Criminal Law

In: Other Topics

Submitted By masinde
Words 3124
Pages 13
GROUP TWO MODULE 1 NAME | ADMISSION NO. | SIGNATURE | OCHOLA BRIAN ODUODI | G34/3233/2014 | | NASIBI TIMOTHY MURWA | G34/3404/2014 | | KIPINGOR EMMY CHEBET | G34/3308/2014 | | ABDI FARDOSA MUSTAFA | G34/3287/2014 | | WALEKHWA B. STEPHEN | G34/3319/2014 | | CHARLOTTE MUTAI | G34/3331/2014 | | SIKUKU CORNELIUS WANGILA | G34/3392/2014 | | CHABI BRIAN OTIENO | G34/3399/2014 | | WANJALA GILBERT MASINDE | G34/1417/2010 | | MURIMI MARTIN MUCHIRI | G34/3255/2014 | |

Question 2:“The courts should draw the limits to discretionary power in a way which strikes the most suitable balance between executive efficiency and legal protection of the citizen” Discuss above statement With the exponential expansion of powers of the executive arm of government and equally massive interests in civil liberties, it is therefore inevitable that we re-examine the relationship between these discretionary powers and what is essentially the rule of law. This essay seeks to analyse the role played by the courts in the limitation of this powers while ensuring that the Executive runs efficiently while ensuring that that the rights of civilians are protected. Discretionary power is the individual judgement; the power of free decision making, a public official’s power to act in a certain circumstances according to the personal judgement and conscience, often in official or representative capacity.
Discretion can also be defined as powers granted to an administrator to make a decision with the highest…...

Similar Documents

Criminal Law

...Criminal Law Jordan Miller CJA 354 September 24, 2012 Kristin Mildenberger Criminal Law Former Chief Justice and President of the United States from 1909 to 1913, William Howard Taft once stated “Presidents come and go, but the Supreme Court goes on forever.” That statement currently remains to hold true. The first Supreme Court was called to assemble on February 1, 1790, at which time the powers and duties of the Supreme Court were established. The United States Supreme Court currently has one Chief Justice and eight Associate Justices and is the highest judicial body in the United States. In the 2009 case of the Supreme Court vs. Joel Tenenbaum, the Recording Industry Association of America (RIAA) sued former Boston University student Joel Tenenbaum for file sharing 30 songs he illegally downloaded from the Internet. According to Bloomberg (2012): The court, without comment, refused to hear Tenenbaums challenge to a law that let the recording industry collect thousands of dollars from individuals for such downloading. The jury was told to impose damages, set by US copyright law, of between $750 and $150,000 per violation. Jurors set a rate of $22,500 for each of 30 songs he downloaded. (para. 2) A jury subsequently ordered Tenenbaum to pay $675,000 in fines directly associated with each of the 30 illegally downloaded and shared songs. "I find it hard to believe that the legal system would uphold a six-figure sum against someone just for downloading music,"......

Words: 1350 - Pages: 6

Criminal Law

...Cunningham [1957] (CA) | Interpretation of malicious, subjective recklessness. | -Held that malicious= foresight of consequences;-D must have foreseen consequences;-The accused has foreseen some sort of harm might take place, and has still taken the risk anyway. | R v Caldwell [1982] (HL)-OVERRULED BY R v G- | Objective test for Recklessness | -Failure to recognise obvious risk = as bad as appreciating it and continuing;-Established test of reasonable man; | R v G [2004] (HL) | Recklessness, Criminal Damage | -Overruled Caldwell as the R man test failed to take into account individual’s ability to recognise risk;-Caldwell imposed liability on those who were incapable (i.e. minors).-Has to be aware of the risk | R v Latimer (1886) | Transferred Malice, successful transfer | MR is the same for both offences therefore malice is successfully transferred. | R v Pembilton (1874) | Transferred Malice, unsuccessful transfer | MR of throwing stone at D was different to the MR of criminal damage (breaking the window). | Murder | R v Cunningham [1982] | Malice Aforethought | Malice aforethought defined as:-Intention to kill;-OR Intention to inflict GBH | R v Woolin [1999] | Oblique intention | -Jury may find intention of murder/GBH if it was a Virtually certain consequence. | Voluntary Manslaughter | R v Dietschmann [2003] | Intoxication, Multiple causes of abnormality of mind | -No requirement of the abnormality of mind being the sole cause of the killing;-Even if D......

Words: 1515 - Pages: 7

Criminal Law

...TABLE OF CONTENTS TO CRIM LAW (Levine) I. Overview of CJS A. Theories of Punishment 1. Utilitarian 2. Retributive B. Who should be punished? 1. Excuse (Because of personal condition X I shouldn’t be punished) 2. Justification (I acted in the right way and don’t deserve to be punished) C. Principles that Limit Punishment 1. Legality, Vagueness Lenity II. Components of a Crime A. Actus Reus 1. Conduct 2. Attendant Circumstances 3. Social Harm 4. Causation a. Actual Causation b. Proximate Cause i. Common law: Intervening Cause? ii. MPC: Built into culpability standards 5. Concurrence of Elements B. Mens Rea 1. Common Law Standard 2. MPC Culpability Standard 3. Specific Intent 4. Transferred Intent 5. Strict Liability Crimes 6. Role of Mistake a. Mistake of Fact b. Mistake of Law C. Concurrence of Elements III. Homicide A. Common Law 1. Murder a. 1st Degree Murder b. 2nd Degree Murder 2. Manslaughter a. Adequate Provocation b. Criminal Negligence c. Misdemeanor-Mansalguther B. MPC 1. Murder 2. Manslaughter 3. Criminal Negligence C. Felony Murder Rule 1. Limitations a.......

Words: 17656 - Pages: 71

Criminal Law

...Criminal Law Evaluation This paper is going to examine both the sources and purposes of criminal law. In addition to Identifying and explaining jurisdiction of individual states, local, and federal enforce of criminal law. Moreover, there are two standards of proof in criminal cases proof beyond reasonable doubt and the other one is a criminal act has to have been committed with criminal intent. Adversarial system is important to the criminal justice system because it consist of two advocates representing two different sides in front of a jury or judge to determine what is true and false. Discuss and differentiate the concepts of criminal liability and accomplice liability. Also, three different types of inchoate offenses that will be discussed are solicitation, conspiracy, and attempt. The purpose of criminal law is to make sure society does not experience harm, to warn them of the consequences, to define what the intent is for all offenses, to inform society of the seriousness of the of offenses, to punish people for their wrong doings, and to make sure the victim and anyone connected including the public receive justice (Schmalleger, 2010). Criminal law also provides society with regulations and informs people of the consequences for breaking the law. For example, it makes a distinction in regard to petty and severe crimes. In addition to conveying criminal laws purpose is to keep society safe by giving and enforcing rules with deterrence, rehabilitation, and......

Words: 1674 - Pages: 7

Criminal Law

... CRIMINAL LAW Criminal law is the body of law that relates to crime. It regulates social conduct and proscribes threatening, harming, or otherwise endangering the health, safety, and moral welfare of people. It includes the punishment of people who violate these laws. Criminal law differs from civil law, whose emphasis is more on dispute resolution and victim compensation than on punishment. Objectives of criminal law:Criminal law is distinctive for the uniquely serious potential consequences or sanctions for failure to abide by its rules.[7] Every crime is composed of criminal elements. Capital punishment may be imposed in some jurisdictions for the most serious crimes. Physical or corporal punishment may be imposed such as whipping or caning, although these punishments are prohibited in much of the world. Individuals may be incarcerated in prison or jail in a variety of conditions depending on the jurisdiction. Confinement may be solitary. Length of incarceration may vary from a day to life. Government supervision may be imposed, including house arrest, and convicts may be required to conform to particularized guidelines as part of a parole or probation regimen. Fines also may be imposed, seizing money or property from a person convicted of a crime. Five objectives are widely accepted for enforcement of the criminal law by punishments: retribution, deterrence, incapacitation, rehabilitation and restoration. Jurisdictions differ on the value to be placed on......

Words: 2408 - Pages: 10

Criminal Law

...Short Paper #2: Felonies and Misdemeanors Lace Jenkins Unit 7 PA260: Criminal Law Prof: Edward Romano There are many things in considering what scenario to choose. You have to consider if they think the wine bottle is a deadly weapon. I will explain what argument I will use and why I chose that argument. I will also explain why I didn’t chose the other argument. I will give you definitions of aggravated assault, aggravated battery, simple assault and simple battery. I would not chose argument number 2 Sharon should not be charged with aggravated assault and battery, but only simple assault and battery, since no deadly weapon was used. The reason I would chose this argument is because I would say the wine bottle was not a deadly weapon. I would research and see if there were cases that were similar to this case. I would prove that the wine bottle was not broken at the time of the event and that is why it was not a deadly weapon. Here is a case of a women hitting her husband with a wine bottle. Susan Van Cook, 42, of Trails End was charged with two misdemeanors (Leslie Korngold). I would not chose argument number 1 because it would be hard to prove by reasonable doubt that she did this because she was drunk. I am thinking that if you use argument number 1 you could also say she was afraid he was going to hit her first. I think that this argument would be too hard to prove. I could be wrong and this may be easier to prove then I think. Here are the definitions of...

Words: 952 - Pages: 4

Criminal Law

... WATCH OUT IF THE CRIME IS “ATTEMPTED …” - THEN INTENT IS NEEDED CRIMINAL LAW MURDER • Murder: To be guilty of murder, one must unlawfully kill another human being with malice aforethought which may be (i) intent to kill; (ii) intent to inflict great bodily injury; (iii) reckless indifference to an unjustifiably high risk to human life (depraved heart); or (iv) the intent to commit a felony. • At common law, the crime of attempted murder requires both a specific intent by the actor to kill the victim and an act that puts the D in close proximity to completing the crime (For MPC, it must be a “substantial step” rather than close proximity). • If you intend to kill A but kill B instead, you cannot be guilty of the ATTEMPTED murder of B. • If you want to kill A, but shoot at B thinking it is A, and you wound C, you are guilty of the attempted murder of B (MBE 1992) • You are liable for murder if your act was not only the “but for” cause, but also a natural and foreseeable result – the “proximate” cause. • Accidental killing committed during the course of a felony is common law murder. • Common law murder is wanton and reckless. • No crime if you systematically deprive child of food, don’t call doctor, child would have died from malnutrition in a few months, but child’s cause of death is cancer. • Russian roulette is a killing with “abandoned and malignant heart” b/c it exhibits a recklessness indifference to the “very high” risk of death or serious......

Words: 2273 - Pages: 10

Criminal Law

...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? Applicable Law La. Rev. Stat. Ann. § 40:962 provides in part: A. It is unlawful for any person to manufacture, possess, have under his control, sell, give, deliver, transport, prescribe, administer dispense, or compound any narcotic drug, except as provided in this sub-part or to become an addict as defined in La. Rev. Stat. Ann. § 40:961. Section 40:961(1) provides that "addict" means a person who habitually uses one or more of the narcotic drugs defined in § 40:961 to such an extent as to create a tolerance for such drug, or drugs, and who does not have a medical need for the use of such drug, or drugs. In the case of State v. Bruno, 253 La. 669 (La. 1969), the defendant claimed that La. Rev. Stat. Ann. §§ 40:961, 40:962 upon which......

Words: 1167 - Pages: 5

Criminal Law and Criminal Conduct

...Criminal Conduct and Criminal Law LEG 320 July 25, 2014 Strayer University CRIMINAL CONDUCT AND CRIMINAL LAW Actus rea and mens rea are both important elements to convicting anyone for any crime. The actual commitment of a criminal act is actus rea. The guilty or criminal mind state is mens rea. Despite the fact that both actus rea and mens rea do not have to exist a conviction is still very feasible. When a criminal act is committed and the individual does not have to mens rea or guilty mind in some instances without the required mental state no crime is committed. Persons incapable of entertaining the required criminal mind because of legal insanity have not committed a crime. Working with individuals who have been diagnosis with mental retardation has really opened my mind to the element of mens rea when the individual has done something illegal. Some of the individuals have it in their mind that because the have been diagnosis with mental retardation they can not be held responsible for the criminal act they may commit or have committed, I have even heard many of the individuals say it. Does this mental state qualify them of the required state of mind for conviction? Immunity as a defense works in some cases not all. Immunity is the exemplification from criminal prosecution based on statues, the U.S. Constitution or international agreements. Diplomatic immunity is granted to those who are visiting foreign officials. Diplomatic immunity can also be waived by...

Words: 983 - Pages: 4

Criminal Law

...Introduction Crimes are part of society and this is the reason why law enforcers come up with different ways for controlling crime. Some of the critical measures for controlling crime are physical while others are psychological. The method of controlling crime is determined by the nature and complexity of the crime. Once these factors are taken into consideration then the best way of controlling crime is sought. The deterrence theory is a theory that has been extensively used as an effective way of controlling crime. The deterrence theory is in two parts: specific deterrence and general deterrence. Specific deterrence tends to focus on the individual with the aim of changing his deviant behavior by punishment. Contrary, general deterrence is whereby an individual is punished in public so as to instill fear to individuals who may prove to be deviant in the future. According to the crimes by Phil Cresta in the United States of America, the deterrence theory is one which would be effective in controlling his criminal nature. The main reason for this notion is his crimes were repetitive. By using deterrence, Cresta would have fear of committing crimes simultaneously and he would finally stop. Therefore, by using deterrence, fear would be instilled in him and this would prevent him from committing the crimes. In Phil Cresta’s case, specific deterrence would not have been as appropriate as general deterrence. General deterrence would have been an appropriate corrective......

Words: 1123 - Pages: 5

Criminal Law

...Ashley Mayes Criminal Law Essay 3 23 February 2014 Ashley Mayes Criminal Law Essay 3 23 February 2014 Crimes against Property: Larceny Crimes against Property: Larceny Crime against property means a crime that destroys or deprives an owner of property against the owner's will. These crimes are considered less serious than violent crimes, or crimes against persons. Crimes against property are not as obvious as they sound. Although they deal with damage or theft of physical property, sometimes they also involve harm or threat to individuals. When people are involved, the penalties for crimes against property can increase a great deal. The crime I am going to specifically talk about is larceny. I will discuss the physical properties of it, the statutes in the state of Ohio, and the common law definition of larceny. Larceny is a crime against property, and is a form of theft. It is the” unlawful taking, and carrying away of another’s tangible personal property with intent to deprive the rightful owner of the same. “It is also considered a crime against possession. The taking element requires that the offender take actual physical control of the property without the consent of the owner. If the offender merely deprives the victim of possession, it is not larceny. The offender must have gained control over the property and that control must be complete. The offender must have taken the property with the intent to steal it. And the intention required is one......

Words: 1462 - Pages: 6

Criminal Law

...would be a spouse seeking to hire an assassin to murder their husband or wife. The murder need not take place for an offense to have been committed. The preliminary offense is the solicitation and hiring of the assassin and the person who hired that assassin could be charged criminally even if the murder was not carried out. solicitation is requesting, encouraging or demanding someone to engage in criminal conduct, with the intent to facilitate or contribute to the commission of that crime. Most commonly, solicitation refers to solicitation of prostitution the crime of soliciting someone to engage in prostitution.Though state laws vary, to be guilty of solicitation, one must: request that someone else engage in criminal conduct; and have the intention to engage in criminal conduct with that person. A criminal conspiracy exists when two or more people agree to commit almost any unlawful act, then take some action toward its competition. Then the action taken need not itself be a crime but it must indicate those involved in the conspiracy knew the plan and intended on breaking the law. For example, Andy, Dan, and Alice plan a bank robbery. They 1) visit the bank first to assess security, 2) pool their money and buy a gun together, and 3) write a demand letter. All three can be charged with conspiracy to commit robbery, regardless of whether the robbery itself is actually attempted or completed. I have learned that you don't have to actually do the crime to do the time.......

Words: 356 - Pages: 2

Criminal Law

...Criminal law is something that is very important because it protects the good people in society from the ones who tend to break the law. Each jurisdiction has its own laws and the way things are handled, but overall each jurisdiction has the same basis of criminal law to protect the people and to prosecute the criminals. Criminal law sets procedures for arrests, searches and seizures, and interrogations. It also establishes the rules that are set in place for a trial and punishment for offenders. Some of the sources of criminal law are common law, criminal statues, and the Model Penal code. Common law is a judge made law that was created by judges by declaring that certain crimes were punishable. Some of the crimes are murder, rape, arson, and burglary which fall under the types of offenses they are criminal acts, taboo acts (defiant behavior and violation of Mores), and violation of Norms (uncivilized behavior, immoral behavior.) Over all the basis of criminal law was common law, but now statutory law is the common law. The penal code itself is not a law, but can be used when a state is developing or revising its statutory codes. The Model Penal Code is very important, because it sets some boundaries in criminal law and has been used for many criminal statues and has many legal formulations. When you talk about criminal law, there is also a jurisdiction that is set in place for criminals. Jurisdiction is something that covers several areas; for instance if a county......

Words: 882 - Pages: 4

Criminal Law

...Criminal Law CJAD 101 Week # 3 Criminal Law Criminal Law is the assumption that a criminal act injures not just individuals, but society as a whole, (Schmalleger, 2009). In criminal law it is made up of five types of laws, substantive, procedural, civil, administrative and case. The explanation of these laws and how they work is what keep society at a healthy flow. What is considered a crime, how are they categorized, substantive laws is the explanation of the law and it is what constitutes the violation as a crime. It helps to determine the punishment for the crime that is committed. Procedural laws specify acceptable methods for dealing with violations of substantive laws, especially within the context of a judicial setting, (Schmalleger, 2009). This is the methods that determine if a crime is really a crime and it see if it is punishable by law. It also determines if the violation is worth taken a person to court and to prosecute. Civil Law governs relationships between and among people, (Schmalleger, 2009). With civil law not crime has to be committed in order to sue someone. If a person feels that their personal material has been compromised than they can take someone to civil court to receive a judgment. A great example is when O. J. Simpson was acquitted on murder charges; the family took O. J. to civil court and won their judgment. Administrative law is the body of regulations that governments create to control the activities of......

Words: 417 - Pages: 2

Criminal Law

...Criminal Law Midterm Part B Crime has been part of the human condition since people began to live in groups. Ancient documents indicate that activities such as murder, theft, and robbery were defined as criminal by civilizations that existed before biblical times. The bible recounts stories of crimes such as Cain killing Abel, and the parable of the Good Samaritan, who came to the assistance of a man who had been assaulted and robbed.[i] Criminal laws regulate human behavior and tell people what they cannot do and in some instances, what they must do under certain circumstances. Throughout history, all societies have had criminal codes regulating conduct .Democracies have always sought to transform their basic principles and ideals into achievable goals through a system of laws that balance the rights of individuals with the compelling needs of society as a whole. These goals include public order, domestic tranquility, and protection of the basic rights of individuals.[ii] Because governments in democracies are the servants and not the masters of the people, laws should be the product of the will of the people. Criminal justice systems in democracies operate most successfully when the majority of people believe that the laws are reasonable and that the system can operate efficiently and effectively. The issue of what laws should be enacted often causes serious public debate. Laws are enacted by elected representatives of the people they are......

Words: 2852 - Pages: 12

25.04.1811:35 Uhr Grease Lovestoryx265 0 / 01.559 Hits VID P2P DDL 0 Kommentare | Professional Cardiology Stethoscope Black, 14a Life Limited Warranty | jantes alu voiture