Chapter 8:01 Criminal Law (Offences) Act Arrangement of Sections
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Bill Digest: Thirty-Seventh Amendment of the Constitution
Bill Digest | Thirty-seventh Amendment of the Constitution-Blasphemy Bill 2018 1 Bill Digest Thirty-seventh Amendment of the Constitution (Repeal of offence of publication or utterance of blasphemous matter) Bill 2018 Bill No. 87 of 2018 Roni Buckley, Parliamentary Researcher (Law) Monday, 23 July 2018 Abstract The Thirty-seventh Amendment of the Constitution (Repeal of the offence of publication or utterance of blasphemous matter) Bill 2018 proposes the removal of the offence of blasphemy from the Constitution by way of referendum. Under the current framework the Constitution provides that the offence of blasphemy is punishable according to law. The Defamation Act 2009 defines the offence and provides that a person shall be liable upon conviction on indictment for a maximum fine of €25,000. This Digest sets out recent events and controversies relating to blasphemy; assesses its historical and legislative development as well as relevant case-law. Finally, the Digest provides a comparative analysis with European and international countries. Oireachtas Library & Research Service | Bill Digest 2 Contents Summary ........................................................................................................................................ 4 Proposed Amendment ................................................................................................................. 4 Definition of Blasphemy ............................................................................................................... 4 Reviews of the offence -
Section 7: Criminal Offense, Criminal Responsibility, and Commission of a Criminal Offense
63 Section 7: Criminal Offense, Criminal Responsibility, and Commission of a Criminal Offense Article 15: Criminal Offense A criminal offense is an unlawful act: (a) that is prescribed as a criminal offense by law; (b) whose characteristics are specified by law; and (c) for which a penalty is prescribed by law. Commentary This provision reiterates some of the aspects of the principle of legality and others relating to the purposes and limits of criminal legislation. Reference should be made to Article 2 (“Purpose and Limits of Criminal Legislation”) and Article 3 (“Principle of Legality”) and their accompanying commentaries. Article 16: Criminal Responsibility A person who commits a criminal offense is criminally responsible if: (a) he or she commits a criminal offense, as defined under Article 15, with intention, recklessness, or negligence as defined in Article 18; IOP573A_ModelCodes_Part1.indd 63 6/25/07 10:13:18 AM 64 • General Part, Section (b) no lawful justification exists under Articles 20–22 of the MCC for the commission of the criminal offense; (c) there are no grounds excluding criminal responsibility for the commission of the criminal offense under Articles 2–26 of the MCC; and (d) there are no other statutorily defined grounds excluding criminal responsibility. Commentary When a person is found criminally responsible for the commission of a criminal offense, he or she can be convicted of this offense, and a penalty or penalties may be imposed upon him or her as provided for in the MCC. Article 16 lays down the elements required for a finding of criminal responsibility against a person. -
Nvcc College-Wide Course Content Summary Lgl 218 - Criminal Law (3 Cr.)
NVCC COLLEGE-WIDE COURSE CONTENT SUMMARY LGL 218 - CRIMINAL LAW (3 CR.) COURSE DESCRIPTION Focuses on major crimes, including their classification, elements of proof, intent, conspiracy, responsibility, parties, and defenses. Emphasizes Virginia law. May include general principles of applicable Constitutional law and criminal procedure. Lecture 3 hours per week. GENERAL COURSE PURPOSE This course is designed to introduce the student to the various substantive and procedural areas of criminal law. ENTRY LEVEL COMPETENCIES Although there are no prerequisites for this course, proficiency (at the high school level) in spoken and written English is recommended for its successful completion. COURSE OBJECTIVES Upon completion of this course, the student should be able to: - describe the structure of the criminal justice system - describe the elements of various federal and Virginia state crimes - understand the ways in which a person can become a party to a crime - describe the elements of various affirmative defenses to federal and Virginia state crimes - understand the basic structure of the law governing arrest, search and seizure, and recognize Constitutional issues posed in these areas - describe the stages of criminal proceedings, in both federal and state courts, and assist a prosecutor or defense lawyer at each stage of such proceedings MAJOR TOPICS TO BE INCLUDED - crimes versus moral wrongs - felonies vs. misdemeanors - criminal capacity - actus reas, mens rea and causation - elements of various federal and Virginia state crimes - inchoate crimes: attempt, solicitation, and conspiracy - parties to a crime - affirmative defenses - insanity - probable cause - arrest, with and without a warrant - search and seizure, with and without a warrant - grand jury indictments - bail and pretrial release - pretrial proceedings - steps of trial and appeal EXTRA TOPICS WHICH MAY BE INCLUDED - purposes of criminal law and punishment - sentencing, probation and parole - special issues posed by mental illness - special issues posed by the death penalty . -
The Unnecessary Crime of Conspiracy
California Law Review VOL. 61 SEPTEMBER 1973 No. 5 The Unnecessary Crime of Conspiracy Phillip E. Johnson* The literature on the subject of criminal conspiracy reflects a sort of rough consensus. Conspiracy, it is generally said, is a necessary doctrine in some respects, but also one that is overbroad and invites abuse. Conspiracy has been thought to be necessary for one or both of two reasons. First, it is said that a separate offense of conspiracy is useful to supplement the generally restrictive law of attempts. Plot- ters who are arrested before they can carry out their dangerous schemes may be convicted of conspiracy even though they did not go far enough towards completion of their criminal plan to be guilty of attempt.' Second, conspiracy is said to be a vital legal weapon in the prosecu- tion of "organized crime," however defined.' As Mr. Justice Jackson put it, "the basic conspiracy principle has some place in modem crimi- nal law, because to unite, back of a criniinal purpose, the strength, op- Professor of Law, University of California, Berkeley. A.B., Harvard Uni- versity, 1961; J.D., University of Chicago, 1965. 1. The most cogent statement of this point is in Note, 14 U. OF TORONTO FACULTY OF LAW REv. 56, 61-62 (1956): "Since we are fettered by an unrealistic law of criminal attempts, overbalanced in favour of external acts, awaiting the lit match or the cocked and aimed pistol, the law of criminal conspiracy has been em- ployed to fill the gap." See also MODEL PENAL CODE § 5.03, Comment at 96-97 (Tent. -
Parties to Crime and Vicarious Liability
CHAPTER 6: PARTIES TO CRIME AND VICARIOUS LIABILITY The text discusses parties to crime in terms of accessories and accomplices. Accessories are defined as accessory before the fact – those who help prepare for the crime – and accessories after the fact – those who assist offenders after the crime. Accomplices are defined as those who participate in the crime. Under the common law, accessories were typically not punished as much as accomplices or principle offenders; on the other hand, accomplices were usually punished the same as principal offenders. Accomplices and Accessories Before the Fact Under Ohio’s statutes, accomplices and accessories before the fact are now treated similarly, while accessories after the fact are treated separately under the obstruction of justice statute discussed later. Under Ohio’s complicity staute: (A) No person acting with the kind of culpability required for an offense…shall do any of the following: Solicit or procure another to commit the offense; Aid or abet another in committing the offense; Conspire with another to commit the offense… ; Cause an innocent or irresponsible person to commit the offense. (Ohio Revised Code, § 2923.03, 1986, available at http://codes.ohio.gov/orc/2923.03). Note that parts of the complicity statute – (A)(1) and (A)(3) – mention both solicitation and conspiracy. These two crimes are discussed in Chapter 7. The punishment for complicity is the same as for the principal offender; that is, if Offender A robs a liquor store and Offender B drives the getaway car, both offenders are subject to the same punishment, even though Offender A would be charged with robbery and Offender B would be charged with complicity (Ohio Revised Code, § 2923.03 (F), 1986, available at http://codes.ohio.gov/orc/2923.03). -
'Ite Offences Against the Person
OFFENCES AGAINST THE PERSON ’ITE OFFENCES AGAINST THE PERSON ACT ARRANGEMENT OF SECTIONS 1. short title. Homicide 2. Capitall murders. 3. Sentence of death. Sentence of death not to be passed on pregnant mmm. Procedure where woman convicted of capital offence alleges she is pregnant. 3~.Life imprisonment for non-capital murder. 3~.Provisions as to procedure and regarding repulted and multiple murders. 3c. Proyisions as to appeab in relation to repeated and multiple murders. 3~.Provisions as to procedure regarding two or more murders tried together. 4. Abolition of ‘‘ms~~emalice’’. 5. Persons suffering from diminished responsibility. 6. Provocation. 7. suicide pact. 8. Conspiring or soliciting to commit murder. 9. Manslaughter. 10. Exasable homicide. 11. Petit tnasm. 12. Provision for trial of certain cases of murder or manslaryhtcr. Attempts to Murder 13. Administering poison, or wounding with intent to murder. 14. Destroying or damaging building with intent to murder. 15. Setting 6re to ship, etc., with intent to murder. 16. Attempting to administer poison, etc.. with intent to murder. 17. By other means attempting to commit murder. htters Threatening to Murder 18. Letters threatening to murder. [The inclusion of thiu page is authorized by L.N. 42/1995] OFFENCES A CAINST THE PERSON Acts Causing or Tending to Cause Donger to rife, or Bodily Harm 19. Preventing person endeavouring to save his life in shipwreck. 20. Shooting or attempting to shoot or wounding with intent to do grievous bodily harm. 21. What shall be deemed loaded arms. 22. Unlawful wounding. 23. Attempting to choke, etc., in order to commit indictable offence. -
Now Guyana) — Harry T
Dr. and Mrs. JB Singh with family and friends at their home, “Ayodhya,” at 273 Lamaha Street (purchased in 1923), North Cummingsburg, Georgetown, British Guiana (Guyana), circa. 1928. From left to right: (standing) Pratap Narine, “Tappie,” their fourth child and third son; Indal, JB’s youngest brother; Pitamber Doobay, JB’s closest friend and confi- dante; Mrs. Singh; and Victor Ramsaran; (sitting, back row) young lady (name unknown) and Efreda Chandrawati, “Moon,” eldest daughter; (sitting, front row) young lady (name unknown) and Gangadai,“Nelly,” JB’s only sister. The copyrighted pictures of Alice Singh were provided by Karna Singh and were taken from the 'Heritage Collection of Dr. and Mrs. JB Singh'. Courtesy: Dr. Baytoram Ramharack Edited by Somdat Mahabir & Ramesh Gampat 180 YEARS OF INDIANS IN GUYANA (1838-2018) Edited by Somdat Mahabir & Ramesh Gampat Caribbean Hindu Network (CHN) Published on May 5, 2018 Suggested citation of this publication Citation of the entire publication: Somdat Mahabir and Ramesh Gampat (Editors), 180 Years of Indi- ans in Guyana (1838-2018), Caribbean Hindu Network, 2018. Citation of specific papers: Baytoram Ramharack, Remembering Alice Singh of Guyana: Notes from her Diary in Guyana (1838-2018). In: Somdat Mahabir and Ramesh Gampat (Editors), 180 Years of Indians in Guyana (1838-2018), pp 23-33, Caribbean Hindu Network, 2018. Cover picture Dr. and Mrs. JB Singh with family and friends at their home, “Ayodhya,” at 273 Lamaha Street (purchased in 1923), North Cummingsburg, Georgetown, British Guiana (Guyana), circa. 1928. From left to right: (standing) Pratap Narine, “Tappie,” their fourth child and third son; Indal, JB’s youngest brother; Pitamber Doobay, JB’s closest friend and confidante; Mrs. -
Virginia Model Jury Instructions – Criminal
Virginia Model Jury Instructions – Criminal Release 20, September 2019 NOTICE TO USERS: THE FOLLOWING SET OF UNANNOTATED MODEL JURY INSTRUCTIONS ARE BEING MADE AVAILABLE WITH THE PERMISSION OF THE PUBLISHER, MATTHEW BENDER & COMPANY, INC. PLEASE NOTE THAT THE FULL ANNOTATED VERSION OF THESE MODEL JURY INSTRUCTIONS IS AVAILABLE FOR PURCHASE FROM MATTHEW BENDER® BY WAY OF THE FOLLOWING LINK: https://store.lexisnexis.com/categories/area-of-practice/criminal-law-procedure- 161/virginia-model-jury-instructions-criminal-skuusSku6572 Matthew Bender is a registered trademark of Matthew Bender & Company, Inc. Instruction No. 2.050 Preliminary Instructions to Jury Members of the jury, the order of the trial of this case will be in four stages: 1. Opening statements 2. Presentation of the evidence 3. Instructions of law 4. Final argument After the conclusion of final argument, I will instruct you concerning your deliberations. You will then go to your room, select a foreperson, deliberate, and arrive at your verdict. Opening Statements First, the Commonwealth's attorney may make an opening statement outlining his or her case. Then the defendant's attorney also may make an opening statement. Neither side is required to do so. Presentation of the Evidence [Second, following the opening statements, the Commonwealth will introduce evidence, after which the defendant then has the right to introduce evidence (but is not required to do so). Rebuttal evidence may then be introduced if appropriate.] [Second, following the opening statements, the evidence will be presented.] Instructions of Law Third, at the conclusion of all evidence, I will instruct you on the law which is to be applied to this case. -
Criminal Assault Includes Both a Specific Intent to Commit a Battery, and a Battery That Is Otherwise Unprivileged Committed with Only General Intent
QUESTION 5 Don has owned Don's Market in the central city for twelve years. He has been robbed and burglarized ten times in the past ten months. The police have never arrested anyone. At a neighborhood crime prevention meeting, apolice officer told Don of the state's new "shoot the burglar" law. That law reads: Any citizen may defend his or her place of residence against intrusion by a burglar, or other felon, by the use of deadly force. Don moved a cot and a hot plate into the back of the Market and began sleeping there, with a shotgun at the ready. After several weeks of waiting, one night Don heard noises. When he went to the door, he saw several young men running away. It then dawned on him that, even with the shotgun, he might be in a precarious position. He would likely only get one shot and any burglars would get the next ones. With this in mind, he loaded the shotgun and fastened it to the counter, facing the front door. He attached a string to the trigger so that the gun would fire when the door was opened. Next, thinking that when burglars enter it would be better if they damaged as little as possible, he unlocked the front door. He then went out the back window and down the block to sleep at his girlfriend's, where he had been staying for most of the past year. That same night a police officer, making his rounds, tried the door of the Market, found it open, poked his head in, and was severely wounded by the blast. -
Organization Interpol
If you have issues viewing or accessing this file contact us at NCJRS.gov. APR ~1976 , INTERNATIONAL' CRIMINAL ,POLICE ORGANIZATION INTERPOL / XXXVlllth GENERAL ASSEMBLY SESSION MEXICO 13th - 18th OCTOBER 1969 Report submitted by ~he GENERAL SECRETARIAT Subject : POWERS. AND DUTIES OF THE POLICE WITH REGARD TO DETENTION. A INTRODUCTION Backa-FC?1l.?d to. the survey. The Organisation's programme of activities adopted by tho G:~:c9ral Assembly sessions in.1965 and 1967 included an important survey, to be conctucted in several stages 7 of tho powers and duties of the police whon investigating offences against criminal law. The first part of this survey covers thG pm-Ters and dutios of the police with regard to the detention of persons. Circula.r N° 1898-POLNA!112 lias sent oat on 8th April 1968 to all ,'.' Interpol Nation9.l Central Bureaus 7 enclosing a q.uestionnaire on this subject. t. ; The Circular explained that the aim of the survey was to obtain information t~ from each a.ffiliated country on the legal conditions in which "the pOli.ce m~y ~ hold for a certain time for th~ purposes of criminal enquiries a person who • has not boen charged and for whom a 'tITarrant of arrest has nO'b been issued by ~.. \:0 a magistrate". .j. ~ 'r - 2 - - 3 - Power to datal'n or hold a person fO)' qu t' , vTe felt there was little point in dealing with arrests made by order exercise of the power of arrest. Fo~ t es lOnlng ~s subordinate to the of a magistrate with a view to bringing a person to trial, or arrests made in to the power of detaining a parson Whoh~:en~~un~rles therefors 7 with regard execution of a conviction, since the regulations governing such cases are arrest warrant has been; "''''ued 't c arged and for Vlhom no probably of a similar natuy.o in most oountries. -
Participant List
Participant List 10/20/2019 8:45:44 AM Category First Name Last Name Position Organization Nationality CSO Jillian Abballe UN Advocacy Officer and Anglican Communion United States Head of Office Ramil Abbasov Chariman of the Managing Spektr Socio-Economic Azerbaijan Board Researches and Development Public Union Babak Abbaszadeh President and Chief Toronto Centre for Global Canada Executive Officer Leadership in Financial Supervision Amr Abdallah Director, Gulf Programs Educaiton for Employment - United States EFE HAGAR ABDELRAHM African affairs & SDGs Unit Maat for Peace, Development Egypt AN Manager and Human Rights Abukar Abdi CEO Juba Foundation Kenya Nabil Abdo MENA Senior Policy Oxfam International Lebanon Advisor Mala Abdulaziz Executive director Swift Relief Foundation Nigeria Maryati Abdullah Director/National Publish What You Pay Indonesia Coordinator Indonesia Yussuf Abdullahi Regional Team Lead Pact Kenya Abdulahi Abdulraheem Executive Director Initiative for Sound Education Nigeria Relationship & Health Muttaqa Abdulra'uf Research Fellow International Trade Union Nigeria Confederation (ITUC) Kehinde Abdulsalam Interfaith Minister Strength in Diversity Nigeria Development Centre, Nigeria Kassim Abdulsalam Zonal Coordinator/Field Strength in Diversity Nigeria Executive Development Centre, Nigeria and Farmers Advocacy and Support Initiative in Nig Shahlo Abdunabizoda Director Jahon Tajikistan Shontaye Abegaz Executive Director International Insitute for Human United States Security Subhashini Abeysinghe Research Director Verite -
After Serrano Ethics, Theology and the Law of Blasphemy
Law Text Culture Volume 5 Issue 1 Law & The Sacred Article 3 January 2000 After Serrano Ethics, Theology and the Law of Blasphemy M. Casey Catholic Diocese, Melbourne A. Fischer H. Ramsay Catholic Diocese, Melbourne Follow this and additional works at: https://ro.uow.edu.au/ltc Recommended Citation Casey, M.; Fischer, A.; and Ramsay, H., After Serrano Ethics, Theology and the Law of Blasphemy, Law Text Culture, 5, 2000. Available at:https://ro.uow.edu.au/ltc/vol5/iss1/3 Research Online is the open access institutional repository for the University of Wollongong. For further information contact the UOW Library: [email protected] After Serrano Ethics, Theology and the Law of Blasphemy Abstract In the latest academic apologia for the antics of bad boy photographer Andres Serrano, Damien Casey attempts to portray him as not only a great liberal artist, but as a great Christian theologian too. One suspects Serrano is laughing up his sleeve at the ease with which such 'postmodern' thinking can be grafted on to the support of his iconoclasm. Casey rehearses some of the standard liberal excuses -- though with no fresh argument -- and then settles down to some more novel points concerning theology, Scripture and society. We will give some treatment of his standard liberal case first, then turn ot Casey's more original contributions, and finally comment on the current state of the law regarding this issue. This journal article is available in Law Text Culture: https://ro.uow.edu.au/ltc/vol5/iss1/3 Law & The Sacred: After Serrano Ethics, Theology and the Law of Blasphemy Michael Casey, Anthony Fisher OP & Hayden Ramsay In the latest academic apologia for the antics of bad boy photographer Andres Serrano, Damien Casey attempts to portray him as not only a great liberal artist, but as a great Christian theologian too.