Liability When a crime is committed, actus reus, police and other criminologists will need to find out who is responsible. According to the criminal justice system, if a person is accused of a crime, the people in positions of authority in that jurisdiction must determine how liable that suspect is for the actions that they have performed. Most suspects will be found to be of sound mind and therefore they are completely responsible for what they have done and will have to face the full penalty for their crimes. They will be found mens rea, meaning that the person was fully aware of the repercussions of their actions but chose to commit a crime anyway. Some people however are found to be unsound in terms of their mental faculties. These people will be considered less liable because a mental illness or sociological influences may have prevented them from understanding the full implications of their actions. The topic of liability is in the news recently partly due to the large number of mass shootings that have come of late. Criminologists and psychologists have tried...
Crimes were committed in Colorado at a movie theater, at a mall in Oregon, and at an elementary school in Connecticut just to name a few. Many people have died because of these incidences and many more have been injured, most of them young people. One of the earliest last year was the case of seventeen-year-old T.J. Lane who perpetrated a school shooting at Chardon High School in Ohio where he fired ten shots which injured half a dozen students which took place on the 27th of February (Tavernise 2012). After confessing to the crime in court, psychologists brought up mitigating factors which they believe should be used to determine Lane's criminal liability and subsequent punishment.
Police civil liability is one of the more complex areas of civil law. Because of their unique position in society, police officers have to be free to engage in behavior that would be tortious if it was committed by people outside of law enforcement. However, that same unique societal position means that those in law enforcement are given opportunities to abuse power that others do not have. The apparent dichotomy
Australian Consumer Law (ACL) is a broad-based law the impacts both businesses and consumers. The ACL represents a unified codification of a variety of prior product liability laws. In fact, one of its main benefits is that the law is applicable throughout Australia. Another major component of the law is that it imposes a strict liability standard on manufacturers and suppliers of goods, which was not a uniform standard prior
Hypothetical Scenario Did Lennie cause the first officer's death? Distinguish between proximate cause and cause in fact. Are there any intervening causes? If so, are they superseding? Explain in detail every argument that could help Lennie and every argument that the prosecution is likely to use against him using only the concepts you learned in class. "Cause in fact requires that the defendant's negligent conduct was the actual cause of the plaintiff's
" The Encarta dictionary also uses "force" in this context: "To create something, such as a way through something, using physical strength or another kind of power." In Courtney's case, his power was smooth deception. His polite mannerisms, his seeming grace, his expensive clothes, his high-toned office and expensive homes and generosity to the church -- all these things created a very believable deception, that can be seen as "another kind
torts that have been developed in order foster the understanding of various civil wrongs when one is engaging in a business practice. These include the intentional, strict liability, and negligence torts. The torts have been classified according to the contextual framework by which they were committed. The following definitions have been widely accepted to define the different types of torts in business law. An intentional Tort An intentional tort is a
Not all offense levels are entitled to a jury trial and each jurisdiction has its own standard in this regard. As a general rule, however, any offense involving the possibility of incarceration as a sanction is entitled to the benefit of a jury trial. This same standard is applicable, as well, to the right of every defendant to be represented by counsel. In all cases, regardless of the seriousness
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