilizing & Restricting the Indispensable Limited Liability Corporation Efficiently Traditionally, the corporation is deemed to be a tool of gaining benefits for the corporation’s stockholders. The tool services for stockholders to get maximum benefit, however, the corporation cannot just service for its stockholders along with the expansion of the corporation business. The role played by corporation turns more and more important in society and it is going to be more and more influential among other benefit groups related to the corporation....   [tags: Corporation, Limited liability company]

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Wrongful Accusations Do Not Necessarily Lead to Wrongful Conviction

- Wrongful Convictions Introduction There is no true way to know the amount of individuals who have been wrongfully convicted (Neubauer, 2011). Contrary to popular belief, justice and law are not coexisting (Gershman, 1993, pp. 502-515). Most individuals feel and believe that the Criminal Justice System would have steps in place to catch and rectify this issue (Neubauer, 2011). The advent of DNA testing not only generated more attention for, and research about wrongful convictions (Gould, 2010, pp....   [tags: criminal justice system, DNA]

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Ryan Richards Should Not Be Legal

- Ryan Richards would not be able to force Diamond Casino to pay him the £7,700,000 that he won while playing Punto Banco 2 weeks ago. This is because he breached an implied term in his contract with the casino. This implied term is that he would not cheat while he was gambling on the premises. Following the case Ivey v Genting Casinos UK Ltd (t/a Crockfords Club) [2014] (“Ivey Case”) it is likely that the court will dismiss his claim on the grounds that Ryan cheated by using the technique ‘edge-sorting’ to give him an advantage in the game....   [tags: Crime, Criminal law, Contract]

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1144 words | (3.3 pages) | Preview

Extent to Which State Has a Legal Duty to Protect

- ... Because Mr. Kadir could not claim for the Road Accident Fund he decided to claim from the Minister of Law and Order alleging that the policemen had a protective duty to protect him because it is the duty of policemen to protect people. The appeal court did not agree with Mr. Kadir and concluded that this case was different from the Ewels case because the policemen had a legal duty to protect Mr. Ewels because it was a criminal matter and not as in this case a civil matter. Therefore the police owed Mr....   [tags: South African criminal law]

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The Fight For Equal Pay Is Not Over

- “The Fight for Equal Pay is Not Over.” In this article the author, Claire O’Brien, discusses an article that she read in the Washington Post that alleges the pay gap, for women, has nearly closed, bringing us to almost an even playing field with men. However, the author takes a deeper look at the numbers provided by The Post and finds out that the numbers are not as transparent as they seem to appear. In actuality, the amount of women making over 100,000 is only about 6% in the entire workforce compared to that of men being 14% (Brien, 2010)....   [tags: Prison, Criminal justice]

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1154 words | (3.3 pages) | Preview

The Principle Of Limited Liability And The Corporate Veil

- Corporation is an artificial entity and in law is treated as a "legal person" as being the owner of property and being party to a contract. The principle of limited liability and the corporate veil, which is a metaphor described the principle of separate legal personality, was established in Salomon v Salomon . The decision in Salomon confirmed that the company has a separate legal personality from the subscribers to the memorandum and it allows people to ‘trade without committing their personal fortune to a venture’....   [tags: Corporation, Limited liability company]

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783 words | (2.2 pages) | Preview

Tort Of Negligence And Vicarious Liability

- In this essay we are able to identify the Law of tort and present a case from New Zealand covering tort of negligence and vicarious liability. The word ‘tort’ is derived from the Latin term tortem to twist and implies conduct which is twisted or tortious. It now means a breach of some duty independent of contract giving rise to a civil cause of action and for which compensation is recoverable. A Tort is a species of civil injury or wrong no civil injury is to be classed as a tort unless the appropriate remedy for it is an action for damages....   [tags: Tort, Tort law, Negligence, Strict liability]

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909 words | (2.6 pages) | Preview

criminal justice

- The use of deadly force is used throughout the U. S. , and the definition of deadly force is best described by the FBI which states that : deadly force is the intentional use of a firearm or other instrument resulting in a high probability of death. But who determines when it’s okay for a police officer to use deadly force. When does deadly force cross the line and when does officer feels his/her life is grave danger and to escape has to use deadly force. What circumstances will justify the use of deadly force....   [tags: essays research papers]

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672 words | (1.9 pages) | Preview

Occupiers' Liability from the Common Law

- The first point to note when analysing occupiers’ liability is that originally it was separate to the general principles of negligence which were outlined in Donoghue v Stevenson .The reason for this “pigeon hole approach” was that the key decision of occupiers’ liability, Indermaur v Dames was decided sixty six years prior to the landmark decision of Donoghue v Stevenson . McMahon and Binchy state the reason why it was not engulfed into general negligence, was because it “… had become too firmly entrenched by 1932 … to be swamped by another judicial cross-current” Following on from Indermaur v Dames the courts developed four distinct categories of entrant which I will now examine in tu...   [tags: neighbour principle,liability act 1957]

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1692 words | (4.8 pages) | Preview

New Limited Liability Company Of Granite Cleaning Product

- As the new limited liability company of granite cleaning product, the client and our CPA firms have to follow many duties and liabilities because the members are involved in decision making and are in possession of fully control. When running an LLC or any other entities, it is required that every company is responsible for having a director, officers, and members. Their members are not liable for obligations of the LLC essentially on the grounds that they are individuals. As I mention earlier, the client has to file the article of the organization, which determined whether the LLC will be managed by the members or managers....   [tags: Limited liability company, Corporation]

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1099 words | (3.1 pages) | Preview

The, Locked Out, By Human Pictures

- Prison sentences are intended, in part, to force an individual to pay his debt to society. This debt was incurred through the crime committed, and the sentence for that crime is imposed as a means of punishment for the individual. After they are released from prison, they have paid their debt to society. Sometimes the release is supervised, and specific conditions are set by the court system. Under other circumstances, an individual has served their entire sentence, including time under supervised release....   [tags: Prison, Criminal law, Democracy, Employment]

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1536 words | (4.4 pages) | Preview

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