Criminal Law - Theft & Fraud Notes

It was suspected during the time period that overcrowding was the cause of the increased crime rate. People saw that the population growth—must like the popularity of gin—coincided with the rise crime. As London became an industrial city it needed a more unskilled workers to power its “textile, iron, metal goods, and pottery production” factories (“Crime and Punishment” par 2). This caused unskilled workers from “small rural towns” and “villages” into the city in hopes of finding work ("Crime and Punishment," par 1). This may seem like a good idea, but unfortunately the population of the city rose quicker than expected and thus hadn’t had an adequate amount of time to adjust to the booming population growth—over 400 percent in just 50 years ("Crime and Punishment," par 1).

Keli Lane-Contemporary Criminal Case Original case citation: R V Keli Lane (2011) NSWSC 298, 15 April 2011, Whealy JA (1) Appeal citation : R V Keli Lane (2013) NSWCCA 317, 13 December 2013(1) Elements of the offence: Actus Reus: Keli Lane was found guilty of murder and three counts of false swearing.

In comparison Merton’s theory put forward a entirely different rationalisation of the causes of crime, and juxtaposing major ideals about who commits these crimes, Marxists points out that absence of egalitarianism of opportunity is at the centre of the capitalist system and Merton contends that not all individuals who lack genuine opportunities look to crime to do so. (Eglin and Hester, 2013).

“The heart of the capitalist economic system is the protection of private property, which is, by definition, the cornerstone upon which capitalist economies function. It is not surprising, then to find that criminal law reflects this basic

Since the 19th century, law enforcement and punishment has developed rapidly into the justice system we rely on today. Obscure laws that had become irrelevant in an industrial and post-industrial era were fast being replaced, and despite its lack of existence at the beginning of the 1800’s, policing standards are, today, high. The necessity for this drastic change in approach to crime has stemmed from the needs of industrial Britain, and the increased awareness of the public, and government, and their perception of crime and punishment. Rather than individual cases having a direct impact on these changes, in general they provide an insight as to the reactions of the public at the time, and along with the myriad of other cases, allow us

The five principles of a crime are the guilty act or actus reus, the guilty intent or mens rea, the relationship between guilty act and guilty intent, the attendant circumstances and the results. The guilty act or actus reus is the inception of a crime, “this criminal liability occurs only after a voluntary act that results in criminal harm” (Neubauer & Fradella, 2014). This protects Americans from being punished for bad thoughts. The guilty intent or mens rea establishes and distinguishes between the mental state required in committing a crime. This insures that Americans are not prosecuted for innocently causing harm to another. The relationship and union between the guilty act and the guilty intent further distinguishes an act from being

Christopher E. Smith, Police Professionalism and the Rights of Criminal Defendants, 26 Crim. L. Bull. 155, 158 (1990)

The purpose of this essay is to discuss whether a perspective of social harm is more advantageous and useful over that of crime. In order to explore these advantages, this essay will look at the aetiology of crime from a legal perspective; which is arguably very narrow and individualistic in nature. As well as from a perspective of social harm, which is possibly more progressive as it broadens an understanding of ‘crime’ over that of many other serious harms.

4. Using the Appendix from Ch. 1 of Contemporary Criminal Law as a resource, explain the citations for each of the following cases:

Fall Commentary Assignment-LAWS 1000BProfessor: Stephen Tasson – TA: Noel Gondek Due Date: October 26, 2012

Larceny is defined as the wrongful taking and carrying away of the personal goods of another from his or her possession with intent to convert them to the takers own use. To bluntly say it, larceny is stealing from others. No matter what the motives or reasons behind stealing are, it is still wrong. I imagine there is a multitude of motives for someone to convince himself or herself that it is worth the risk to steal something. Some other people might also not have the conscience to feel wrong for stealing. A large part of this is because people do not understand who or what they are harming when they steal. It is very common to become self-indulged and only worry about your problems. Even after being caught someone might only feel

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.

The Culture of Control, Crime and Social Order in Contemporary Society, David Garland (2001) is certainly one worth the read. Garland, one of the leading criminologists, begins the book with a fantastic insight on ‘history of the present’ of penological developments in the US, compares it with Britain in late 1970’s. He picks out indicative theories by Foucault and several examples to support his arguments. He portrays an intricate argument about the rise of crime control and punitiveness. Garland continues throughout to link new developments in both countries to identify each countries crime control stratergy and the effect of their strategies. He ends it with further theories and opinions on crime control and social order. Garlands purpose of writing the book is to give a deep analysis and an absorbing read of crime control in USA and UK to his readers. The purpose of the following review is to give the readers a brief understanding of some issues by Garland on crime and social order in contemporary society.

Throughout the years, the association between a criminal offense and a criminal have become more relevant. Although there are many theories that try to illustrate the concept of why crimes happen, no theory has a profound influence of understanding an individual’s nature, relationship, development, and a society itself (Coleman & Ganong, 2014). To further explain, “theories of crime are defined in relation to modernity, spanning their development from the enlightenment to the present, with the advent of postmodernism” (Miller, 2012, p. 1798). In other words, theories of crime are an approach to understanding an individuals behaviour and actions in their environment, society, and themselves that may lead to crime. Nevertheless, within this paper, it will be comparing the case of

As a part of this relationship individuals gave up some of their liberties in the interest of the common good, with the purpose of the law being to ensure that these common interests were met. For Beccaria, this meant that the law should be limited and written down so that people could make decisions on how to behave. More importantly, punishment was to fit the crime not the individual and was to be certain and swift (Williams & McShane, 2010). Offenders were to be seen as reasonable people with the same capacity for resisting offending behavior as non-offenders. The guiding principle of the criminal justice process was the presumption of innocence; and in this general framework punishment was to be seen as a deterrent to criminal behavior. The central concern of the law and the criminal justice process was therefore the prevention of crime through this deterrent function.