DOCSLIB.ORG

Loyola University New Orleans

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Loyola University New Orleans LOYOLA UNIVERSITY NEW ORLEANS Spring 2019 CRIM-A405-A51 Timothy McElroy, Juris Doctor Instructor [email protected] 504.442.0168 Wednesday evenings 6:00 pm-10:20 pm January 9 through February 27, 2019 Studying Criminal Law as a college student in New Orleans: Course Description and Objectives: This course is designed to provide insight and instruction on the fundamental concepts and principles of criminal law by studying various crimes and the elements which define them. Our study will also include the legal defenses against criminal accusations. Our textbook, A Brief Introduction of Criminal Law, Second Edition was designed and authored by USM Professors Carlan and Nored and provides a basic format for our classroom instruction. Our classroom conversations are enhanced by cases which highlight and illustrate the application of the crime and/or defense. In large part, the textbook references common law, practiced to some extent in every state, but we will also refer to the Louisiana Code of Criminal Code. From the outset, it is important to understand that most states’ criminal statutes, with limited exceptions, closely resemble each other. Whenever that is not the case, we will look more closely to how Louisiana’s criminal statutes are different and to what extent that difference is important. Understand that the term common law refers generally to the adoption by the American colonies-and thereafter the States-of the legal reasoning, methods and practices from England for interpreting laws, customs, and case decisions. The common law term for this reliance is stare decisis, the Latin term for let the decision stand. 1 The fact is that most criminal statutes in modern times have been written and are constantly revised by every state legislature in the United States whenever that state legislature convenes. Bound volumes of law, known as Revised Statutes, are compiled and codified by titles. Virtually every aspect of law is contained in a designated title: banking; education; crimes; insurance; real estate, civil law contracts, traffic regulations, commercial regulations, and so on. Take a look at https://www.legis.la.gov for the complete list of 56 titles included in Louisiana’s Revised Statutes. The criminal statutes, which we refer to as “crimes”, are found in Title 14, Title 15 and Title 40 of the Louisiana Revised Statutes. Additionally, the Louisiana Code of Criminal Procedure, referred to as C. Cr. P., addresses specific areas of criminal procedure governing criminal trials. You will find https://www.legis.la.gov an indispensable research tool for easy references to all titles of the Revised Statutes; Louisiana Constitution; Children’s Code; the Code of Criminal Procedure and the Code of Evidence. At my request, our Blackboard manager will post this link in the Course Materials section of Blackboard for your convenience. Another invaluable research resource is the website www.oyez.org which provides a gist/summary along with the full opinion of United States Supreme Court cases listed in this syllabus which will be a part of our classroom discussion from time to time. Course Materials and Lecture Outlines As previously indicated, the required text is A Brief Introduction to Criminal Law, Second Edition, by authors Carlan, Nored & Downey, published by Jones and Bartlett Learning ISBN: 978-1-284-05611-2 My PowerPoint lectures notes will also be posted in the Course Materials section of Blackboard to assist students in preparing for classroom instruction and discussion. My lecture PowerPoint is not intended to substitute for your reading and understanding the assignments. 2 Blackboard is an essential resource for several reasons: In the event of a campus evacuation or any class disruption, this is the vehicle by which the University mandates course continuation in instruction. From the viewpoint of classroom instruction, Blackboard is the means by which I post class announcements, articles, criminal cases and other matters of interest. If you need assistance logging on to Blackboard, the staff in Monroe Library is available to you. Class Meeting Dates / Examination Dates / Essay Due Date: Class 1: Wednesday, January 9, 2019: Our opening class begins with introductions, course objectives and expectations and course requirements addressed by this syllabus. Class instruction begins with Chapter 1: Substantive Criminal Law: Principles and Working Vocabulary: Law is a language; as you practice this new language, you become less intimidated and more confident with the terms and the meanings of those terms. As the semester moves on—and it moves rapidly in an 8 week course--the language becomes more sophisticated and the terms take on more consequence. In addition to the textbook assignment, review La. Revised Statutes, Title 14, article 2, of the Louisiana Criminal Code which lists definitions, an important reference point throughout our studies. Read and distinguish the definitions of felony from misdemeanor. Read also from the Code of Criminal Procedure, Article 782, which addresses the number of jurors necessary to render a legal verdict in specific crimes; Article 572 which provides the time periods for filing criminal prosecutions and Article 382 which controls when a grand jury 3 indictment rather than a bill of information is required to be filed in a criminal case. State of mind, known as mens rea, is critical to understanding and proving criminal conduct. For these terms, refer to LRS Title 14, Articles 10 and 12, for the legal definitions of specific intent; general intent and criminal negligence. Opening night instruction and discussion concludes with Chapter 2: Crime and Punishment: Constitutional Limitations and Protections. As I am also a Constitutional Law instructor, this chapter has particular relevance to my instruction on criminal law. We examine several Constitutional provisions: the 14th Amendment; the 5th Amendment; the 6th Amendment and the 8th Amendment. We will also discuss the 2nd Amendment and the 4th Amendment to the extent they impact substantive criminal law. These amendments are included in the Appendices of your textbook. Following a discussion of the various forms and types of criminal punishment, we will close with a review of Louisiana’s Habitual Offender Statute, located at Louisiana Revised Statute, Title 15, article 529.1, also referenced as LRS 15:529.1. Class 2: Wednesday, January 16, 2019: This class instruction and discussion begins our study of substantive crimes with Chapter 3: Theft Offenses and Fraudulent Practices. The crimes in this chapter are commonly referred to as “crimes of misappropriation without violence” beginning with theft, LRS 14:67 and continuing through commercial bribery, LRS 14:73. Chapter 4: Crimes Against Habitation; Robbery; and Assault includes a variety of offenses, many of which are referred to as “families”, such as the various types of arson, LRS 14:51-54.5; the various types of burglaries, LRS 14:60-62.9; the various types of robberies, LRS 64-65.1; extortion also known as blackmail in common law, LRS 14:66; the various types of assault, LRS 14:36-38; and the various types of batteries, LRS 14:33-35.3. 4 Class instruction is supplemented beyond the textbook materials with the study of the various types of kidnapping, LRS 14:44-45; interference with the Custody of a Child, LRS 14:45.1; false imprisonment, LRS 14:46-46.1; and the offenses categorized as human trafficking, LRS 14: 46.2-46.3. Class concludes with instruction on various types of gun offenses, LRS 14:94-95.10; the various types of offenses against children: contributing to the delinquency of juveniles, LRS 14:92; various forms of cruelty to juveniles, LRS 14:93-93.2.1; some forms of harassment, namely stalking and cyberstalking, LRS 14:40.2 and 40.3; cyberbullying, LRS 14:40.7; and two relatively new offenses, one concerning criminal breach of privacy: Non-consensual Disclosure of a Private Image, LRS 14:283.2; and the newly enhanced form of hazing, LRS 14:40.8, read with LRS 17:1801. Class 3: Wednesday, January 23, 2019: Essay courtroom designation; 1st in-class quiz Instruction and discussion begins with Chapter 5: Criminal Homicide, which together with the following chapter on sex crimes, requires a comparison of the general common law definitions with Louisiana’s definitions of homicides and sex crimes. Start your study assignment by reviewing L R S, Title 14, Article 29, which defines the various grades of homicide in Louisiana. Read also 14:32.5, feticide and 14:2 which define the terms “person” and “unborn child”. We begin with Louisiana’s statutes defining the grades of homicides and the textbook instruction on the definition and proof regarding the term “legally dead”. We then discuss the timelines for holding persons responsible for homicide and review Louisiana’s laws regarding time limitations imposed upon the prosecution to file criminal homicide charges. For this you must review and understand Code of Criminal Procedure, Article 571. 5 This chapter concludes with an in-depth comparison between Louisiana and common law’s grades of homicides and the critical distinctions between Louisiana’s specific intent and common law’s premeditation and malice aforethought. Chapter 6: Sex Offenses is the subject of the second part of this class. Our discussion focuses on both common law sex offenses and Louisiana’s sex crimes, beginning with the most egregious offense in this chapter, forcible rape, referred to in our state as first degree rape, LRS 14:42, and continuing through the various grades of rape. Instruction continues with several “families” of sex offenses, defined in both Louisiana and common law, including various forms of sexual batteries, LRS 14:43.1-43.3; statutory rape, referred to as carnal knowledge of a juvenile in our state, LRS14:80 and 80.1; indecent behavior with juveniles and molestation of juveniles, LRS 14:14:81 and 14:81.2; crime against nature and aggravated crime against nature, LRS.14:89 and 89.1; computer-aided solicitation of a minor, LRS14:81.3; pornography involving juveniles, LRS14:81.1; sexting, LRS14:81.1.; and voyeurism and video voyeurism, LRS14:283 and 283.1, respectively.
Load more

Recommended publications
  • Incest Statutes
    Statutory Compilation Regarding Incest Statutes March 2013 Scope This document is a comprehensive compilation of incest statutes from U.S. state, territorial, and the federal jurisdictions. It is up-to-date as of March 2013. For further assistance, consult the National District Attorneys Association’s National Center for Prosecution of Child Abuse at 703.549.9222, or via the free online prosecution assistance service http://www.ndaa.org/ta_form.php. *The statutes in this compilation are current as of March 2013. Please be advised that these statutes are subject to change in forthcoming legislation and Shepardizing is recommended. 1 National Center for Prosecution of Child Abuse National District Attorneys Association Table of Contents ALABAMA .................................................................................................................................................................. 8 ALA. CODE § 13A-13-3 (2013). INCEST .................................................................................................................... 8 ALA. CODE § 30-1-3 (2013). LEGITIMACY OF ISSUE OF INCESTUOUS MARRIAGES ...................................................... 8 ALASKA ...................................................................................................................................................................... 8 ALASKA STAT. § 11.41.450 (2013). INCEST .............................................................................................................. 8 ALASKA R. EVID. RULE 505 (2013)
    [Show full text]
  • Nebraska Incident-Based Reporting System (NIBRS)
    Nebraska Incident-Based Reporting System (NIBRS) Manual for Automated Agencies November, 2000 Nebraska Commission on Law Enforcement and Criminal Justice 301 Centennial Mall South, P.O. Box 94946 Lincoln, Nebraska 68509-4946 (402) 471-2194 TABLE OF CONTENTS NEBRASKA INCIDENT-BASED REPORTING SYSTEM (NIBRS) ........................ 1 Definition of "Incident” ...................................................... 4 DATA REQUIREMENTS .......................................................... 7 Requirements for each Group A Offense ......................................... 8 Requirements for Arrests for Group A and Group B Offenses ......................... 15 DEFINITIONS OF BASIC CORE, ADDITIONAL DATA ELEMENT AND ARRESTEE ELEMENTS Age .................................................................... 17 Aggravated Assault / Homicide Circumstances .................................... 17 Armed With . 18 Arrest Date . 19 Arrest (Transaction) Number ................................................. 19 Arrest Offense Code ........................................................ 19 Attempted / Completed ..................................................... 19 Criminal Activity Type ..................................................... 20 Date Recovered ........................................................... 20 Disposition of Arrestee Under Age 18 .......................................... 20 Drug Type / Type Criminal Activity (Arrestee) ................................... 21 Estimated Drug Quantity / Type Drug Measurement ..............................
    [Show full text]
  • Misprison of Felony
    South Carolina Law Review Volume 6 Issue 1 Article 8 Fall 9-1-1953 Misprison of Felony E. L. Morgan Follow this and additional works at: https://scholarcommons.sc.edu/sclr Part of the Law Commons Recommended Citation E. Lee Morgan, Misprison of Felony, 6 S.C.L.R. 87. (1953). This Note is brought to you by the Law Reviews and Journals at Scholar Commons. It has been accepted for inclusion in South Carolina Law Review by an authorized editor of Scholar Commons. For more information, please contact [email protected]. Morgan: Misprison of Felony MISPRISION OF FELONY Misprision1 of felony has been defined in various ways, but per- haps its best definition is as follows: "Misprision of felony at common law is a criminal neglect either to prevent a felony from being committed or to bring the offender to justice after its com- mission, but without such previous concert with or subsequent assis- tance of him as will make the concealer an accessory before or after 12 the fact." In the modern use of the term, misprision of felony has been said to be almost, if not identically, the same offense as that of an acces- sory after the fact.3 It has also been stated that misprision is nothing more than a word used to describe a misdemeanor which does not possess a specific name.4 It is that offense of concealing a felony committed by another, but without such previous concert with or subsequent assistance to the felon as would make the concealing party an accessory before or after the fact.5 Misprision is distinguished from compounding an offense on the basis of consideration or amends; misprision is a bare concealment of crime, while compounding is a concealment for a reward by one 6 directly injured by the crime.
    [Show full text]
  • 602KB***Composition – Legal and Theoretical Foundations
    462 Singapore Academy of Law Journal (2015) 27 SAcLJ COMPOSITION Legal and Theoretical Foundations The composition of offences has been an integral part of the Singapore criminal justice system from its inception. This article sets out the legal and theoretical foundations for composition, as well as its historical genesis within our Criminal Procedure Code – from its roots in English law to its statutory entrenchment in India and the Straits Settlements. The recent amendments to the Criminal Procedure Code and its effect on composition in our penal system will also be examined. Ryan David LIM LLB (Hons) (Nott); Deputy Public Prosecutor, Attorney-General’s Chambers, Singapore. Selene YAP BA (Hons) (National University of Singapore), JD (Melb); Deputy Public Prosecutor, Attorney-General’s Chambers, Singapore. I. Historical genesis of composition A. English common law1 1 At first blush, composition appears to be an aberration in criminal law. As K S Rajah observes in his article “Composition and Due Process”:2 A crime is regarded as a wrong done to society. The offender and the victim are not normally allowed to come to an agreement to absolve the offender from criminal responsibility. 2 Indeed, the compounding of a felony – a prosecutor or a victim accepting consideration in return for not prosecuting a felony – was an offence under English common law.3 The compounding of theft 1 For a comprehensive history of the composition of offences in English law, see Percy Henry Winfield, The Present Law of Abuse of Legal Procedure (Cambridge University Press, 2013) at p 117. 2 K S Rajah, “Composition and Due Process” (2004) Law Gazette <http://www.lawgazette.com.sg/2004-1/Jan04-col.htm> (accessed 3 June 2014).
    [Show full text]
  • 1 PUBLIC JUSTICE OFFENCES Hindering Investigations
    PUBLIC JUSTICE OFFENCES Hindering investigations; concealing offences and attempting to pervert the course of justice Reasonable Cause Criminal Law CLE Conference 28 March 2015 Part 7 of the Crimes Act 1900 was introduced as a package of Public Justice Offences inserted into the Crimes Act in 1990.1 The purpose of the package was to create a comprehensive statement of the law relating to public justice offences which, until the enactment of the amendments, was described by the then Attorney General Mr John Dowd as “fragmented and confusing, consisting of various common law and statutory provisions, with many gaps, anomalies and uncertainties”.2 Part 7 Division 2 deals broadly with offences concerning the interference in the administration of justice. This paper does not aim to cover every aspect of the package of public justice offences but focuses on the principal offences incorporated within Division 2, being Ss. 315, 316 and 319 offences, and their common law equivalents. Background Up until 25 November 1990, the various common law offences including misprision of felony, hindering an investigation, compounding a felony and perverting the course of justice, to name a few, operated, until abolished by the Crimes (Public Justice) Amendment Act 19903. From 25 November 1990, Part 7 of the Crimes Act 1900 provided for ‘public justice offences’ broadly described as offences targeting interference with the administration 1 Inserted by the Crimes (Public Justice) Amendment Act 1990 (NSW) s 3, Sch 1. 2 New South Wales, Parliamentary Debates (Hansard) Legislative Assembly, 17 May 1990, the Hon JRA Dowd, Attorney General, Second Reading Speech at 3692.
    [Show full text]
  • 2011 Recodification Felony Crime Listing by Statute Number (Changes Hi-Lighted)
    2011 Recodification Felony crime listing by Statute Number (changes hi-lighted) Attempt, Conspiracy, Old Statute Old Statutory Severity Person New statute New Statute Description & Number Violated Penalty Section Level Nonperson number Statutory Solicitation Penalty A C S Section same and (b) and 21-3401(a) 21-4706(c) Murder; 1st Degree; intentionally and with premeditation Off-grid 1 2 3 Person 21-5402(a)(1) 21-6806(c) same and Murder; 1st Degree; in the commission of, attempt to commit, or flight from an inherently (b) and 21-3401(b) 21-4706(c) dangerous felony as defined in K.S.A. 21-3436 Off-grid 1 2 3 Person 21-5402(a)(2) 21-6806(c) 21-3402(a) same Murder; 2nd Degree; intentional killing 1 3 3 4 Person 21-5403(a)(1) (b)(1) Murder; 2nd Degree; recklessly, under circumstances manifesting extreme indifference to 21-3402(b) same human life 2 4 4 5 Person 21-5403(a)(2) (b)(2) 21-3403(a) same Voluntary Manslaughter; Intentional killing upon sudden quarrel or in heat of passion 3 5 5 6 Person 21-5404(a)(1) (b) Voluntary Manslaughter; Intentional killing upon unreasonable but honest belief that deadly 21-3403(b) same force was justified 3 5 5 6 Person 21-5404(a)(2) (b) 21-3404(a) same Involuntary Manslaughter; Recklessly 5 7 7 8 Person 21-5405(a)(1) (b)(1) Involuntary Manslaughter; In the commission, attempted commission, or flight from other 21-3404(b) same felonies excluding DUI 5 7 7 8 Person 21-5405(a)(2) (b)(1) 21-3404(c) same Involuntary Manslaughter; In commission of lawful act in unlawful manner 5 7 7 8 Person 21-5405(a)(4) (b)(1)
    [Show full text]
  • National Incident-Based Reporting System Volume 1: Data Collection Guidelines
    U.S. Department of Justice Federal Bureau of Investigation Criminal Justice Information Services Division Uniform Crime Reporting National Incident-Based Reporting System Volume 1: Data Collection Guidelines August 2000 NATIONAL INCIDENT-BASED REPORTING SYSTEM VOLUME 1: DATA COLLECTION GUIDELINES Prepared by U.S. Department of Justice Federal Bureau of Investigation Criminal Justice Information Services Division Uniform Crime Reporting Program August 2000 FOREWORD Information about the National Incident-Based Reporting System (NIBRS) is contained in the four documents described below: Volume 1: Data Collection Guidelines This document is for the use of local, state, and federal Uniform Crime Reporting (UCR) Program personnel (i.e., administrators, training instructors, report analysts, coders, data entry clerks, etc.) who are responsible for collecting and recording NIBRS crime data for submission to the FBI. It contains a system overview and descriptions of the offenses, offense codes, reports, data elements, and data values used in the system. Volume 2: Data Submission Specifications This document is for the use of local, state, and federal systems personnel (i.e., computer programmers, analysts, etc.) who are responsible for preparing magnetic media for submission to the FBI. It contains the data submission instructions for magnetic media, record layouts, and error-handling procedures that must be followed in submitting magnetic media to the FBI for NIBRS reporting purposes. Volume 3: Approaches to Implementing an Incident-Based Reporting (IBR) System This document is for the use of local, state, and federal systems personnel (i.e., computer programmers, analysts, etc.) who are responsible for developing an IBR system that will meet NIBRS’s reporting requirements.
    [Show full text]
  • Criminal Law
    The Law Commission Working Paper No 62 Criminal Law Offences relating to the Administration of Justice LONDON HER MAJESTY'S STATIONERY OFFICE 0 Crown copyright 7975 First published 7975 ISBN 0 11 730093 4 17-2 6-2 6 THE LAW COMMISSXON WORKING PAPER NO. 62 CRIMINAL LAW OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE CONTENTS Paras. I INTRODUCTION 1- 7 1 I1 PRESENT LAW 8- 25 5 Common Law 8- 17 5 Perverting the course of justice 8- 11 5 Examples of conspiracy charges 12- 13 8 Contempt of Court 14- 15 10 Escape and avoiding trial 16 11 Agreeing to indemnify bail 17 11 Statute ~aw 19- 25 12 Perjury 19- 20 12 Other statutory offences 21- 24 13 Summary 25 15 I11 PROPOSALS FOR REFORM 26-116 16 General 26- 33 16 Relationship with contempt of court 27- 29 17 Criminal and civil proceedings 30- 33 18 Outline of proposed offences 34- 37 20 1. Offences relating to all proceedings 38- 88 21 (i) Perjury 38- 60 21 iii Paras. Page Ihtroductory 38- 45 21 Should perjury be confined to false statements? 46 24 Oral evidence not on oath 47- 53 25 Extra-curial unsworn statements admissible as evidence 51- 59 28 Summary 60 31 (ii) Tampering with or fabricating evidence 61- 65 32 (iii)Preventing the attendance of witnesses 66- 67 34 (iv) Intimidation of a party 68- 84 35 (v) Improperly influencing a court 85- 91 43 2. Offences relating only to criminal matters 92-107 45 (i) Impeding the investigation of crime 93-101 45 (ii) Avoiding trial 102-105 50 (iii)Agreeing to indemnify bail 106-110 52 3.
    [Show full text]
  • Parties to Crime Rollin M
    March, i941 PARTIES TO CRIME ROLLIN M. PERKINS t I. TERMINOLOGY In the field of felony the common law divided guilty parties into principals and accessories.1 According to the ancient analysis only the actual perpetrator of the felonious deed was a principal. Other guilty parties were called "accessories", and to distinguish among these with reference to time and place they were divided into three classes: (I) accessories before the fact, (2) accessories at the fact,2 and (3) acces- sories after the fact. At a relatively early time the party who was originally considered an accessory at the fact, ceased to be classed in the accessorial group and was labeled a principal. To distinguish him from the actual perpetrator of the crime he was called a principal in the second degree. 3 Thereafter, in felony cases there were two kinds of principals, first degree and second degree, and two kinds of accessories, before the fact and after the fact. As applied to homicide cases, the common law of parties was summarized in this form by the Supreme Court of North Carolina: "The parties to a homicide are: (I) principals in the first degree, being those whose unlawful acts or omissions cause the death of the victim, without the intervention of any responsible agent; (2) principals in the second degree, being those who are actually or constructively present at the scene of the crime, aiding and abetting therein, but not directly causing the death; (3)acces- sories before the fact, being those who have conspired with the actual perpetrator to commit the homicide, or some other unlawful act that would naturally result in a homicide, or who have pro- cured, instigated, encouraged, or advised him to commit it, but who were neither actually nor constructively present when it was committed; and (4) accessories after the fact, being those who, t-A.B., I9IO, University of Kansas; J.D., 1912, Stanford University; S.J.D., 191i6, Harvard University; Professor of Law, State University of Iowa; author, Iowa Criminal Justice (1932), Cases on Criminal Procedure (3d ed.
    [Show full text]
  • Criminal Code Recodification for North Carolinai the Problem
    Criminal Code Recodification for North Carolinai The Problem North Carolina’s lack of a streamlined, comprehensive, orderly, and principled criminal code creates costly inefficiencies in the criminal justice system, opportunities for unfairness, and undermines the effectiveness of the criminal law. Although many of the state’s crimes are codified in Chapter 14 of the General Statutes (entitled “Criminal Law”), criminal offenses are peppered throughout the General Statutes. Felony offenses are found in fifty-three separate Chapters of the General Statutes.1 Misdemeanors are spread throughout one hundred and forty-two Chapters.2 Additionally, the law delegates to administrative bodies and boards the authority to proscribe crimes. For example, provisions in the General Statutes make it a misdemeanor to violate any rule or regulation promulgated by the Board of Agriculture concerning the marketing and branding of farm products or any regulation promulgated by the Board of Dental Examiners.3 Thus, “a dentist who runs an advertisement but neglects to include a statement regarding whether he or she is a general dentist or a specialist is a criminal, as is one who permits a dental hygienist to engage in the ‘[i]ntraoral use of a high speed handpiece.’"4 Counties, cities, towns, and metropolitan sewerage districts also have the authority to create crimes though local ordinances.5 Thus, because a local ordinance of Ahoskie, NC makes it unlawful for a person to allow “chickens and other domestic fowl . to be at large in the town,”6 such conduct constitutes a misdemeanor in that jurisdiction. Given that no central statewide database exists collecting all crimes created by administrative bodies, boards, and local government units, it is impossible to state how many crimes exist at any given time in North Carolina.
    [Show full text]
  • Criminal Law
    The Law Commission (LAW COM. No. 96) CRIMINAL LAW OFFENCES RELATING TO INTERFERENCE WITH THE COURSE OF JUSTICE Laid before Parliament by the Lord High Chancellor pursuant to section 3(2) of the Law Commissions Act 1965 Ordered by The House of Commons to heprinted 7th November 1979 LONDON HER MAJESTY’S STATIONERY OFFICE 213 24.50 net k The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Commissioners are- The Honourable Mr. Justice Kerr, Chairman. Mr. Stephen M. Cretney. Mr. Stephen Edell. Mr. W. A. B. Forbes, Q.C. Dr. Peter M. North. The Secretary of the Law Commission is Mr. J. C. R. Fieldsend and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London, WClN 2BQ. 11 THE LAW COMMISSION CRIMINAL LAW CONTENTS Paragraph Page PART I: INTRODUCTION .......... 1.1-1.9 1 PART 11: PERJURY A . PRESENT LAW AND WORKING PAPER PROPOSALS ............. 2.1-2.7 4 1. Thelaw .............. 2.1-2.3 4 2 . The incidence of offences under the Perjury Act 1911 .............. 2.4-2.5 5 3. Working paper proposals ........ 2.6-2.7 7 B . RECOMMENDATIONS AS TO PERJURY IN JUDICIAL PROCEEDINGS ........ 2.8-2.93 8 1. The problem of false evidence not given on oath and the meaning of “judicial proceedings” ............ 2.8-2.43 8 (a) Working paperproposals ...... 2.9-2.10 8 (b) The present law .......... 2.1 1-2.25 10 (i) The Evidence Act 1851. section 16 2.12-2.16 10 (ii) Express statutory powers of tribunals .........
    [Show full text]
  • (PUBLIC JUSTICE) AMENDMENT ACT 1990 No. 51
    CRIMES (PUBLIC JUSTICE) AMENDMENT ACT 1990 No. 51 NEW SOUTH WALES TABLE OF PROVISIONS 1. Short title 2. Commencement 3. Amendment of Crimes Act 1900 No. 40 4. Consequential amendment of other Acts SCHEDULE 1 - AMENDMENT OF CRIMES ACT 1900 SCHEDULE 2 - CONSEQUENTIAL AMENDMENT OFOTHER ACTS CRIMES (PUBLIC JUSTICE) AMENDMENT ACT 1990 No. 51 NEW SOUTH WALES Act No. 51, 1990 An Act to amend the Crimes Act 1900 to make further provision with respect to public justice offences; and for other purposes. [Assented to 18 September 1990] Crimes (Public Justice) Amendment 1990 The Legislature of New South Wales enacts: Short title 1. This Act may be cited as the Crimes (Public Justice) Amendment Act 1990. Commencement 2. This Act commences on a day or days to be appointed by proclamation. Amendment of Crimes Act 1900 No. 40 3. The Crimes Act 1900 is amended as set out in Schedule 1. Consequential amendment of other Acts 4. Each Act specified in Schedule 2 is amended as set out in that Schedule. SCHEDULE l - AMENDMENT OF CRIMES ACT 1900 (Sec. 3) (1) Section 1 (Short title and contents of Act): Omit the matter relating to Parts 7 and 8, insert instead: PART 7 - PUBLIC JUSTICE OFFENCES: CHAPTER 1 - Definitions - ss. 311-313 CHAPTER 2 - Interference with the administration of justice - ss. 314-319 CHAPTER 3 - Interference with judicial officers, witnesses, jurors etc. - ss. 320-326 CHAPTER 4 - Perjury, false statements etc. - ss. 324-339 CHAPTER 5 - Miscellaneous - ss. 340-343A. (2) Parts 7 and 8: Omit the Parts, insert instead: 2 Crimes (Public Justice) Amendment 1990 SCHEDULE 1 - AMENDMENT OF CRIMES ACT 1900 - continued PART 7 - PUBLIC JUSTICE OFFENCES CHAPTER 1 - Definitions Definitions 311.
    [Show full text]