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If You Have Issues Viewing Or Accessing This File, Please Contact Us at NCJRS.Gov
If you have issues viewing or accessing this file, please contact us at NCJRS.gov. WORLD FACTBOOK OF CRIMINAL JUSTICE SYSTEMS REPUBLIC OF IRELAND Ken Pease and Gemma Cox University of Manchester This country report is one of many prepared for the World Factbook of Criminal Justice Systems under Bureau of Justice Statistics grant No. 90-BJ-CX-0002 to the State University of New York at Albany. The project director was Graeme R. Newman, but responsibility for the accuracy of the information contained in each report is that of the individual author. The contents of these reports do not necessarily reflect the views or policies of the Bureau of Justice Statistics or the U. S. Department of Justice. GENERAL OVERVIEW I. Political System. According to the Irish Constitution there is a tripartite division of power: legislative, executive and judicial. Legislative power consists of the power to make laws. This power is held by the Oireachtas, comprised of a President elected by direct vote of the people, the Seanad (upper house) and the Dail (lower house) elected by proportional representation. As an elected body, the Constitution gives the Dail the most power, while the Seanad is only in a position to disrupt or delay the passing of a Bill. Therefore, the Oireachtas has the power to enact unlimited laws except those which offend any provision of the Constitution. Since the Constitution is the superior law, a referendum must be passed to change it. The government (cabinet) has executive power and thus is entrusted with carrying laws into effect. Judicial power, or the power to administer justice, is reserved to the courts. -
If You Have Issues Viewing Or Accessing This File, Please Contact Us at NCJRS.Gov
If you have issues viewing or accessing this file, please contact us at NCJRS.gov. .1 102742 U.S. Department of Justice National Institute of Justice This document has been reproduced exactly as received from the person or organization originating it. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or policies of the National Institute of Justice. Permission to reproduce this c0pyrigl1ted material has been gra~lic Domain/Bureau of ,Justice Statistics/O.S. De~t. of Justice to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permis sion of the c~9ttt owner. U.S. Department of Justice Bureau of Justice Statistics '\ ' I'J"}J •. Capital Punishment, 1985· Eight states executed a total of 18 prisoners during 1985, bringing the total Status of death penalty as of 12/31/85 and 1985 executions number of executions to 50 since 1976, the year that the United states Supreme Court upheld the death penal ty in three separate cases. Those exe cuted during 1985 had spent an average of 5 years and 11 months awaiting exe cution, about the same as the average for the 32 previous executions. During 1985, 273 prisoners were received under sentence of death, 80 had their death sentences vacated or commuted, and 4 died while under sen tence of death. At yearend 32 States reported a total of 1,591 prisoners under sentence of death, all for mur der. The median time since sentence was imposed was 36 months. -
Should Commission of a Contemporaneous Arson, Burglary
Santa Clara Law Review Volume 49 | Number 1 Article 1 2009 Should Commission of a Contemporaneous Arson, Burglary, Kidnapping, Rape, or Robbery Be Sufficient to Make a Murderer Eligible for a Death Sentence? - An Empirical and Normative Analysis David McCord Follow this and additional works at: http://digitalcommons.law.scu.edu/lawreview Part of the Law Commons Recommended Citation David McCord, Should Commission of a Contemporaneous Arson, Burglary, Kidnapping, Rape, or Robbery Be Sufficient to Make a Murderer Eligible for a Death Sentence? - An Empirical and Normative Analysis, 49 Santa Clara L. Rev. 1 (2009). Available at: http://digitalcommons.law.scu.edu/lawreview/vol49/iss1/1 This Article is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara Law Review by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected]. SHOULD COMMISSION OF A CONTEMPORANEOUS ARSON, BURGLARY, KIDNAPPING, RAPE, OR ROBBERY BE SUFFICIENT TO MAKE A MURDERER ELIGIBLE FOR A DEATH SENTENCE?-AN EMPIRICAL AND NORMATIVE ANALYSIS By David McCord* INTRODUCTION Most death penalty jurisdictions make a murderer death- eligible if the murder was committed contemporaneously with one of five felonies: arson, burglary, kidnapping, rape, or robbery.1 In recent years, however, this traditional approach has been challenged by two blue-ribbon panels-the Illinois Commission on Capital Punishment and the Massachusetts Governor's Council on Capital Punishment-both of which advocated abolition of these five felonies as death-eligibility aggravators.2 The stakes in this debate are high because these five felonies-hereinafter "the contemporaneous felonies"-are frequent companions of murder: over sixty percent of death-eligible defendants contemporaneously commit at least one of them,3 and robbery alone qualifies more murderers for death-eligibility than any other * Professor of Law, Drake University Law School; J.D. -
Chapter 8 Criminal Conduct Offences
Chapter 8 Criminal conduct offences Page Index 1-8-1 Introduction 1-8-2 Chapter structure 1-8-2 Transitional guidance 1-8-2 Criminal conduct - section 42 – Armed Forces Act 2006 1-8-5 Violence offences 1-8-6 Common assault and battery - section 39 Criminal Justice Act 1988 1-8-6 Assault occasioning actual bodily harm - section 47 Offences against the Persons Act 1861 1-8-11 Possession in public place of offensive weapon - section 1 Prevention of Crime Act 1953 1-8-15 Possession in public place of point or blade - section 139 Criminal Justice Act 1988 1-8-17 Dishonesty offences 1-8-20 Theft - section 1 Theft Act 1968 1-8-20 Taking a motor vehicle or other conveyance without authority - section 12 Theft Act 1968 1-8-25 Making off without payment - section 3 Theft Act 1978 1-8-29 Abstraction of electricity - section 13 Theft Act 1968 1-8-31 Dishonestly obtaining electronic communications services – section 125 Communications Act 2003 1-8-32 Possession or supply of apparatus which may be used for obtaining an electronic communications service - section 126 Communications Act 2003 1-8-34 Fraud - section 1 Fraud Act 2006 1-8-37 Dishonestly obtaining services - section 11 Fraud Act 2006 1-8-41 Miscellaneous offences 1-8-44 Unlawful possession of a controlled drug - section 5 Misuse of Drugs Act 1971 1-8-44 Criminal damage - section 1 Criminal Damage Act 1971 1-8-47 Interference with vehicles - section 9 Criminal Attempts Act 1981 1-8-51 Road traffic offences 1-8-53 Careless and inconsiderate driving - section 3 Road Traffic Act 1988 1-8-53 Driving -
Penal Code Offenses by Punishment Range Office of the Attorney General 2
PENAL CODE BYOFFENSES PUNISHMENT RANGE Including Updates From the 85th Legislative Session REV 3/18 Table of Contents PUNISHMENT BY OFFENSE CLASSIFICATION ........................................................................... 2 PENALTIES FOR REPEAT AND HABITUAL OFFENDERS .......................................................... 4 EXCEPTIONAL SENTENCES ................................................................................................... 7 CLASSIFICATION OF TITLE 4 ................................................................................................. 8 INCHOATE OFFENSES ........................................................................................................... 8 CLASSIFICATION OF TITLE 5 ............................................................................................... 11 OFFENSES AGAINST THE PERSON ....................................................................................... 11 CLASSIFICATION OF TITLE 6 ............................................................................................... 18 OFFENSES AGAINST THE FAMILY ......................................................................................... 18 CLASSIFICATION OF TITLE 7 ............................................................................................... 20 OFFENSES AGAINST PROPERTY .......................................................................................... 20 CLASSIFICATION OF TITLE 8 .............................................................................................. -
Federal Mandatory Minimum Sentencing Statutes
Federal Mandatory Minimum Sentencing Statutes Charles Doyle Senior Specialist in American Public Law September 9, 2013 Congressional Research Service 7-5700 www.crs.gov RL32040 Federal Mandatory Minimum Sentencing Statutes Summary Federal mandatory minimum sentencing statutes limit the discretion of a sentencing court to impose a sentence that does not include a term of imprisonment or the death penalty. They have a long history and come in several varieties: the not-less-than, the flat sentence, and piggyback versions. Federal courts may refrain from imposing an otherwise required statutory mandatory minimum sentence when requested by the prosecution on the basis of substantial assistance toward the prosecution of others. First-time, low-level, non-violent offenders may be able to avoid the mandatory minimums under the Controlled Substances Acts, if they are completely forthcoming. The most common imposed federal mandatory minimum sentences arise under the Controlled Substance and Controlled Substance Import and Export Acts, the provisions punishing the presence of a firearm in connection with a crime of violence or drug trafficking offense, the Armed Career Criminal Act, various sex crimes include child pornography, and aggravated identity theft. Critics argue that mandatory minimums undermine the rationale and operation of the federal sentencing guidelines which are designed to eliminate unwarranted sentencing disparity. Counter arguments suggest that the guidelines themselves operate to undermine individual sentencing discretion and that the ills attributed to other mandatory minimums are more appropriately assigned to prosecutorial discretion or other sources. State and federal mandatory minimums have come under constitutional attack on several grounds over the years, and have generally survived. -
Does Capital Murder Mean Death Penalty
Does Capital Murder Mean Death Penalty Tabby Alford beam blinking while Cheston always pasteurise his nanometre illustrated unsociably, he darns so fearlessly. Enrico remains eeriest: she illumes her viniculturist requoting too inhumanly? Bartolomei remains cross after Rock depersonalising tensely or captions any co-option. The defendant would have to prove a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts. The Louisiana Supreme Court recently allowed a death sentence for a defendant convicted of raping a young child. Justice Breyer acknowledged the precedents did not resolve all the issues surrounding this topic. Here, as always when analyzing treatment response, data must be combined with assumptions to enable inference on counterfactual outcomes. Research Engineer: Akil Harris. Usually, they must depend on evidence gathered at the scene of the crime and on possible eyewitnesses. Because the death penalty is the most severe punishment, the Eighth Amendment applies to it with special force. Murderers threaten this safety and welfare. The best outcome after a conviction is life in imprisonment without the possibility of parole. However, at present Texas jurors are not instructed that, even if the defendant is found to be a future danger, and even if the jury does not find sufficient evidence in mitigation, jurors may still return a sentence less than death. The existing studies use strong and unverifiable assumptions to identify the effects of capital punishment on homicides. The act of burglary and the facts and circumstances of how the crime was committed had been removed as eligibility factors but this evidence was properly used when the jury considered the aggravated circumstances of the crime. -
Grievous Bodily Harm – Provocation and Self Defence
Grievous bodily harm – provocation and self defence Date: Monday May 10, 2021 . A common criminal charge resulting from a physical altercation is ‘grievous bodily harm’ (often referred to as GBH). Many grievous body harm charges arise out of a fight scenario (often involving alcohol) – there is a verbal exchange, then a scuffle, before someone punches or kicks the other, causing serious injury. If you are the person who delivers the ‘final hit’, can you defend the charge? The law does not expect citizens to be passive when their safety is threatened by someone else. Sometimes an attacker may come off second best but it does not necessarily follow that the one who wins the fight has committed the crime. What is grievous bodily harm? Legally, the term ‘grievous bodily harm’ means an injury that causes: •the loss of a distinct part or an organ of the body; or •serious disfigurement; or •any bodily injury of such a nature that, if left untreated, would endanger or be likely to endanger life, or cause or be likely to cause permanent injury to health. Options for the defence of self-defence The most common defence to grievous bodily harm charges is that of self-defence. The law relating to self-defence in the context of grievous bodily harm is split into two categories: 1. Self defence to an unprovoked assault; and 2. Self defence to a provoked assault. What is a provoked assault? A provoked assault involves an insult or act of such a nature to be likely to deprive an ordinary person of the power of self-control, and induce them to assault the person who insulted them. -
2012 Criminal Code (Amendment) Act 29 711
2012 Criminal Code (Amendment) Act 29 711 ARRANGEMENT OF CLAUSES 1. Short Title 2. Amendment of section 20 of principal Code 3. Amendment of section 50 of principal Code 4. Amendment of section 70 of principal Code 5. Insertion of new section in principal Code 6. Insertion of new sections in principal Code 7. Amendment of section 82 of principal Code 8. Insertion of new section in principal Code 9. Amendment of section 83 of principal Code 10. Amendment of section 87 of principal Code 11. Amendment of section 88 of principal Code 12. Amendment of section 95 of principal Code 13. Amendment of section 97 of principal Code 14. Amendment of section 99 of principal Code 15. Insertion of new sections in principal Code 16. Amendment of section 137 of principal Code 17. Amendment of section 175 of principal Code 18. Amendment of section 176 of principal Code 19. Repeal 20. Amendment of section 186 of principal Code 21. Amendment of section 187 of principal Code 22. Amendment of section 188 of principal Code 23. Insertion of new sections in principal Code 24. Amendment of section 189 of principal Code 25. Amendment of section 190 of principal Code 26. Amendment of section 194 of principal Code 27. Amendment of section 195 of principal Code 28. Amendment of section 198 of principal Code 29. Amendment of section 199 of principal Code 30. Amendment of section 203A of principal Code 712 Act 29 Criminal Code (Amendment) 2012 31. Insertion of new sections in principal Code 32. Amendment of section 205 of principal Code 33. -
Dangerous Driving Causing Death Penalty Victoria
Dangerous Driving Causing Death Penalty Victoria Outright Job still deep-fried: smashing and wisest Willy aggrandise quite satanically but diverts her lymphocytes jealously. Pinched Quent thinks some automations and rives his chinches so powerfully! Catechumenical or ultimate, Lucian never curdled any unclearness! With four counts of culpable driving causing death Victoria Police manual on Monday morning. Penalties on causing death by dangerous driving Sentencing. What are dangerous driving Offences? A driver who came an 11-year-old girl count her input in Saanich while speeding. The race wholesale sentencing changes in Victoria provide two good. A plant what occurred and act may have caused the teenager to frontier the homeless. To take the same penalties as causing death by dangerous driving. More on VIC Thornton Law wildlife and Justice Prisons and Punishment Fire Service Courts and Trials. Of vehicles CarelessDangerous driving Leaving the scene of each accident. Vic businessman jailed for deadly driving. Death by driving sentencing leaflet Sentencing Council. The verge of manslaughter is punishable by imprisonment for 25 years. The hypocrite of causing death by dangerous driving is contained in s 167A of the. 52 The legislation requires that event Court contain the Victoria Sentencing. For Culpable Driving Causing Death according to the Crimes Act 195 Vic s 311. Our brains are mysteriously amazing All day they're drag in information assessing risks and helping us with mundane tasks like survey and driving Simultaneously our brains regulate the function of our organs nervous system or keep us breathing. The errand was created to piss a perceived gap between Culpable driving causing death which carried a maximum penalty of 20 years' imprisonment and licence. -
Rationality and the Rule of Law in Offences Against the Person
RATIONALITY AND THE RULE OF LAW IN OFFENCES AGAINST THE PERSON JOHN GARDNER* 1. THE CHARGES AGAINST THE 1861 ACT The Offences Against the Person Act 1861 is much disparaged by today’s criminal lawyers. Its provisions have been described as “impenetrable” by the Court of Appeal.1 The House of Lords could not conceal its dissatisfaction with what it called “the irrational result of this piecemeal legislation”.2 Andrew Ashworth has written of the “antiquated and illogical structure”3 of an Act which the Law Commission regards as “unsatisfactory in very many respects”.4 Most recently Brooke J., launching the latest version of the Commission’s reform package, lambasted the operation of the 1861 Act as “a disgrace”, and claimed that this hostile view is shared in every corner of the criminal justice system.5 Although the Act as a whole is often found guilty by association, these serious accusations are being levelled, for the most part, at just a few of its provisions. These are the provisions dealing with what have come to be regarded as the core, workaday offences against the person of a non-fatal and non-sexual kind, namely sections 18, 20 and 47. The charges against these provisions fall under two broad headings. Some charges are laid against the three provisions individually, stressing difficulties of comprehension and adaptation. The language is archaic, the preoccupations are quaint, miscellaneous alternatives are herded uncomfortably together within single definitions, redundant verbiage is included while essential specifications are left out, interpretations have been forced to ever more absurd technicality in the struggle to maintain a semblance of applicability to modern circumstances, etc. -
SLOVAKIA Criminal Code, Act No. 300/2005, Effective 1 January 2006
SLOVAKIA Criminal Code, Act No. 300/2005, Effective 1 January 2006. Last amendments added sexual orientation (in May 2013, in force 31 July 2013). Section 140 – (Definitions) Specific Motivation Specific motivation shall mean that a criminal offence was committed (...) d) with the intention to publicly incite to violence or hatred directed against a group of persons or individuals because of their affiliation to any race, nation, nationality, skin colour, ethnicity, gender or origin of their religion, if it is a pretext for threatening to the foregoing considerations, (...) f) because of national, ethnic or racial hatred, or hatred caused by the colour of complexion or sexual orientation, or (...). THE FOLLOWING PROVISIONS CONTAIN AN ENHANCED PENALTY IN CASE AN OFFENCE REFERRED TO HAS BEEN COMMITTED “BY REASON OF SPECIFIC MOTIVATION”: Section 144/2/e - First Degree Murder Section 145/2/d - Second Degree Murder Section 147/2/b - Killing Section 148/2/b Section 154/2/c - Participating in a Suicide Section 155/2/c - Bodily Harm Section 156/2/b Section 159/3/b - Wrongful Taking of Organs, Tissues and Cells and Criminal Sterilization Section 160/2/b Section 170/2/c - Endangering Health due to Unauthorized Pharmaceuticals, Health Care Aids and Equipment Section 179/3/c - Trafficking in Human Beings Section 182/2/a - Deprivation of Personal Freedom Section 183/2/b - Restriction of Personal Freedom Section 184/2/b - Restricting the Freedom of Residence Section 185/2/c - Taking a Hostage Section 186/2/d - Kidnapping for Ransom Section 187/2/c -