Capital Punishment
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Download JULY 1933.Pdf
lituttfll tatf.a 1!lurfau nf ]Utlflittgatinu 3Jn4u 1Ellgar llInunrr. itrrrtor l'lali4iugfnu. 13. or . ., " . There is toQ..ay a -most encouraging .. indication of increased publ ic in terest in crlme probŅems . Thi s interest lS,being manifested by civic groups, -'institutes of goyhrnment, the press, and organizations of ' different types, as • well as more frequent activņty on the part.oŇ individual citizens . This is a , reflection of a condition precedent 'to the fuňlreʼnliŊation of the American ,.' people of their responsibiU ty in connectibJ? 'wltlf' such problems . We, the law enforcement officials and agencies of the,natŋon, qan and should exert every effort to stimulate the interest now being shown and to direct this interest ' : toward the cotisummati6n of the desired obj ective, namely, a recognition of the fact that the law enfotceŌent offigers are thō nati9n 's peace-time soldiers always on actŎve duty aŏq tpat tŐe citiőens,of the.countrY are allies of these officers . Certainly, no citizhn, in time of war or national danger, would be worthy of his trust if he·concealed information of value to our armed forces, or if he concealed information concerning the activities or whereabouts of enemy spies. Obviously, the same responsioility exists in the warfare against crime and criminal s. The criminal is a public enemy., CQmfort, solace , and aid are' given this enemy when a·citizen does'not promptly report the commission of a crime, or the' whereabouts and activity 'of violator or a fugitive . The responsibil ity of course goes even further, and'extends to the duty of serving as a witness or as a juror, without fear or favor. -
Penal Code Chapter 32. Fraud
PENAL CODE TITLE 7. OFFENSES AGAINST PROPERTY CHAPTER 32. FRAUD SUBCHAPTER A. GENERAL PROVISIONS Sec.A32.01.AADEFINITIONS. In this chapter: (1)AA"Financial institution" means a bank, trust company, insurance company, credit union, building and loan association, savings and loan association, investment trust, investment company, or any other organization held out to the public as a place for deposit of funds or medium of savings or collective investment. (2)AA"Property" means: (A)AAreal property; (B)AAtangible or intangible personal property including anything severed from land; or (C)AAa document, including money, that represents or embodies anything of value. (3)AA"Service" includes: (A)AAlabor and professional service; (B)AAtelecommunication, public utility, and transportation service; (C)AAlodging, restaurant service, and entertainment; and (D)AAthe supply of a motor vehicle or other property for use. (4)AA"Steal" means to acquire property or service by theft. Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Sec.A32.02.AAVALUE. (a) Subject to the additional criteria of Subsections (b) and (c), value under this chapter is: (1)AAthe fair market value of the property or service at the time and place of the offense; or 1 (2)AAif the fair market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the offense. (b)AAThe value of documents, other than those having a readily ascertainable market value, is: (1)AAthe amount due and collectible at maturity less any part that has been satisfied, if the document constitutes evidence of a debt; or (2)AAthe greatest amount of economic loss that the owner might reasonably suffer by virtue of loss of the document, if the document is other than evidence of a debt. -
Constitutional Court Ruling on Criminal Defamation
THE REPUBLIC OF UGANDA IN THE CONSTITUTIONAL COURT OF UGANDA AT KAMPALA 5 CORAM: HON. JUSTICE A.E.N. MPAGI-BAHIGEINE, JA HON. JUSTICE S.G. ENGWAU, JA HON. JUSTICE C.K. BYAMUGISHA, JA HON. JUSTICE S.B.K. KAVUMA, JA 10 HON. JUSTICE A.S. NSHIMYE, JA CONSTITUTIONAL REFERENCE NO. 1/2008 (Arising out of Criminal Case No. 41 of 2008 in the Chief Magistrates Court at Nakawa) 15 1. JOACHIM BUWEMBO 2. BERNARD TABAIRE 3. EMMANUEL DAVIES GYEZAHO 4. MUKASA ROBERT ::::::::::::::::::::::::::::::::: APPLICANTS VERSUS 20 ATTORNEY GENERAL ::::::::::::::::::::::::::::::::::: RESPONDENT (Statutory interpretation - Whether Section 179 of the Penal Code Act (Cap 120) is inconsistent with Article 29(1) (a) of the Constitution. - Whether or not Sections 179 of the Penal Code Act is a restriction permitted under Article 43 of the Constitution as being demonstrably justifiable in a free and democratic society.) 25 Ruling of the Court This Constitutional Reference arose out of Criminal Case No. 41 of 2008, instituted at Nakawa Magistrates Court, wherein the four applicants, namely Joachim Buwembo, Bernard Tabaire, 30 Emmanuel Davies Gyezaho and Mukasa Robert, were jointly charged with libel, contrary to sections 179 and 22 of the Penal Code Act. 1 The facts giving rise to this charge are that the said applicants who are journalists with the Monitor Newspaper, published articles in their Sunday issues of 19th and 26th August 2007 captioned “IGG IN SALARY SCANDAL” and “GOD’S WARRIOR FAITH MWONDHA 5 STUMBLES” respectively. Following a complaint to the police by the Hon. Lady Justice Faith Mwondha, the IGG, the applicants were investigated and later charged, at the Chief Magistrate’s Court at Nakawa, with the offence of unlawful publication of defamatory matter under sections 179 and 22 of the Penal Code Act (Cap 120). -
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 .............................................................................................. -
1192.7. (C) As Used in This Section, "Serious Felony"
Penal Code 1192.7 (c) 1192.7. (c) As used in this section, "serious felony" means any of the following: (1) Murder or voluntary manslaughter; (2) mayhem; (3) rape; (4) sodomy by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (5) oral copulation by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (6) lewd or lascivious act on a child under 14 years of age; (7) any felony punishable by death or imprisonment in the state prison for life; (8) any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm; (9) attempted murder; (10) assault with intent to commit rape or robbery; (11) assault with a deadly weapon or instrument on a peace officer; (12) assault by a life prisoner on a noninmate; (13) assault with a deadly weapon by an inmate; (14) arson; (15) exploding a destructive device or any explosive with intent to injure; (16) exploding a destructive device or any explosive causing bodily injury, great bodily injury, or mayhem; (17) exploding a destructive device or any explosive with intent to murder; (18) any burglary of the first degree; (19) robbery or bank robbery; (20) kidnapping; (21) holding of a hostage by a person confined in a state prison; (22) attempt to commit a felony punishable by death or imprisonment in the state prison -
SM. Criminal Attempt., Model Penal Code § 5.01
§ SM. Criminal Attempt., Model Penal Code § 5.01 Uniform Laws Annotated Model Penal Code (Refs & Annos) Part I. General Provisions Article 5. Inchoate Crimes Model Penal Code § 5.01 § 5.01. Criminal Attempt. Currentness (1) Definition of Attempt. A person is guilty of an attempt to commit a crime if, acting with the kind of culpability otherwise required for commission of the crime, he: (a) purposely engages in conduct that would constitute the crime if the attendant circumstances were as he believes them to be; or (b) when causing a particular result is an element of the crime, does or omits to do anything with the purpose of causing or with the belief that it will cause such result without further conduct on his part; or (c) purposely does or omits to do anything that, under the circumstances as he believes them to be, is an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime. (2) Conduct That May Be Held Substantial Step Under Subsection (1)(c). Conduct shall not be held to constitute a substantial step under Subsection (1)(c) of this Section unless it is strongly corroborative of the actor's criminal purpose. Without negativing the sufficiency of other conduct, the following, if strongly corroborative of the actor's criminal purpose, shall not be held insufficient as a matter of law: (a) lying in wait, searching for or 'following the contemplated victim of the crime; (b) enticing or seeking to entice the contemplated victim of the crime to go to the place contemplated for its commission; (c) reconnoitering the place contemplated for the commission of the crime; (d) unlawful entry of a structure, vehicle or enclosure in which it is contemplated that the crime will be committed; (e) possession of materials to be employed in the commission of the crime, that are specially designed for such unlawful use or that can serve no lawful purpose of the actor under the circumstances; WEST A. -
CRIMINAL CODE (Wholly Amended As of Jan
CRIMINAL CODE (Wholly amended as of Jan. 1, 1998) PART I GENERAL RULES CHAPTER I LIMIT OF APPLICABILITY OF CRIMINAL CODE Article 1 (Criminality and Punishability of Act) (1) The criminality and punishability of an act shall be determined by the law in effect at the time of the commission of that act. (2) When a law is changed after the commission of a crime, such act thereby no longer constitutes a crime under the new law, or the punishment therefore under the new law becomes less severe than under the previous law, the new law shall apply. (3) When a law is changed after the sentence for a crime committed under the previous law has become final and such act thereby no longer constitutes a crime, the execution of the punishment shall be remitted. Article 2 (Domestic Crimes) This Act shall apply to both Korean nationals and aliens who commit crimes in the territory of the Republic of Korea. Article 3 (Crimes by Koreans outside Korea) This Act shall apply to all Korean nationals who commit crimes outside the territory of the Republic of Korea. Article 4 (Crimes by Aliens on Board Korean Vessel, etc. outside Korea) This Act shall apply to aliens who commit crimes on board a Korean vessel or Korean aircraft outside the territory of the Republic of Korea. Article 5 (Crimes by Aliens outside Korea) This Act shall apply to aliens who commit any of the following crimes outside the territory of the Republic of Korea: Crimes concerning insurrection; Crimes concerning foreign aggression; Crimes concerning the national flag; Crimes concerning currency; Crimes concerning securities, postage and revenue stamps; Crimes specified in Articles 225 through 230 among crimes concerning documents; and Crimes specified in Article 238 among crimes concerning seals. -
Chapter 13, Crimes Against Property
Chapter 13 CHAPTER 13: CRIMES AGAINST PROPERTY INTRODUCTION Crimes against property can take many forms and have many different names. Texas prefers “theft” over the older term ‘larceny,’ has a consolidate theft statute, and a whole chapter dealing with computer crimes. Like all states, Texas has statutes dealing with robbery and forgery. Theft, embezzlement, and related statutes are found in Texas Penal Code (TPC) ch. 31, “Theft:” http://www.capitol.state.tx.us/statutes/docs/PE/content/word/pe.007.00.000031.00.doc The robbery statutes are found in TPC ch. 29: http://www.capitol.state.tx.us/statutes/docs/PE/content/word/pe.007.00.000029.00.doc TPC ch. 32 “Fraud” contains forgery, credit card abuse and related statutes: http://www.capitol.state.tx.us/statutes/docs/PE/content/word/pe.007.00.000032.00.doc “Computer Crimes” are found in ch. 33 of the TPC: http://www.capitol.state.tx.us/statutes/docs/PE/content/word/pe.007.00.000033.00.doc THEFT Like many states, Texas has a consolidated theft statute: Sec. 31.02 provides: CONSOLIDATION OF THEFT OFFENSES. Theft as defined in Section 31.03 constitutes a single offense superseding the separate offenses previously known as theft, theft by false pretext, conversion by a bailee, theft from the person, shoplifting, acquisition of property by threat, swindling, swindling by worthless check, embezzlement, extortion, receiving or concealing embezzled property, and receiving or concealing stolen property. The consolidated theft statute (sec. 31.03) is a long, complex and difficult statute. There are three basic ways to commit theft: (b) (1), (2) and (3). -
Standards for Capital Punishment in the Law of Criminal Homicide*
A PUNISHMENT IN SEARCH OF A CRIME: STANDARDS FOR CAPITAL PUNISHMENT IN THE LAW OF CRIMINAL HOMICIDE* FRANKLIN E. ZIMRING** GORDON HAWKINS*** The substantive criminal law is rarely discussed in debates about the wisdom and utility of the death penalty. But the criminal law of homicide, important in its own right, also provides insight into the problems of selection, moral coherence, and practical ad- ministration that bedevil attempts to harness the punishment of death for public purposes. If that task is to be performed, the sub- stantive criminal law must be the mechanism by which it is accom- plished. Yet, since mid-century, the attempt to fashion standards for capital sentencing has been a fight against historical forces stronger than the power of legal classification. The current juris- prudence of death thus demonstrates the futility of the exercise. In this essay, we discuss the development of standards for the death penalty in the Model Penal Code (the Code), analyze the influ- ence of the Code provisions on modem death penalty legislation in the states, and question whe.ther legal standards are closely linked to the propensity to condemn murders and conduct executions. We conclude that efforts to provide a legal rationale for executions oc- curred far too late in the progress toward abolition of capital pun- ishment in Western Society to have any hope of success. I. A PENAL PARADIGM The most ambitious attempt to define the principles of substan- tive criminal law, at least in this century, is the American Law Insti- tute's Model Penal Code. A product of reform efforts in the 1950s and 1960s, the Code addressed the issue of standards for capital punish- * A version of this essay was delivered by Frank Zimring as the Simon E. -
Floyd Kansas City Massacre
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Capital Punishment, 1995
U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Bulletin December 1996, NCJ-162043 Capital Punishment 1995 By Tracy L. Snell BJS Statistician Highlights Status of the death penalty, December 31,1995 Sixteen States executed 56 prisoners during 1995. The number of persons Number of prisoners Jurisdictions executed was 25 greater than in 1994 Executions during 1995 under sentence of death without a death penalty and was the largest annual number Texas 19 California 420 Alaska since the 56 executed during 1960 Missouri 6 Texas 404 District of Columbia and the 65 in 1957. The prisoners Illinois 5 Florida 362 Hawaii executed during 1995 had been under Virginia 5 Pennsylvania 196 Iowa sentence of death an average of 11 Florida 3 Ohio 155 Maine Oklahoma 3 Illinois 154 Massachusetts years and 2 months, about 12 months Alabama 2 Alabama 143 Michigan more than the average for inmates Arkansas 2 North Carolina 139 Minnesota executed the previous year. Georgia 2 Oklahoma 129 North Dakota North Carolina 2 Arizona 117 Rhode Island At yearend 1995, 3,054 prisoners were Pennsylvania 2 Georgia 98 Vermont Arizona 1 Tennessee 96 West Virginia under sentence of death. California Delaware 1 Missouri 92 Wisconsin held the largest number of death row Louisiana 1 22 other jurisdictions 549 inmates (420), followed by Texas Montana 1 (404), Florida (362), and Pennsylvania South Carolina 1 (196). Eight prisoners were in Federal Total 56 Total 3,054 custody under a death sentence on In 1995, 56 men were executed: Forty-eight women were under December 31, 1995. -
PENAL CODE (Act No.45 of 1907)
この刑法の翻訳は、平成十八年法律第三六号までの改正(平成18年5月28日施行) について、」 「法令用語日英標準対訳辞書 (平成18年3月版)に準拠して作成したもので す。 なお、この法令の翻訳は公定訳ではありません。法的効力を有するのは日本語の法令自 体であり、翻訳はあくまでその理解を助けるための参考資料です。この翻訳の利用に伴っ て発生した問題について、一切の責任を負いかねますので、法律上の問題に関しては、官 報に掲載された日本語の法令を参照してください。 This English translation of the Penal Code has been prepared (up to the revisions of Act No. 36 of 2006(Effective May 28, 2006)) in compliance with the Standard Bilingual Dictionary (March 2006 edition). This is an unofficial translation. Only the original Japanese texts of laws and regulations have legal effect, and the translations are to be used solely as reference material to aid in the understanding of Japanese laws and regulations. The Government of Japan shall not be responsible for the accuracy, reliability or currency of the legislative material provided in this Website, or for any consequence resulting from use of the information in this Website. For all purposes of interpreting and applying law to any legal issue or dispute, users should consult the original Japanese texts published in the Official Gazette. PENAL CODE (Act No.45 of 1907) PART I. GENERAL PROVISIONS Chapter I. Scope of Application Article 1. (Crimes Committed within Japan) (1) This Code shall apply to anyone who commits a crime within the territory of Japan. (2) The same shall apply to anyone who commits a crime on board a Japanese vessel or aircraft outside the territory of Japan. Article 2. (Crimes Committed outside Japan) This Code shall apply to anyone who commits one of the following crimes outside the territory of Japan: (i)