Criminal Law Essays

Criminal Law Essay on Insanity
The defences of insanity, substantial impairment by abnormality of mind and automatism play a
vital role in avoiding criminal liability. Principally, the defences reflect the idea that intellectually
challenged individuals should not be penalised but rather treated of their mental impairment.
However the outcomes of each defence have also been criticised as 'anomalous and arbitrary' due to
conflicting legal and medical definitions. Consequently, support for the abolishment of these
defences has been proposed to be replaced by sentencing discretion so that consistent and
proportionate application of the law is achieved. However ultimately, abolishing the defences is
undesirable as it is both ineffective and morally wrong to punish the...show more content...
Under s 39 of the Mental Health (Forensic Provisions) Act 1990, the court may detain the accused
for an indeterminate period, unless satisfied on the balance of probabilities that the release of the
accused will not 'seriously endanger' other members of the public. This non–proportionate period
tends to become unreasonably prolonged, indeed beyond that of a 'non–disordered offender'. This is
primarily due to the fear of releasing potentially dangerous persons at large, even after institutional
treatment is no longer necessary. This also places a high degree of discretion on hospitals, which do
not possess the same level of legal knowledge in sentencing as the judiciary. Hence it is imperative
that individuals be subject to proportionate hospitalisation for a period no longer than the sentence
term equivalent of the non–insane offender.
Yet this can only be achieved once the stigma of 'dangerous persons' detaches from mentally ill
offenders; the mentally–disordered should not be punished for what they are or what they will do.
Therefore the defence of insanity should remain, whereby immediate transport to mental ward must
be made after verdict; a gradual transfer from prison to hospital only delays treatment and avoidably
extends the period of incarceration. Additionally constant review of hospitals by the Mental Health
Tribunal will provide reassurance that no persons shall remain in custody longer than necessary.
The stigma of dangerousness of the
Get more content on HelpWriting.net

One of the main differences between criminal cases and civil cases is that they are held in
different courts, this is because there is a significant distinction between a civil wrong and a
criminal wrong. Crimes are considered to be a type of wrongdoing, however civil wrongs tend to
have only an impact on the parties involved in the case. For example: a breach of contract. Where
as criminal wrongs tend to have an impact on society itself. For example: a murder, theft or rape.
Criminal law is dealt with in the Magistrates court and if very serious in the Crown court. It is said
to be more difficult to win a case in the Magistrates court and Crown court than in a civil court as in
a magistrates...show more content...
Magistrates also determine, subject to appeal, whether the defendant should be kept in custody
pending trial. Magistrates can impose conditions to meet their concerns about granting bail. Courts
have limited information on which to base bail decisions, with the exception of experimental bail
information schemes involving the probation service. Normally prosecutors and sometimes defence
lawyers make representations as to whether bail should be granted or not. There is a high degree of
correlation between prosecutors' representations and magistrates' decisions. One problem the society
has with magistrates is that sections of the community are underrepresented in the lay magistracy.
The lay magistracy remains predominately white, middle aged, middle class and conservative.
The other court of trial for a criminal case is the Crown Court. Indictable offences like murder can
only be dealt with in this court and also triable offences for example, all theft cases. An accused has
the absolute right of trial in the Crown Court but if he/she elects summary trial the magistrates may
decline to hear the case. Even if they do they may commit a convicted person to the Crown Court
for sentence if they believe their own sentencing proves to be inadequate. Three types of judges sit in
the court – High Court Judges, circuit judges and recorders. The latter are part time and hear the less
serious

Criminal Criminology Essay
The criminal justice system is composed of three parts – law enforcement, Courts and Corrections –
and all three works together to protect an individual's rights and the rights of society to live without
fear of being a victim of crime. Without these three we would have a bunch of chaos in the world.
When these three parts function together it makes the criminal justice system work like a well tuned
machine. The first component of the criminal justice system and perhaps the most important and
dangerous is legislative, (law enforcement), which creates laws' is put into place for the government
and the citizens. It is designed to create laws, which people and or state should follow. This includes
the local police department with all...show more content...
A theory called Labeling theory, states that "people in power decide what acts are crimes, and the
act of labeling someone a criminal is what makes him a criminal. Once a person is labeled a
criminal, society takes away his opportunities, which may ultimately lead to more criminal behavior.
Another theory is Biology, genetics, and evolution and this theory states "poor diet, mental illness.
Bad brain chemistry and even evolutionary rewards for aggressive criminal conduct have been
proposed as explanations for crime. These two theories differentiate, because the labeling theory is
controlling, just because you are labeled a criminal and it's hard to find a good job doesn't mean
that you should just go out committing more crimes that should encourage you to do better and
get yourself together. And the biology, genetics, and evolution are uncontrollable if you have a
mental problem it is not necessarily your fault. In a situation like that is best to have family
members that you can rely on' you shouldn't have to live by yourself without supervision if you
have any type of illness that is untreatable, and that would cause you to hurt yourself and even
others. And some people are not living in the best conditions and maybe poor and need a gateway
to make easier and faster money and they decide to do illegal

Criminal Law Concepts
Rebecca Rodriguez
Springfield College School of Professional and Continuing Studies
1 Fernwood Ave, Enfield, CT 06082
Criminal Law Concepts, CJWB 160
September Term/2015
Instructor: Denise Duguay, MS
Most nations today follow one of two major legal traditions; Common law tradition or civil law
tradition. The Common law is a body of law bases on custom and general principles embodied in
case law which serve as precedent and is applied to situations not covered by statute. The common
law traditions emerged in England during the middle ages and was applied within the British
colonies across continents.
The law of the United States is largely derived from the common law system of English law,...show
more content...
Common law can provide a backup should the statute laws fail for example in the case of the
National Rivers Authority (NRA) and Anglers Co–operative association v Clark (1994). In this case
a pig farmer (Mr Clarke) released three million gallons of slurry into a 75km stretch of the river
Sapiston and Little Ouse which subsequently destroyed a fishery [2]. The NRA attempted to
prosecute the pig farmer under sections of the Control of Pollution act 1974 and the Salmon and
Freshwater Fisheries act of 1975 [2]. The court of appeal ruled that the farmer could not be held
liable as his knowledge of the discharge could not be proven [2]. The NRA and the Anglers
association who were representing the interests of the local angling club proceeded with a civil
action against Mr Clarke [2]. The civil action case was successful and the NRA was awarded
ВЈ90,000 in legal expenses and to investigate the extent of damage and restock the fishery the local
angling club received ВЈ8,450 in damages [2]. In this case the common law provided a secondary
option after the legislation in place had failed and inadvertently led to the protection of the
environment. This case shows that the common law does have its advantages and shows that
environmental legislation can sometimes fail. In this legalisation failed because it could not be
proven that the Mr Clarke had knowingly caused harm

Reflection On Criminal Law
Reflection This is my senior year at TWU, my major is government with emphasis in legal
studies. I want to go to law school, and I am currently studying for my LSAT. I haven't decided
what type of law I want to practice yet, this is one of the many reasons why I wanted to intern. I
have looked around into what type of area I wanted to practice. I found an interning position at a
Criminal defense, I think this is where my interest is. Criminal law has always been something
that I have been interested in, and getting to be in the office and experiencing has made me enjoy
it even more. It has also made me realize how detailed oriented I need to be, to be in that field,
every aspect of the case plays a part in coming up with a resolution. I have read multiple articles,
and books regarding criminal defense lawyers. Their job isn't so easy and it's not always easy to
only focus on the facts when values are sometimes being questioned. Cases can sometimes be
dealing with complicated scenarios, that no one can imagine going through. The experiences as a
criminal defense intern at an office was eye opening and the experience I got was enough to help
me decide my career and advance into my career. This paper is an overall look back in order to
establish the learning experiences that occurred at the law firm as I worked as an intern. It is a
reflection showing the experiences during the semester. This internship started out very informative,
they taught me everything

Liability in Criminal Law Essay
'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. The first being whether, the defendants conduct had actually resulted in the death of
the victim and secondly whether the defendants conduct made him liable...show more content...
It was decided after having had looked at the facts that if it hadn't been for the driver travelling
along the road the child's death would not have occurred and therefore the charge in itself could not
be sustained. Therefore, it is clear that the 'but for' test plays a significant part, as it has been a way
in which the courts have approached the idea of causation.
After having had looked at the factual cause of death, the legal cause must be taken into
consideration, which consists of two factors. The first being that the defendants act must be a
substantial cause of death as explained in Cato 1976 and later emphasised in Kimsey 1971 where it
was decided that, the contribution must be 'more than a minimal' cause of death. The second factor
being that no intervening act had broken the chain of causation, because the conduct at the beginning
of the chain far outweighed any other events, which may have taken place, after the original act had
occurred. Clearly, the courts consider the legal cause very closely when dealing with the requirement
of causation.
The chain of causation itself consists of various categories, which suggest that the act in question
wasn't the reason why the victim had died but did so due to the fault of an intervening act and
therefore pass on the blame. The first being that

Criminal Law Essay
From: Brittani Herring
To: Reader
Date: July 24, 2013
Re: Status Punishment
Facts In the case of Robinson v. California, 370 U.S. 660 (1962), the Supreme Court ruled that a
law may not punish a status; i.e., one may not be punished to being an alcoholic or for being
addicted to drugs. However, of course, one may be punished for actions such as abusing drugs. The
question becomes; What if the status "forces" the action? What if a person, because of his/her
addiction to drugs, is "forced" by the addiction to purchase and abuse the illegal drugs? Would
punishing that person be unfairly punishing a status?
Issue
The issue in this case is whether or not punishing a person that is addicted to drugs to be unfairly
punishing a status?...show more content...
Thus, the court determined that La. Rev. Stat. Ann. В§В§ 40:961, 40:962 could have no application
in the prosecution of a person for the mere status or condition that might possibly arise
unintentionally or involuntary. The court dismissed defendant's appeal of the judgment that revoked
the suspension of two concurrent 10–year sentences for violating the conditions of his probation. In
the case of State ex rel. Blouin v. Walker, 244 La. 699 (La. 1963), the inmates based their petitions
on Robinson, where the U.S. Supreme Court held that Cal. Health & Safety Code В§ 11721
violated the Eighth and Fourteenth Amendments in that it was interpreted to punish the mere status
of addiction even though resulting involuntarily. The appellate court distinguished La. Rev. Stat.
Ann В§ 40:962 A, as denouncing a series of acts committed intentionally or voluntarily. Section
40:962(A) did not punish the mere status or condition of addiction, which might possibly result
unintentionally or involuntary. Further, the Louisiana law provided for medical treatment, whereas
the California enactment did not. None of the inmates were originally imprisoned; instead,
immediately after conviction each was given a suspended sentence and placed on probation with
instructions to accept medical assistance. They were incarcerated only after violating some condition
of the suspension.

The Importance Of Criminal Law
Criminal Law is part of the criminal justice system that has a set of rules and regulations that
punishes criminal offenses against society. Laws in society are to enforce the actions of people in
society, keep great morale and punish criminals. In addition, Civil Law defined by dictionary, "The
body of laws of a state or nation regulating ordinary private matters," which can lead to lawsuits,
which goes to tort law. Also, there are several procedural defenses in thecriminal justice system that
criminals or defendants use to claim that they were discriminated against or wrongfully accused of a
crime in the system. In addition, there are excuses used in the criminal justice system that a
criminal might use if they committed the crime, but should not be held responsible due to certain
circumstances at the time of the act. Furthermore, the criminal justice system has several
defenses and certain laws that enforce rules and regulations, such as civil law, procedural law,
excuses, and procedural defenses. Civil law is very effective in the criminal justice for many
reasons. According to LSU Law, "Civil Law is comprehensive system of rules and principles
usually arranged in codes and easily accessible to citizens and jurists." This quote means that civil
law is easily accessible by the public and has a set of rules and regulations that can be addressed at
any time in the criminal justice system. Also, according to LSU Law, "Civil law is an adaptable
system, with civil

Criminal Liability Essay
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. Therefore the primary issue is should these defendants be
guilty and held liable for these crimes under strict liability. In Gammon (Hong Kong) ltd v Attorney
General (Hong...show more content...
Even with offences surrounding issues of social concern mens rea is still expected unless it can
be argued that by making a person liable through strict liability would increase the vigilance of
others to prevent the commission of the prohibited act. Strict liability is a delicate area for many
judges and disagreement lies as to whether there needs to be some sort of reform, the argument
can be debated as follows; Strict liability allows a prosecution to be brought in many difficult
cases as it is very difficult in some cases to prove any form of mens rea and in order to maintain
standards the courts sometimes have to resort to delegated principles. The Privy Council said that as
well as keeping high standards strict liability can be necessary 'to encourage greater vigilance to
prevent the commission of the prohibited act". Food manufacturer, builders, doctors must realise
they have to keep to the highest standards or face possible prosecution. Therefore strict liability is
acting as more of a deterrent and warning for others than a punishment for the defendants, who may
not themselves, have committed an offence. Using strict liability as a deterrent for other people and
making the general public more attentive may help to stop similar incidents occurring in the

Criminal Law Essay
Illinois revised statutes state that, "a person is justified in the use of deadly force when that person
reasonably believes that such force is necessary to prevent imminent death or great bodily harm to
himself." (Ill.Rev.Stat. 1977, ch. 38, par. 7–1).
When a court looks to define whether a defendant was reasonably justified in his use of deadly force
they look at four factors: (1) Significant physical disparity in size between the defendant and the
decedent(s) (2) the defendant avidly attempts to avoid confrontation (3) The defendant feels threaten
by the decedent(s) (4) the decedent(s) continued pursuit of the defendants after a had been fired.
The People of the State of Illinois v. S.M., a minor, 416 N.E.2d 1212, 1212(Ill.App. Ct...show more
content...
In People v S.M. the defendant is seen actively trying to avoid confrontation and thus giving the
court evidence that he felt his life was truly in danger. The court stated "that his fears were well
founded is borne out by the appearance and conduct of Gale's four companions and by the fact that
the boys were in way discouraged by the respondent's gun. The respondent made repeated efforts to
flee. At no time did he stand his ground or advance toward the other boys." Likewise, in People v
Shipp the defendant is seen trying to stop the decedent by using words. "Please don't come any
closer. The decedent continued to advance and the defendant began backing up". It is only when
he gets within proximity does the defendant deem it necessary to act. The court found that the
defendant acted in a way that was justified in the use of deadly force to protect herself from
imminent harm. In contrast in People v Moore, the defendant did not avoid confrontation, just
before the defendants use of deadly force he is told to go back home by his neighbor. He instead
makes the decision to return with the weapon and use it if necessary. "" This leads the court to
believe he didn't act in a way to avoid confrontation.
The third factor that the court uses to justify the reasonable use of deadly force is that the defendant
feels threaten by the decedent(s). In People

Criminal Law 101
The differences between legal rules and other kinds of rules is that criminal law refers to the
consequences associated with breaking them. As the substantive law meaning that it is the law of
crimes, referring that Criminal law is the code conduct that all in the society need to follow the
rule, and the prohibitions on murder, assault, and burglary. Meaning that if an individual violates or
commits these crimes they are going to be treated as a criminal by punishing act from the state.
Civil law is refers to procedural law to follow the rule of the state from someone that has committed a
crime. Which it is divided into 5 categories, for example torts, property, contract, family, and juvenile
law.
2)Give one or two examples of how changing values and/or technology have led to changes in the
law. Technology such as the cameras thatpolice officers had on their uniform is a way of protection
to themselves and the civilians in a situation, where a problem or crime scene it happened at that
moment. Meaning that it is a way to record a evidence that it can be use in the court, that can be one
example of how changing the values or technology have led to changes in the law.
3)Do you believe that "ruling class" (decide for...show more content...
I would say I preferred lived under a brutal dictator such as Hitler, Stalin, or Saddam Hussein than
suffer the chaos of society without any kind of law. Because under the power of a brutal dictator we
still have some type or rules to follow, that if you follow the law you will lived in one way or the
other with peace. Instead of living under a chaos of a society without law, it would be so hard to
lived and peace and not to be dead. Because in this situation you can do any type of robbery, rape
someone, and kill anyone in the street, so for this reason I preferred lived under a brutal

Essay On Criminal Law
Criminal Law in the United States Federal law is that which is created at the national level and
hence applies to all states, the District of Columbia and other United States' territories while state
law applies in specific states where is enacted. Federal law is founded on the U.S. Constitution
which establishes powers of the government, its responsibility and basic rights enjoyed by every
citizen. On the other hand, state law applies to residents, visitors and business entities within each
particular state. When part of the state law directly conflicts provisions of the federal law, federal
law prevails. However, even though state law is allowed to afford more rights to its residents, it
cannot restrict or reduce rights of the U.S....show more content...
However, the federal marijuana laws are generally applicable against people who cultivate, possess
or even distribute huge amounts of cannabis. Therefore, under the federal law, cannabis is handled
similar to all other controlled substances such as heroin and cocaine. Violation of federal marijuana
law calls for steep punishment for persons found guilty. Federal sentencing consider amount of
marijuana as well as the past convictions of the involved person. Even though not every cannabis
conviction require jail time, they are all eligible for an imprisonment. The enforcement priorities in
federal marijuana law are based on stipulated guidelines which do not consider medical cannabis
programs. These guidelines include prevention of distributing cannabis to minors, prevention of
gaining revenue from marijuana cartels, prevention of transferring marijuana from states where it is
legalized to other states, prevention of drugged driving or violence and control of marijuana usage to
cover up other illegal activities in federal level. The criminal statutes of Ohio State identify broad
types of conducts that are considered illegal and hence punishable by imprisonment, fines or other
sanctions. Ohio criminal law include statutes that prohibit battery and assault, domestic violence,
child pornography, and possession of marijuana, among other crimes (Ohio

Criminal Law Foundations Essay examples
Criminal Law Foundations
Megan Ray
CJA/484
April 7, 2012
Terri Madison
Criminal Law Foundations
Every system has a foundation that it builds off of even the criminal justice system. America finds
governmental and legal foundations within the Constitution and the Bill of Rights; as time has gone
by there have been amendments added to these important documents. These amendments help to
support the constitution as well as the Bill of Rights. The Amendments make articles within the
Constitution and the Bill of Rights clearer or have modernized the rights making them more relevant
to modern times. This paper will discuss the 4th, 5th, and 6th Amendments and how they are relevant
to criminal law in not only adult court but...show more content...
A person would not be allowed a lawyer for their defense; in essence the criminal justice system
would never have evolved in to the system that it is today. These Amendments have to be upheld by
the courts judges and it is the judge's job to ensure that the rights afforded to the defendant are
upheld at all times. This is even more so in a juvenile court as juveniles are still tender in age and
may not completely understand what is going on or the ramifications of the crime that they have
committed. These Amendments ensure that the rights of all people young and old are protected
during the course of their criminal cases. The daily operations of the criminal courts are designed
to ensure that the rights of the people are upheld. This is done through various rules and
procedures, for example: As the evidence is presented in court and submitted as exhibits the judge
will review the case and ensure that the evidence is relevant, collected properly and handled
through a chain of custody. This ensures that the evidence is properly acquired and remains
untainted, if it is not properly handled or the chain of custody is broken then it is inadmissible and
the judge will not allow it in court. For any reason if these procedures and rules are not followed
then the defendant may appeal the case claiming that their rights were violated. If this is

Questions concerning criminal law Essay
questions concerning criminal justice and safety
Questions Concerning Criminal Justice and Safety
i. What are the specific aims & purposes of the criminal law? To what extent does the criminal law
control behaviour? Do you believe that the law is too restrictive or not restrictive enough?
The specific aims and purposes of criminal law is to punish criminals, and prevent people from
becoming future criminals by using deterrence. "Having a criminal justice system that imposes
liability and punishment for violations deter." (Paul H. Robinson, John M. Darley, Does Criminal
Law Deter? A Behavioural Science Investigation, Oxford Journal of Legal studies, volume 24, No. 2
(2004), pp. 173–205). Criminal law...show more content...
When males are 20–25 years old, the highest category for committing a crime, they have no other
ways to show females how manly they are other then fighting and committing crimes. I think the
reason why older males don't commit more crimes compared to the younger generation is because
older folk have other ways to show their manliness like their job, how much money they have, or
the kind of car that they drive. That being said crime has nothing to do with biology, but it comes
down to men trying to show how powerful they are in an attempt to "woo" a female. Concerning
the fact that males and females sharing the same environment but males being "more violent", I
think the reason is because males aren't as protected as females are. During high school kids always
hear about fathers or brothers who will protect their child or sibling from anyone that hurts them in
any way. You never hear a sister or a mother saying that about their
questions concerning criminal justice and safety son. (Introduction to Criminology, Lecture 3,
September 23, 2013, Professor Jan Stanners.) So another factor about females being less aggressive
is the fact that they are protected more and almost restricted from certain things because more
people worry about girls then boys. Studies are also showing that women's crime rates are
increasing quite noticeably while males are slowly dropping. I think this is because since the
1950–80's women's

The Purpose of Criminal Law
Laws serve several purposes in the criminal justice system. The main purpose of criminal law is to
protect, serve, and limit human actions and to help guide human conduct. Also, laws provide
penalties and punishment against those who are guilty of committing crimes against property or
persons. In the modern world, there are three choices in dealing with criminals' namely criminal
punishment, private action and executive control. Although both private action and executive
control are advantageous in terms of costs and speed, they present big dangers that discourage their
use unless in exceptional situations. The second purpose of criminal law is to punish the offender.
Punishing the offender is the most important purpose of criminal law...show more content...
On the other hand, positive law is forced by the government for everyone to obey. In order for the
law to be a positive law it must be formed and applied so that it is acceptable by most people
.Common law is geared toward custom and usage for instance, nonstatutory customs, ways of life
and examples that help steer the decisions of the judicial system The purpose of criminal law is to
catch those individual's that break the law and may harm other people. Not only does criminal law
show individuals what they have done wrong but it also states what the punishment will be if the law
is broken. Criminal law not only punishes the accused but it also offers protection through the
judicial system that punishes and controls (http://www.hg.org/crime.html, 2012).
The U.S. Constitution and state constitutions are written sources of American criminal law. They are
the supreme law. The U.S. Constitution is the law of this country and the state constitutions are the
supreme law of the state. Another written source of American criminal law is the statutes passed by
Congress and state legislatures. The statutes refer to the conduct that is expected of the general
public in near future. Administrative Agency Regulations along with the Case Law are other forms
of written American criminal law. Administrative

Civil law is concerned and deals with the relationship between individuals and relates to civil rather
than criminal wrongs with the aim of compensating the suing party for such wrongs (Gibson,
Rigby, Ryan & Tamsitt, 2001, p28.1). A civil action is generally brought by the party who has been
injured or otherwise suffered some form of loss as the result of a wrong which only directly
affected him (e.g. trespassing into private property). When a civil law is broken, legal action is
brought by an individual against another for some form of legal remedy, e.g. damages. In civil
suits, the party initiating legal proceedings is referred to as the plaintiff and the party being sued is
called the defendant. For a plaintiff to successfully seek...show more content...
Javery resisted and thus she was stabbed and left to die in the car park. Walter Steward, the
administrator of her estate, sued Bloomingdale's parent company, Federated Department Store Inc,
for not undertaking adequate security measures to protect Javery from intended harm. The standard
of proof for this case is strong; the company had 5 security officers and only 1 was stationed at the
car park and he was usually called away to monitor the unloading dock, more than 300 florescent
light bulbs were not working on that day, there were no gates or fences to keep undesirable people
from the car park, the store was in a high crime area, and finally despite numerous requests from
employees for increased security, nothing was done on the part of the management. As a result the
Connecticut Supreme Court upheld a USD$1.5 million liability award to the estate of Marion Javery.
Criminal law on the other hand is concerned about protecting society from people who commit
crimes as prescribed by the common and statutory laws. Criminal law's purpose is conventionally
stated as being retribution, deterrence, restraint, and rehabilitation (Gillies, 1990, p 6). In criminal
cases the prosecution represents the public or society in taking legal action against the party whom
it considers to have committed a crime and seeks to have that party punished. Similar to civil law,
criminal law requires the party commencing legal proceedings to carry

Strict Liability in Criminal Law Essays
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.
It is often argued that by promoting high standards of care, strict liability protects the liberty of the
public from dangerous practices. Barbara Wootton (Crime and Criminal Law:...show more content...
There does appear, however, to be a strong argument for its use in order to protect the consumer, and
perhaps more specifically, the public.
There is also a great deterrent value in the implementation of strict liability. Roe (Criminal Law, 2nd
ed, 2001, p.210) tells us that many offences are not handled by the Crown Prosecution Service or
the police, but by '...special Government bodies, such as the Health and Safety Inspectorate, which
checks that safety rules are observed in the workplace.' The bodies tend to work by pressuring any
potential offenders into putting right any breaches with the threat of prosecution. It is the opinion of
this essay that this could be an effective method in combating the breaching of any Health and Safety
rules; strict liability may allow enforcement agencies to 'Strengthen their position' (Roe, p.211.1) as
potential offenders are aware that if any prosecution is brought against them, there is a good chance
of conviction, due to the nature of strict liability.
Elliot and Quinn (p.33.1) tell us that 'strict liability makes enforcing offences easier.'
In Gammon (Hong Kong) Ltd v A–G (1985), the defendants were involved in building

2.3 Conclusion:
The aim of criminal law is to protect the rights of the individuals and to safeguard the weak against
the strong, law abiding against lawless and peaceful against violent. The state has prescribed certain
rules of conduct, sanctions for their violations and machinery to enforce sanctions and procedure to
protect that machinery.
"If men were angels no government would be necessary." ––– James Madison.
Hence, it is the primary function of the government to protect the basic rights to life and property.
There can be no liberty if no protection of the basic rights of the citizens by the government is...show
more content...
Right to Life and Personal Liberty. People of India have become more receptive to quick, fair and
affordable justice. The entire existence of the orderly society depends upon sound and efficient
functioning of the Criminal Justice System. It is rightly said that "Justice delayed is Justice denied".
Whether a guilty person is exonerated or an innocent is punished or there is an enormous delay in
deciding the case, quality of justice suffers in all these cases. Since the objections of the criminal
justice system are not codified anywhere, hence they can be just inferred from different statutes.
Every democratic country aims at providing maximum sense of security to the people at large by
dealing with crimes and criminals effectively and legally. Our criminal justice system aims at
reducing the level of criminality in the society by ensuring maximum detection of the reported
crimes, convictions of accused persons without delay and to meet the ends of justice.
India inherited the adversarial system of common law from the British Colonial Rulers and the
criminal justice system of India is followed on the same track. In adversarial system truth is
supposed to emerge from the respective versions of the facts presented by prosecution and the
defence before a neutral judge. The term вЂ•neutral judge is emphasized here because in adversarial
system there is no positive duty on the judge to

Criminal Law Vs. Private Law
Criminal Law vs. Private Law
The Rule of Law, as expressed through Canadian criminal law is important as our laws embody
the basic moral values of society. The primary aims of criminal law are to protect the public and
preserve peace (Barnhorst & Barnhorst, 2013). Law also imposes limits on our actions and guides
our choices in conduct. The conditions of the Rule of Law ensure that no individual, government or
parliament is treated as above the law, and that everyone must obey the law or they must suffer the
consequences. The primary reason that criminal law is necessary, rather than governing individual
behaviour through private law, is because committing a criminal offence is seen as committing a
crime against society as a whole rather than an individual. The protection and punishment of the
offender should be proportionate to the offence committed and all Canadian courts should attempt
to administer punishment to offenders using a Canada wide set of laws which are based on similar
cases that occurred in the past, rather than private laws in order to avoid bias in different
jurisdictions and areas of Canada. "Citizens of countries that do not adhere to recognize the rule of
law are often unable to stand up against the government or other powerful interests without fear or
attack and there are often reports of human rights violations" (The Law Society of British Columbia,
2013). A country that is not governed by the rule of law would result in laws and court proceedings

Criminal Law Reflection
The law has always intrigued me, I have grown up my whole life wanting to be an attorney,
specifically in criminal law. While I am now unsure if I will make the plunge into law school, one
thing I know is that I have really enjoyed this class, specifically the first portion of the semester on
criminal law. When I chose my articles every week I was naturally drawn to the articles that
involved in criminal offenses, such as the teenager who 'snapped' when he killed his parents, and
family dog, and the the hazing case in a college fraternity. While I started following these stories
fairly late in the semester, week nine, and ten in the articles project, I still follow them now.
Before this assignment I never read the newspaper, aside from the occasional "Dear Abby" story.
After this assignment I realized there was a difference in the way the same stories were portrayed
in the newspaper and on the news on the television. Reading the newspaper has changed my
perspective on current events, and has challenged my opinions that I had made based on watching
the news. The first major story that I started following was in week three, and it was an article
published in the New York Times by theAssociated Press titled "Man who Apologized on Facebook
before Slaying Pleads Guilty". This story was about a 24–year old man from Scottsville, Kentucky,
Ethan Reid. Reid apologized publically on a video that was posted on Facebook minutes before he
shot and killed the mother of his seven month

Criminal Law Essays

Recommended

Recommended

More Related Content

More from Custom Paper Writing Services

More from Custom Paper Writing Services (20)

Recently uploaded

Recently uploaded (20)

Criminal Law Essays