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Burden Of Proof Mens Rea
1,092 wordsLaws are made to maintain order by setting restrictions on conduct and to protect the rights of parties. There are three types of laws, which are: tort law, criminal law and contract law. Tort law is a civil wrong, criminal law is a public wrong and contract law is a wrong against a contract, written or oral. Tort law is the primary source for the authority of private security officers and the limitations on such authority. Tort law varies from state to state. The law of torts is found in both l...
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The Nuremberg War Crimes Tribunal
1,254 wordsIn early October 1945, the four powers victorious after the Second World War issued an indictment against 24 men and six organizations. Fifty years ago the Prosecutions opening statement was read by Associate United States Supreme Court Justice Robert Jackson. Just eight months prior to that reading, the very building in which the historical trial took place was "an enemy fortress in the hands of German troops" The Nuremberg Trials are historically significant because they represent the first ti...
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Mental Illness Mens Rea
1,644 wordsThe insanity defense is a defense that is used in the courts to say the defendant was not aware of what they were doing at the time of the crime. The terms of such a defense are to be found in the instructions presented by the trial judge to the jury at the close of a case. These instructions can be drawn from any of several rules used in the determination of mental illness. The final determination of mental illness rests solely on the jury who uses information drawn from the testimony of "exper...
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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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Obscenity Blasphemy And Freedom Of Expression
1,949 words... Therefore this provision offers justification for the publication of articles that are obscene and thus allows more scope for expression. There has consequently been a fall in prosecutions, with pornographic production becoming increasingly productive and their products ever more odious. Similarly, by contrast to the prosecution initiated against the novel Last exit to Brooklyn, now books such as American Psycho, which depicts explicit sexual violence, are being published without risk of leg...
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Mens Rea Insanity Defense
737 wordsThe insanity defense is primarily based on the concept of insanity, which shows the extent to which a person accused of a crime can avoid criminal responsibility due to mental disease. The terms for this type of defense can be found in special instructions given by the trial judge to the jury at the close of a certain case. These particular instructions can be potentially drawn from different rules and used in the determination of a degree of mental illness, which also influences whether the per...
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Second Degree Murder Insanity Defense
1,481 wordsInsanity Defense The insanity defense is primarily based on the concept of insanity, which shows the extent to which a person accused of a crime can avoid criminal responsibility due to mental disease. The terms for this type of defense can be found in special instructions given by the trial judge to the jury at the close of a certain case. These particular instructions can be potentially drawn from different rules and used in the determination of a degree of mental illness, which also influence...
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