1. FINAL PROJECT OF CORPORATE LAW
PRESENTED BY: NAILA
RABIA
FARYAL
PRESENTED TO: SIR USMAN
DATED: 31-10-2015
2. Following are the topics to be discussed in
this assignment:-
TOPICS:
01) CHILD’S RESPONSIBILITY FOR VIOLATION
OF LAW WITH REFRENCE TO ISLAMIC AND
CONVENTIONAL AL LAW by :Rabia kanwal
02)CASES RELATED TO VIOLATION by faryal
03)TAKING A CHILD TO THE POLICE STATION
By naila iftikhar
3. BY : RABIA KANWAL
Topic: Child responsibility for violation of law with
reference to Islamic and conventional law.
Conventional law:
The principles and regulations established in a community by some
authority and applicable to its people, whether in the form of legislation or of customs
and policies recognized and enforced by judicial decision.
Islamic law:
The law according to Muslims faith and as interpreted from the Quran also
as sharia law, sometimes referred to as Muslim law or even Muhammad an law.
Islamic criminal jurisprudence:
Islamic criminal law is a criminal law in accordance with
shariah; strictly speaking, Islamic law does not have a distinct corpus of “criminal law”.
It divides the categories depending on offense HUDUD (crimes against Allah, whose
punishments are fixed in the Quran and the hadith; QISAS,(crimes against the
individuals or family whose punishments is equal to retaliation in the Quran and the
hadith; TAZIR(crimes whose punishments is not specified in Quran and hadith and is
left to the descrition of ruler and Qazi. Some add forth crime that is SIYASSAH (crimes
against the government, while other considers it as a part of either HADD or TAZIR.
Hudud:
Drinking alcohol, theft, highway robbery, and apostasy included in this category.
Punishments:
Except drinking alcohol, punishments for all other hudud are fixed by
Quran. Such as stoning, flogging, beheading.
Qisas:
Qisas is the principle “an eye for an eye”, i-e murder.
Punishments:
The concept of punishment under Qisas is not based on society verses
individual (wrong doer) but rather that of individual families victims verses individual
and families (wrong doer).
4. Diyyat:
Diyyat is a compensation paid to the heirs of a victim. In Arabic the word means
the blood money or ransom.
Tazir
Tazir includes any crimes that does not fit into HUDUD or QISAS and which
therefore has no punishments specified in Quran. Tazir in Islamic criminal
jurisprudence are those crimes where the punishments is at the discretion of the state,
ruler or Qazi.
Child responsibility for crimes:
Children who commits crimes have a complicated status
as for as legal word is concerned. Since they are children with less understanding of
laws, they deserve special protection. However, since they are still minors they do not
have all the constitutional rights that adults have. Many juvenile courts, procedure
reflect an effort to balance these two concerns and rehabilitate juvenile delinquents.
Who is a juvenile?
Most states consider a juvenile a person between the ages of ten and eighteen
however some states set a maximum juvenile age as sixteen.
Juvenile court procedure:
The procedure and organization of the juvenile court system is
different from the adult system. After committing an offense juvenile are detained
rather than arrested. Next a petition is drawn up which outlines the jurisdiction
authority of the juvenile court over the offense and detained individuals. The minimum
age of criminal responsibility is sevenunder “hudud ordinance” children are liable for
punishment on reaching the puberty. Other law do not specify the minimum age. The
juvenile justice systemordinance defines a child as a person under 18 at a time of
community an offense.
Ratio:
Juvenile violent crimes are at its lowest level since 1987 and 1998. A quarter of all
crimes are committed by offenders under the age of 18. A report has revealed that
young offenders committed more than a million crimes in a single year. They were
behind half of all robberies and one in three bulglaries. The vast majority 860000
crimes committed by males with 160000 by females.
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5. BY: FARYAL LAIQUAT
Topic: cases related to violation
Case 01
As we know that teenagers are too much attached to their phones, I pads and toys , but
we never imagined that it would be so ridiculous. Like in this case. A 15 year old girl
who was madly attached to her phone and her father askedher to something, as a result
her phone was taken away late, girl took it as punishment and she attacked her father
with a HUNTING BOW ,and .wounded him so badly. Later on she got arrested and
charges with FIRST DEGREE ASSULT.
Case 02
A 4 years old boy shot his father for not fulfilling the desire of not getting a play station
3. The boy demanded a toy name ‘’ PLAY STATION 03’’ from his father but his
father returned home without the toy .when the boy saw that his father came home
without a toy like got disappointed like every child. Boy went into his father room
picked up a gun and just shot his father from behind. Boy got arrested and taken to the
police station.
6. Case :03
Jordan Brown – 11 years old
Though the motive behind this killing is still unknown, jealousy seems to be the most
common theory as to why young Jordan Brown would fatally shoot her mother in 2009. The
victim was shot in the back of the head while she was lying in bed, and she was discovered
after her 4-year old daughter alerted tree cutters nearby that her mother could be dead. Jordan
had already gone to school that day, acting as if nothing had happened. Kenzie Houk, the
victim, had experienced problems with the boy in the past, and a relative said that he’d talked
about killing her mother before it actually happened. The weapon used was a youth model
20-gauge shotgun that he had been given as a birthday present.
Brown was initially charged as an adult as required by Pennsylvania law, but his lawyers
appealed to the state’s Superior Court to reconsider his adult status. The case was ultimately
moved to juvenile court.
Case: 04
Michael Hernandez – 14 years old
Michael Hernandez appeared to be normal and polite, but something darker lurked inside the
teenager’s mind. The young man convinced a friend of his, Jaime Rodrigo Gough – also 14
years old – to follow him into a bathroom stall at their school. He said he wanted to show him
something. But instead, once inside the stall, Michael stabbed his friend several times and
7. then slit his throat. Another boy entered the bathroom after the killing and saw Michael
washing his hands, saw the bloody stall – so he notified a security guard. When they came
back, Michael was nowhere to be found. He’d slipped out and went back to class, despite the
blood stains on his clothing.
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8. BY: NAILA IFTIKHAR
Topic: Taking a child to the police station
If you are under 18:
Anyone under the age of 18 is considered as child in the eyes of LAW.
And special provisions apply to children.
Children under 10:
Children under 10 can’t be guilty of an offence. This is because
the law assumes that children under 10 are too young to understand that what they are
doing is wrong.
Children aged between 10 to 14:
The law also assumes that children aged 10 to 14 who
breaks the law are unable to understand that what they are doing is wrong. But if it can
be shown that a child aged between 10 to 14 did actually understand that what he or
she was doing was seriously wrong than he or she can be charged with an offence.
Children aged between 15 to 17:
Children aged between 15 to 17 can be charged with
offences but there are special provisions that apply. The legal systemtries to deal with
children in a way that avoids them being locked up and help them from their mistakes.
but what happen will depend on the age of the child(in other words how close to turning
18 the child is). What the child did and whether the child has a history of getting in to
trouble.
If you are over 18:
Once a person turns 18 he or she is adult in the eye of the law. Even if
the person is still at school, he or she is legally an adult and adult penalties apply for
breaking the law.
Court attendance notice instead of arrest:
A police will issue a minor with a court
attendance notice rather than arresting.
What happens after you have been arrested?
9. After you have been arrested you will be taken to police
station and will be allowed to speak to guardian and ask them to come and be with
you. You may be questioned and searched. Police can keepyou at the station for up to
4 hours . for investigating and questioning. This time can be extended to 12 hours with
permission from court.
Informing a guardian when child is arrested:
If a child is arrested for committing a
criminal offence . the police must inform the parents as soon as possible .children who
are arrested should be made aware of their rights when they are first brought to the
police station. One of the right will be that parent or guardian can be informed of the
arrest straight away .and also to have adult present with them. Children should also be
allowed to talk to this adult in private if they wish to do so.
Children rights and police station:
The police should not begin interviews if the child
has requested that an adult such as parent is present. If no adult is present the police
may interview the child under certain circumstances. It may be the case that delaying
an interview would mean that further crime could be committed such as harm to
another person if this is the case than the police may well interviews the child in the
presences of an appropriate adult. Steps should be taken to contact child parents.
Before the interview takes place.
Detention time limits at a police station:
If the police believe a child has committed an
offence they can hold a child for 24 hours. But this is not the maximum time period
A child can be held for further 12 hours can be added to the 24 hour period .if the crime
is of serious nature . the police can actually ask the court for an extended period of
detention. But this extended period can no longer than 96 hours. Before the child is
charged with an offence.
Searches at the police station:
The police do have a right to search a child under the age
of 18 at the police station i f all clothing is to be removed ,during the search an adult of
a same sex must carry out this search. Intimate searches can only be held in private .
where no one else can see the searches. The child does have the right to have an adult
such as apparent present during a search this search can be conducted at any time
whilst the child is held at the police station.
Obtaining finger prints from children:
10. The police can take finger prints and photographs if
the child is over 16 if the child is under 14 the police will need permission from the
parent to proceed with finger printing. Children aged 15 to 16 will need to agree along
with the parents agreement for finger printing to take place. Children over the age of
16 will be required to submit to finger prints and photographs evenif they had not
agreed.
Intimate samples taken by the police:
If the police are intending to take HAIR and SLAIVA
samples then they must have an agreement of the child an parents if no charges have
been made than these samples can be taken unless both the parents and the child has
been charged they cannot be force to give these intimate samples.
Children under 17 and court proceedings:
If a child is 10 years older than they cannot be
charged with an offence. And taken to court. Over 10 years old and under 17 years will
be treated as young offender. And criminal cases will be dealt by the youth courts . if
the child has committed an offence and an adult was also involved than the court
proceedings can be held either by the magistrate or judge the expertise of legal advisor
should always be sought if the child has been arrested The children law center will
be able to provide free help and advice to parents of children who have been arrested
or charged with a criminal offence.
Going to court and getting a sentence:
Unlike other courts however the children courts
has special rules about the maximum penalty that can be given to people who are
under 18 when committed the offence and under 21 when charged. The children court
can give you only if that fine is less than $1100. The children court is different from
other courts. When it comes to imprisonment while an adult can be sent to prison for
several years for committing an offence. The children court can only sent you to a
JUVENILLE DETENTION CENTRE. For maximum of 2 years the children court
can only make an order ( *control order*) sending a child to juvenile detention center
if it believes that no other penalty would be appropriated .
Alternatives to court and sentencing:
Police may use WARNINGS, CAUTIONS, and
‘’YOUTH JUSTICE CONFERENCES.’’ Instead of laying charges and also to try
to keepchildren out of the court system. Children’s court judge may use cautions
and youth justice conferences as alternatives to sentencing.
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11. Introduction:
Children are most vulnerable member of the society. For this reason children are
treated differently from adults. The law which deals with children found in breach of the
criminal law is contained in children act 2001, which is amended by criminal justice act
2006. There were three departments of the government with the responsibility for overseeing
the implementations of the child act 2001.
Department of justice and equality
Department of education and skills
Department of health
The office of the minister of children and youth affairs was set up in December 2005 to
bring greater coherence to policy makers for children. In June 2011, “the departments of
children and youth affairs” was established
Rules:
1: Definition ofa child in criminal law:
The word child is now defined by “section 3 of act
2001 to mean a person under age of 18 years.
2: Age ofcriminal responsibility:
The age of criminal responsibility is covered by “sec 52 of
the children act 2001” as amended by section 129 of criminal justice act 2006 the age of
criminal responsibility from 7 to 12 years. This means those children who have not reached
the age of 12 years are not charge to offence but exceptions for the crimes like murder.
3: Detention ofchild:
Under “section 142 of the child act 2001”, a court may impose a period
of detention on a child, where a child is detained in the “children detention school”.
4: Spent convictions:
Under “section 258 of children act 2001”, an offence committed by a
child under the age of 18, for which they have been found guilty, can be automatically
expunged from record as if never committed, once certain conditions:
The offence was committed before the child reached the age of 18 years.
The offense is not one required to be tried by the central criminal courts (such as
murder).
The child has not been dealt for another offense in the period of 3 years.
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