Criminal Law Essay

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

system law has been described as a common law rather than a civil law system. To begin with, there is a significant difference between the civil and criminal law. On the one hand, the purpose of the civil law will be to settle disputes between private’s parties. On the other hand, criminal law is the body of law that punish criminal offenses and protect the innocent. In order to complete our essay, we will first focus on the fact that a link clearly exists between tort and contract law. The law of tort

Extract from the 3rd Edition of Lacey, Wells and Quick, Reconstructing Criminal Law (CUP 2003) Chapter 4 II.a.i. The History of Theft William Blackstone’s Commentaries, written in the middle of the eighteenth century, represent one of the first systematic expositions of the common law. His volume on criminal offences included a substantial section on ‘offences against private property’: William Blackstone, Commentaries on the Laws of England 1765 Vol. IV p.230 'Simple larciny then is the 'felonious

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

proper overall function of the system of criminal law in Hart’s view should be the function that follows the ideas of The Mercantile Theory. The Mercantile Theory is a system in which the freedom of choice and liberties of the individual, and the corporation in certain cases when it is acting as an individual, are maximized. Hart believes that the pursuit of happiness, along with freedom of choice and liberties of the individual, should be maximized by criminal law and always be taken into consideration

A probable cause must be examined from different angles in order to closely understand the mind of a person with non-criminal background. Those with a non-criminal background are exposed to committing crimes regardless of how clean their criminal record might look. Usually, the jury’s determination of a probable cause impacts the final decision of the case and how serious the law breaker’s punishment will be. 2- Please explain the "conflict model". The Conflict model, sometimes called the “system

Doctrine of vicarious liability The doctrine of vicarious liability generally operates within the law of torts. It has become well-established in English law and historically has been called “Master and Servant liability,” which clearly indicates the circumstances in which the doctrine becomes applicable in tort law. The general rule in tort law is that a person who authorises a tort will personally be liable for damage or harm as a result. However, vicarious liability defines the circumstances

Assignment 1: Criminal law 1) Elaborate the various theories of punishment in Criminal Law (10m) There are four theories of punishments, namely, retribution theory, deterrent theory, and reformation theory. Firstly, a kid who falls down and kicks the floor inadvertently. Generally, it is believed to be a firm of taking revenge and would not serve only penal purpose. Deterrent theory by punishing the offenders deters the wrongdoer specially and deters the general public also by

English law has been subject to being described as unprincipled and inconsistent in its approach to the question of whether the failure to act is a sufficient basis for criminal liability. This is due to a range of factors an example of which being the collection of convictions passed to defendants who have been charged with a crime, which did not involve a positive or direct action. In addition for those who have not been convicted, it is questionable whether the law is unprincipled as it is unclear

of Intention in criminal law is unclear. The true definition of intention is not very clear, as there are different definitions by different courts. The term ‘intention’ in criminal law has been defined as direct intention whereby a consequence is intended and desired by the defendant, and indirect (oblique) intentionwhereby the defendant can foresee a virtual certainty.Many seriouscrimes require the proof of intention or recklessness on the part of defendant, and in criminal proceedings, the