Abstract
This paper examines the use of criminal law for purposes of social engineering. The point is made that criminal law 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 criminal law.

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..."

Tags:criminal, law, social, engineering

Abstract
This paper discusses a criminal law, 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:criminal law, terrorism, disadvantage, Public Law 104-132, Time magazine

Abstract
The paper defines criminal law and explains why the burden of proof in the American criminal justice system is greater than that of the American civil justice system. The paper discusses how the United States derives the structure of its criminal justice system from the English tradition of common law, and explains how most legal systems agree on certain basic premises. The paper also notes that many of the protections of the Bill of Rights pertaining to the criminal justice system only were extended to the state in the 19th century. Finally, the paper considers the controversies that still exist, including the 'three strikes and you're out' laws and capital punishment.

From the Paper
"First of all, what is criminal law? From the point of view of society, crimes are wrongs or violations for which the offender may be punished. Criminal law involves prosecution by the government for an act classified as a wrongdoing against society at large, for which penalties can be extracted varying from incarceration to fines to both (Criminal law, 2008, Cornell University Law School). The criminal law system stands in contrast to civil law, which involves crimes done to a particular victim. The civil suit is brought against the wrongdoer on behalf of the victim. The offender may have to pay financial compensation in civil court, but cannot be required to pay with his or her life or liberty both (Criminal law, 2008, Cornell University Law School). This is why the burden of proof in the American criminal justice system is greater than that of the American civil justice system. In a civil court, the plaintiff need only prove that the preponderance of the evidence shows a crime was committed, in a criminal court the standard for guilt is that it must be shown that beyond a reasonable doubt, a crime was committed."

Tags:Constitution, Bill, of, Rights, prosecution, crime, common, law, judiciary, jury

Abstract
The paper relates that the Canadian Charter of Rights and Freedoms has enabled the Canadian Supreme Court effectively to change the face of legislation in Canada, and thereby arguably to change the very face of Canadian society. In this essay, the impact of the Charter on the criminal law is examined. As is shown, this impact is complex, somewhat contradictory, and sometimes intensely contentious. However, it is argued that ultimately this impact was a positive one, in that it advanced human rights in Canada.

From the Paper
"The Canadian Charter of Rights and Freedoms has enabled the Canadian Supreme Court effectively to change the face of legislation in Canada, and thereby arguably to change the very face of Canadian society. In this essay the impact of the Charter on the criminal law is examined. As will be shown, this impact is complex, somewhat contradictory, and sometimes intensely contentious. However, it will be argued that ultimately this impact was a positive one, in that it advanced human rights in Canada. Interpreting the law is not an easy matter, as statutes may be ambiguous. Therefore, the Canadian legal system has evolved guidelines for..."

Tags:charter, canadian, criminals

Abstract
The paper examines in detail the definition and meaning of criminal law, crime and social crimes. The paper shows how, to some degree, all crime punishable by criminal law is social crime and that crime in general has a variant definition, based in large part on evolving social values and taboos.

Outline:
Introduction
What is Criminal Law?
What is Crime?
What is Social Crime?
Conclusion

From the Paper
"Criminal law is the area of law in the US and elsewhere that governs the behavior of those in the community. In general the area of law determines that which is not considered "normal" behavior and then determines what punishments for deviation will be in any given society as an aspect of society, in other words under the jurisdiction of the state. In criminal proceedings individuals (or organizations) are defendants and the state is the plaintiff, where as in civil law proceedings are between two or more individuals or entities."

Tags:deviance, infraction, social, control, values

Abstract
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. 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."

Tags:devlin, j.s.mill, criminallaw

Abstract
This paper discusses the history of criminal law 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."

Tags:rules, public, enforcement

Abstract
This paper examines how the period of the industrial revolution was possibly the most influential period in the development of the criminal law 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."

Tags:industrial, revolution, peel, democracy, justice, rehabilitation

Abstract
The paper discusses insane automatism as a defense in particular situations that stresses a longstanding gap between legal views of the mind/consciousness and culpability and medical knowledge, particularly forensic psychiatric knowledge. The paper provides an outline of typical disorders and looks at the implications of incomplete diagnoses and the overall need for a defense of automatism in criminal law. The paper includes various Canadian and medico-legal sources.

From the Paper
"Automatism refers to unconscious and involuntary behaviour. In criminal proceedings, where automatism is brought to bear upon the culpability of the accused, the prosecution must prove that a prohibited act took place, the accused at fault, but in an occasion that was involuntary. Evidence of automatism may be given by the defence to rebut the inference of voluntarism or intention expressed as mens rea. Insane automatism is required as a concept and indeed defense given the likelihood that persons suffering from some mental disorders will offend in unintended ways and in..."

Tags:automatism (insane), bases, significance

Abstract
This paper examines the operation of the criminal law 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.