Self-defense in criminal cases. One of the frustrations faced by many businesses is that after the perpetrators of crimes have been identified, the District Attorney's office will not pursue the case. One option is for victims to sue the DA in an attempt to compel him to prosecute, but this would be costly and proving dereliction of duty would be difficult. The DA is effectively immune. Other options are more promising. The law should encourage (and prosecutors' offices should welcome) private
prosecutor has complete autonomy on deciding to prosecute a person. The prosecutor is the “most powerful actor in the administration of justice” (Bohm & Haley, 2011, p. 284). There are numerous reasons why a prosecutor chooses to not prosecute criminal cases. One of the reasons is that a prosecutor may feel the offense did not cause enough damage to prosecute. Another reason is that the prosecutor feels that the punishment for a first time offender of a certain crime
In this case the accused, Mr Cheatham stabbed his wife, three old year old daughter and three month old daughter numerous times. His wife and older daughter died from their wounds but skilled surgery managed to save the life of his three-month-old daughter. The prosecution would want to try the accused for two counts of murder (of his wife and older child) and one count of attempted murder (the younger child). However, the accused may be able to argue the defence of insanity, or in the alternative
Causation is used in criminal cases in order to determine what the accused should be charged with or convicted of. The basic rule of causation is that a person is responsible for the natural and probable consequences of their actions. Causation helps the trial jury understand the difference between crimes like first degree murder, and involuntary manslaughter. Because, while the essence of both of those crimes is the same, a person is being accused of causing the death of another person, the person’s
Introduction The primary role of particular criminal justice agencies in the criminal court system is to make an appropriate, objective and determine decision while fulfilling their duties. For example, judges are able to interpret and apply law on particular circumstances; and police collect evidence and investigate crime through proper and legal ways, as they are all restrict to the legal regulation and bureaucratic administration (Findlay, Odgers, & Yeo, 2009, p. 21). To maintain the interests
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
In criminal cases there are many people, tools, and techniques used to determine who the culprit of the crime actually is. One of most difficult, but useful thing to actually use in criminal cases are eye witnesses. Witnesses are those who were part the crime scene somehow, whether it be just seeing the crime occur or actually experiencing it. One would think that having a witness means that the case is automatically solved because someone was there to identify the criminal and in some cases this
The offence Harry would be charged with is William’s murder. The area of Law that this case is concerned with is criminal law (homicide). The two offences that constitute homicide are murder and manslaughter. The classic definition of murder was set by Sir Edward Coke (Institutes of the Laws of England, 1797). Murder is defined by the Law as causing the death of a human being within the Queen’s peace with the intention to kill or cause grievous bodily harm. It comprises of 2 elements. These are
Minimum Age Of Criminal Responsibility In all Australian legal jurisdictions, children under the age of ten are considered to be too young to have criminal intent. That means, that children under this age cannot be held legally responsible for their actions. Australia is the only region in the world to have uniform legal guidelines on the lower age limit of criminal responsibility. (Weijers, Grisso 2009 p.45). Having the presumption that children under the age of ten are unable to know the law completely
Assemble a set of guidelines on conducting preliminary investigation for a criminal case. When there is a criminal case, are a set of guidelines a criminal investigator should follow when conducting a preliminary inquiry. These guidelines consist of arriving to a crime scene in a timely manner just in case the suspect may still be at or near the scene (Hess, K.M & Orthmann, C.H., 2013). They will need to take care of any injured person or people that may need emergency care. Check to see if
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. SUGGESTED ANSWER In advising H of his criminal liability, the possible charges that can be brought against him are under the OFFENCES AGAINST PERSONS ACT 1861 for the injury caused against I, for criminal damage when the blood dripped on to I’s coat and when the tent caught on fire. I’s Injury When the dart that H threw had injured I’s ear. He could be charged
The entire criminal justice system can be very frightening and even intimidating if someone fails to understand the meaning of terms used, procedures, laws, and rules (Cook, 2009). Criminal law is among the terms that have been defined differently by various sources. It is mainly concerned with a system of legal rules defining actions that are classified as crimes and the manner of which the government prosecutes people who commit crimes (Snyman, 2014). According to the chapter, some sources use
argues on introducing a criminal code. Criminal code is a document which states the principles and rules by which the society is bound and by violating these rules, there are clear and certain punishments in that document. It seems that criminal code is in the benefit of the society. Its potential advantages outweigh its disadvantages. There is no criminal code in England and wales and one should have to across many cases and paper of legislation to liable the defendant for criminal liabilities. By codification
1. There are two courts that hear criminal trials, which are the Magistrates’ Court and the Crown Court. All criminal cases start in the magistrates’ court. Cases are heard by either 2 or 3 magistrates or a district judge. There isn’t a jury in a magistrates’ court. A magistrates’ court normally handles summary cases and some triable-either-way offences. Summary offences normally include motoring offences, minor criminal damage or being drunk and disorderly while triable-either-way offences are a
Review Questions 1. What are two of the different legal categories of homicide? Discuss each type and provide an example of a homicide that would fall under the category. Two of the different legal categories of homicide are first degree murder and manslaughter. First degree murder are crimes where the offender planned to kill another person and then carried out the act with “malice afterthought”. An example of a homicide that would fall under this category would be a man whose child
The goals of punishment that are most important in this case are retribution, individual deterrence and rehabilitation. Retribution would be one of the goals, since a person died through the fault of another and getting justice or vengeance could be an important factor for family and friends of the victim. Individual deterrence is an important goal for this case since the offender needs to be prevented from committing similar crimes. Lastly rehabilitation could be an important factor in order to
powerful and influential decision makers in the criminal justice system. The decisions they make on who will be charged with a crime or whether to accept a case at all, which charges to file, and various other vital decisions. When it comes to making these decisions, prosecutors possess the power to exercise their discretion at their choice without many limitations. Prosecutors, without doubt, are the most powerful and influential decision makers in the criminal justice system. The decisions they make on
Each of the three components in the criminal justice system has a specific mission and operates on its own; however, “the actions and reactions of each with respect to crime will send ripples throughout the process” (Peak, 2012, p. 6). The criminal justice system is operated by three points of view: process, network, and non-system. A criminal justice system is viewed as a process because it contains the “decisions and actions taken by an
Criminal Liability and Negligence The Supreme Court in Jacob Mathew v State of Punjab has provided some grounds relating the degree of negligence and safe guards for doctors. The Supreme Court held that the criminal prosecution is filed by the private parties and by police when ant FIR is lodged. The investigating officer always cannot have the perfect knowledge as to whether the act of the medical practitioner amounts to negligence or not and if they come within the ambit of section 304-A of the
Personal Criminal Culpability For our second lesson in Critical Thinking I am choosing to explore Option # 2: different factors that impact a person’s criminal culpability. When one discusses the different factors that impact a person’s criminal culpability, a review of how responsible the offender is for the crime committed and the four levels of mens rea or criminal intent listed in order of severity or culpability (purposely, knowingly, recklessly, negligently). The investigator first needs