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Recklessness And Criminal Liability
1,226 wordsExplain the role of recklessness in determining criminal liability. In everyday language, recklessness means taking an unjust risk. However its definition in law is different to its ordinary English meaning and careful direction as to its meaning in law has to be given to the jury. There are two types of recklessness, which exist, subjective recklessness, also known as Cunningham recklessness, and objective recklessness, which is also know as Caldwell recklessness. (Caldwell recklessness only ap...
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Criminal Law Guiding Principle
2,479 words... t in the PRCs Criminal Law. But there are some difficulties in carrying out it. For example, a corporation as an abstraction is conceptually without its own mind. It is thus difficult in location mens rea in imposing criminal liability and it has no physical existence of its own. It is also difficult to determine which kind of criminal punishment is committed, such as incarceration, are inapplicable to a corporation. Under this circumstance, the principle of ultra view in corporations law ce...
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Criminal Justice Policies Concerning Part 1
2,055 wordsCriminal Justice Policies Concerning Prostitution We can draw an analogy between two negative social events like prostitution and violation of standards of behavior. These anti-social behaviors are the issue of the day. Remedial legislation of world countries declares the war to prostitution. However, ideological paradox of these campaigns is quite interesting. The more federal authorities try to fight with prostitution, the more indulgent becomes the society in relation to this problem. Besides...
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Criminal Justice Policies Concerning Part 2
2,067 words... by the third parties (March 21, 1950). According to this convention, the criminal liability shall be fixed for forcing, involvement, or seduction in purposes of prostitution by the third parties, exploitation of prostitution, as well as for organization and brothel-keeping. Besides, the Russian government considered that disposition of the article 241 - 1 relating to definition of the term prostitution is not distinct and insufficient for acknowledging it as criminally liable act. Russian Fe...
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Child Pornography Sexual Exploitation
2,249 wordsChild Pornography Abstract The article examines problem of child pornography that has become an issue of the day. The author gives definition of child pornography and explores the problem and application of the child pornography law by the courts in different countries. It also presents key findings and statistics from various national studies and researches conducted by Children UNO Fund UNISEF, the Computer Crime Research Center, Nielsen/Net ratings and others. The article dwells on several cr...
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William Stuntz The Pathological Politics Of Criminal Law
1,753 wordsWilliam Stuntz "The Pathological Politics of Criminal Law." INTRODUCTION While many factors that make positive sentencing reform rather problematic remain, different factors have come together at the beginning of the new century which made such reform more possible than it has been for a many years. On the other hand, as these critical factors are not likely to remain in adjustment for a long period of time, they challenge progressive reformers to work and react with dispatch. One of the prevale...
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Age Of Fourteen Criminal Liability
660 wordsAt what Age Should A Minor Be Tried For a Crime? One of the most disturbing problems to the legal systems of many developed counties is the question of the minimum criminal liability age. In other words, at what age should the person be responsible for any criminal consequences of his or her deeds? The issue is rather complicated, having many social and ethical concerns. We are aware of the criminal behavior among our minors because we read, hear and see it. The television, magazines, radio, and...
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Violent Crimes Commit Crimes
1,161 wordsThe Mythology of Crime and Criminal Justice: Contributing Factors Of Crime Crime is defined as: commission of an act or act of omission that violates the law and is punishable by the state. Crimes are considered injurious to society and the community. As defined by law, a crime includes both the act, or actus rea, and the intent to commit the act, or mens rea. Criminal intent involves an intellectual apprehension of factual elements of the act or acts commanded or enjoined by the law. It is usua...
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Terminally Ill Patients Food And Water
1,902 wordsEuthanasia is a controversial subject, not only because there are many different moral dilemmas associated with it, but also in what constitutes its definition. At the extreme ends of disagreement, advocates say euthanasia (which in Greek means easy death) is a good, or merciful, death. Opponents of euthanasia say it is a fancy word for murder. Between the two extremes, there are various positions for and against euthanasia. One position opposes cases of active euthanasia, where an active, or ov...
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