Abstract This paper examines the use of criminallaw for purposes of social engineering. The point is made that criminallaw can be used as a tool for social engineering via its prohibitions and the punishments, and can operate to instill virtues. It notes that there are serious ethical and moral concerns associated with this use of the criminallaw.
From the Paper "Social engineering is commonly defined as the use of private and or governmental functions and operations to manage population attitudes and behavior on a large scale..."
Abstract This paper discusses a criminallaw, Public Law 104-132, that created disadvantage for the prosecution by preventing it from convicting a known terrorist supporter. The paper summarizes an article in Time magazine surrounding the case and provides an opinion as to what the law's weaknesses are and how the law should be addressed.
From the Paper "The nation's laws are intended to bring the guilty to justice and preserve the freedoms of the innocent. However the laws do not always accomplish these goals effectively. Some laws are so poorly constructed that they provide ..."
Tags:criminallaw, terrorism, disadvantage, Public Law 104-132, Time magazine
Abstract This paper offers definitions of both objectivism and subjectivism. The paper examines the highly controversial Caldwell case of the early 1980s that can be seen as a prime example of what pulls the British judiciary in competing directions. The paper also looks at the legal concept of "impossible attempts" and its relationship to both subjectivism and objectivism. The paper then shows how the area of the criminallaw dealing with physical assault and battery is a good example of how subjectivism and objectivism continue to grapple over legal terrain. The paper concludes that neither approach is entirely without shortcomings, but each approach is certain to gain ascendancy at different times in the future.
From the Paper "It is generally true that drawing a distinction between the "subjective" and the "objective" is not a particularly easy matter. For example, if the law courts attempt to justify an ascription of recklessness by arguing that someone did not notice an "obvious" risk chiefly because they did not care about that risk and what it might mean for others - a "subjective" position British courts have taken in the past - then they are obviously applying some kind of normative (objective) standard to the matter. Of course, the confusion about what is really subjectivism and what is really objectivism cries out for a definition of both. To wit, subjectivism - broadly stated - believes that "action-ascriptions" which generate criminal liability should be determined solely by looking at what the individual's intentions and beliefs were at the time of the offense. On the other hand, the objectivist camp believes that someone's actual intentions are irrelevant to whether or not they are criminally liable: instead, proponents of objectivism cleave to the view that what actually occurred trumps any intentions or non-intentions the perpetrator might have had."
Abstract This paper examines the Britishcriminal justice system with reference to statutory instruments, bills, cases and legal opinion. It looks at how the criminal justice system is considered to be one of the most imperative tools available to society for the control of anti-social behaviour and, in particular, how it needs to strike a balance between protecting the innocent and convicting the guilty. It also discusses how the system does not try to establish innocence, but whether there is enough evidence to convict and how this system has lead to many miscarriages of justice and has lead to many honourable persons to believe that a change to the inquisitorial system may prevent this.
From the Paper "In 1993 the CPS went under a substantial change to increase efficiency. Sir Ian Glidewell stated that ' the 1993 reforms had made the CPS more bureaucratic' He believes that CPS has the potential to become a lively, successful and esteemed part of the criminal justice system. The CPS has not escaped criticism, despite its recent performance. James Hunt QC believed that if the public knew of the cost to them the taxpayer would be appalled . In 1998 the Glidewell Report heavily criticised the CPS. The key recommendations of the report were that the powers should be devolved so that the CPS would become less centralised."
This paper compares Texas and Washington criminallaws on controlled substances, driving under influence and possession of firearms by felons and aliens.
Abstract This paper compares the criminal codes of the states of Texas and Washington with regard to certain subjects. The first part discusses the laws relating to controlled substances. The second part looks at some criminal aspects of intoxication, particularly with regard to driving under the influence. The third part examines the laws concerning the possession of firearms by felons and aliens.
From the Paper "Texas has divided controlled substances into four Penalty Groups (Health and Safety, 481.102 - 481.105) The substances in Penalty Group 1 carry the heaviest penalties; those in Groups 3 and 4 carry the lightest penalties. The penalties themselves vary with the amount of the controlled substance found in the defendant's possession and the intent of the defendant (to manufacture and/or deliver or simply to possess). For example, an offense involving the manufacture or delivery of less than one gram of a Penalty Group 1 substance is a state jail felony; if the offense involves the manufacture or delivery of more than 400 grams, the offense is punishable by 15 years to life in prison ( 481.112)."
Abstract This paper discusses John Stuart Mill's notion of criminallaw's purpose, in relation to Patrick Devlin's paper, "Morals and the CriminalLaw", which refers to the discouragement of human vice or subversive activities, as decided by the moral standards of a society. The paper makes reference to the early 21st century crack cocaine prostitution phenomenon in the West to demonstrate the strength of Devlin's approach extra refs course texts as provided.
From the Paper "The Purposes of Criminal Law - John Stuart Mill vs. Patrick Devlin. Introduction This paper discusses John Stuart Mill's notion of criminal law's purpose, in relation to Patrick Devlin's paper, "Morals and the Criminal Law", which refers to the discouragement of human vice or subversive activities, as decided by the moral standards of a society. (1965, 319) For John Stuart Mill, individuals were entitled to liberty as would encourage happiness, and only those threatening the well being of others in immoral, harmful practices, should be impeded. Devlin, however, shows a more instrumental approach to criminal law that can be seen to indicate our current understanding of criminality and criminal law in the present day, in North America."
Abstract This paper discusses the history of criminallaw and how it can be a product of social engineering. It examines some laws as tools for social engineering and then describes certain laws that the writer would have enacted for a certain type of social engineering, including the legalization of the possession and use of marijuana and how this would benefit the public.
From the Paper "Sexually orientated businesses have always been the subject of social engineering laws. In December of 2005, the city council of Scottsdale, Arizona, passed a revision that requires dancers to stay four feet away from customers and outlaws all nude dancing. Jenna Jameson, one of the world's top porn stars, recently purchased an interest in Babe's Cabaret, a Scottsdale topless bar. Ms. Jameson intends to fight the city of Scottsdale because she believes the new regulations will put her out of business. As a Scottsdale citizen, it is interesting to note that Babe's Cabaret has been in business for many years without problems until Ms. Jameson purchased an interest in the club. Some people believe that the city of Scottsdale is attempting to clear out sexually orientated businesses regardless of who owns these clubs. This issue will remain in the news because Ms. Jameson and her high powered lawyers intend to fight this matter under First Amendment rights, Freedom of Expression."
Abstract This paper is written as if it is an investigation by a state legislature's Criminal Justice Committee into a law that reads: "Any person who knowingly engages in sexual intercourse with a person other than his or her spouse, if that person is related by consanguinity or affinity, shall be guilty of the felony of incest and punished according to the laws of the state."
From the Paper "As a member of this state's legislature, and more specifically its Criminal Justice Committee, it is my duty to study and alter laws that have either become outdated or that are inherently unfair. The legislation needing examination, in line with the theme of laws prohibiting consensual sexual relations among adults, deals with the uncomfortable topic of incest. Yet, as with many problems not pleasurable to deal with, this important law has great ramifications, and one that deserves an update. The law in question states that: Any person who knowingly engages in sexual intercourse with a person other than his or her spouse, if that person is related by consanguinity or affinity, shall be guilty of the felony of incest and punished according to the laws of the state."
Abstract This paper examines how the period of the industrial revolution was possibly the most influential period in the development of the criminallaw and the associated institutions. It looks at how a shift from punishment to the beginnings of rehabilitation took place and how many fundamental concepts of a fair system were beginning to appear to create a solid foundation for what we have now. It also explores how the ideas of justice, equality, reasonableness and the rule of law took over from a simple system of revenge.
From the Paper "One of the most important changes that occurred during, and partially due to, the industrial revolution was the concept of democracy and the development of a central government with greater powers. This increase in centralisation led to a shift of control from landowners and representatives of the monarch to an elected body able to pass and execute laws on a national basis, rather than the execution being done on a local scale, or as Foucault puts it, a shift from sovereignty to government . This coupled with the migration of people out of the countryside and small rural parishes into sprawling cities broke down the social pattern that had been well established. No longer were people tied to land and thus the land owner, but a free market where people could freely sell their labour to the highest bidder."
This paper uses a case study to examine United Kingdom Consumer Laws and Consumer criminallaws. The laws are meant to protect consumers against defective and unsafe products and services.
Abstract United Kingdom Consumer Laws and Consumer criminalLaws are meant to protect consumers against defective and unsafe products and services. They can be invoked if a consumer feels he was taken for a ride and given product or service, which did not meet his needs or was faulty in any sense. We need to understand that certain conditions apply when these laws are made use of to bring charges against a trader. For example, the nature of product or service doesn't count at all but the length of use; special seller instructions, representation of a product etc. play a dominant role in determining the exact nature of breach of contract between the seller and the consumer.
Proposal-Introduction
Executive Summary
-------Rights and Liabilities-Used car
-------Rights and Liabilities-Seat cover
-------Rights and Liabilities- Cell batteries
-------Rights and Liabilities-Re-roofing
-------Rights and liabilities-Dogs
Conclusions/Recommendations
From the Paper "Eleanor and Nicos needed to purchase a second-hand car and visited Solid Cars for this purpose. There they found a Range Rover, which was being offered for ?2,000. The salesman informed them the original engine of the Rover had been replaced with a reconditioned engine. After initial discussions with the salesman, they agreed to purchase the vehicle through their debit card. The salesman however told them few things, which later proved to be incorrect and caused them several problems during test-drive."
Tags: Consumers, Laws, United, Kingdom, Merchants, Legal, rights
Abstract This paper examines the operation of the criminallaw in the eighteenth century in England. It focuses on the social status of the accused and the accusers. It also examines the dilemma presented by an increasing number of capital offenses and decreasing use of the death penalty.
Abstract This paper shows how both the United States and Singapore derived their criminal justice system from the British system, though the U.S. system has diverged considerably while the system in Singapore remains deeply rooted in the British forms. The writer explains however that today, the immediate source for the criminal justice system in each country differs in that American law is constitutional, while criminallaw in Singapore is entirely statutory and based on an adopted Criminal Code. It looks at how common law is a feature of both systems, standing as the accepted customs of many legal systems.
From the Paper "American citizens derive their rights from the Constitution and particularly from the Bill of Rights. These ten articles were influenced largely by George Mason, Thomas Jefferson, and James Madison, with much of the final language based on Mason's "Declaration of Rights" for Virginia's Constitution of 1776. There were originally twelve, but two were eliminated as the final ten were adopted in 1791 (Hall, 1992, 70-71). Article VIII states: "Excessive bail shall not lie required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." These simple words have engendered reams of interpretation, for the Constitution does not say what constitutes either cruel or unusual punishment or how to make such a determination. Other provisions have similarly been argued throughout our history, and judicial determinations up to and including the supreme Court form a body of case law on which the police, prosecutors, and courts rely."
Abstract This paper examines the 18th century Britishcriminal justice system as an expression of class, property and power. Douglas Hay's article "Property, Authority and CriminalLaw" argues that the 18th Century Britishcriminal justice system was based on terror and directed principally to the protection of property. Academic responses, both pro and con, are subsequently evaluated.
Abstract This paper discusses how the criminal justice system of Britain embraces a range of agencies, cultures and objectives. The paper explains that from the police through the courts and from the prison systems to victim services, all agencies have a goal to reduce crime and punish the guilty. However, within each agency, specific objectives exist that embrace numerous cultural differences. The paper discusses the various agencies involved in the Britishcriminal justice system, the objectives of each and the ways in which those agencies work together to cater to a wide range of cultures within the British society.
From the Paper "Each governmental department oversees a variety of agencies, each of which has specific objectives within the criminal justice system. The Home Office, or HO, directly oversees national and local police functions, as well as various district authorities, the prison services, and the Criminal Injuries Compensation scheme and Victim Support services. The district authorities directly oversee the operations of three agencies, those of Local Magistrate's Court Committees, local police authorities, and local Probation Committees. The Local Magistrate's Court Committees directly oversee the operations of Magistrate's Courts, consisting of 328 divisions in England and Wales. The local police authorities directly oversee operations of the 43 police service districts. The Probation Committees oversee probation services (Chapman and Niven, 2000, 8)."
Abstract This paper discusses the applications of criminallaw. The paper explains basic concepts associated with criminallaw, such as the voluntary act and mental state. With this knowledge, the paper examines how theft offenses are dealt with under criminallaw. Several examples are provided.
Outline
Introduction
The Voluntary Act
The Mental State
Non-MPC States of Mind
Strict Liability
Causation
Social Harm
Applied Knowledge
Trespassory Taking and Carrying Away of Property
Intent to Permanently Deprive
From the Paper "Every country regardless of its size and location has some form of criminal law existing. This law helps the country define punishable offenses and includes country's stand of such concepts as self-defense, necessity, insanity, negligence, and complicity. Criminal law is clearly written law in other words, it is a codified law. In the United States this codified law is known as the Model Penal Code which has helped in recent reforms of criminal codes in many major states. But laws in one state may not be similar to laws in another and this applies to criminal law as well. For example even though the Model Penal Code is followed by all states to shape their criminal law, the local version of law in one state is quite different from the same in another. This means that no two states in the country has similar criminal law. "
