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DPP V Armstrong
''DPP v Armstrong'' is a decision of the Queen's Bench Division of the English High Court of Justice dealing with incitement when the offence incited could be deemed "impossible" to complete, on the precise facts. It was ruled that this impossibility (and more specifically complete lack of means and/or intention by another person to complete the very specific offence incited) is irrelevant to the incitement itself and therefore a conviction is sustainable. Facts Armstrong approached a police informer seeking child pornography. The informer introduced Armstrong to a police officer acting undercover. Armstrong proceeded with this contact and made specific arrangements for a transaction which would be illegal. He was arrested and charged with inciting the officer to distribute indecent photographs of children contrary to common law. In fact the police officer had no intention of providing child pornography. Argument The case was heard by a stipendiary magistrate where the defence a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Appeal Reports
The Criminal Appeal Reports are a series of law reports of decisions of the Court of Criminal Appeal, the criminal division of the Court of Appeal and the House of Lords from 15 May 1908 onwards. They are published by Sweet & Maxwell. Publication began in 1909 and have been edited by Daniel Janner since 1994. As of 2008, they were published ten times each year. For the purpose of citation, their name may be abbreviated to "Cr App R", or to "CAR". Glanville Williams criticised the layout of the index in each volume of these reports. Volume 1 contains, in addition to the reports, a copy of the Criminal Appeal Act 1907, sections 9(5) and (6) of the Costs in Criminal Cases Act 1908, the Criminal Appeal (Amendment) Act 1908, section 11 of the Prevention of Crime Act 1908 and section 99(6) of the Children Act 1908.Herman Cohen (Editor). The Criminal Appeal Reports with subject index, tables of cases and statutes cited, and the Criminal Appeal Act, 1907, and amending and exte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Queen's Bench Division
The King's Bench Division (or Queen's Bench Division when the monarch is female) of the High Court of Justice deals with a wide range of common law cases and has supervisory responsibility over certain lower courts. It hears appeals on points of law from magistrates' courts and from the Crown Court. These are known as appeals by way of case stated, since the questions of law are considered solely on the basis of the facts found and stated by the authority under review. Specialised courts of the King's Bench Division include the Administrative Court, Technology and Construction Court, Commercial Court, and the Admiralty Court. The specialised judges and procedures of these courts are tailored to their type of business, but they are not essentially different from any other court of the King's Bench Division. Appeals from the High Court in civil matters are made to the Court of Appeal (Civil Division); in criminal matters appeal from the Divisional Court is made only to the Sup ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Courts Of England And Wales
The courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales. The United Kingdom does not have a single unified legal system—England and Wales has one system, Scotland another, and Northern Ireland a third. There are exceptions to this rule; for example in immigration law, the Asylum and Immigration Tribunal's jurisdiction covers the whole of the United Kingdom, while in employment law there is a single system of employment tribunals for England, Wales, and Scotland but not Northern Ireland. Additionally, the Military Court Service has jurisdiction over all members of the armed forces of the United Kingdom in relation to offences against military law. The Court of Appeal, the High Court, the Crown Court, the County Court, and the magistrates' courts are administered by His Majesty's Courts and Tribunals Service, an executive ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Justice
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal of England and Wales, Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Courts of England and Wales. Its name is abbreviated as EWHC (England and Wales High Court) for legal citation purposes. The High Court deals at Court of first instance, first instance with all high value and high importance Civil law (common law), civil law (non-criminal law, criminal) cases; it also has a supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions, though there are debates as to whether these exceptions are effective. The High Court consists of three divisions: the King's Bench Division, the #Chancery Division, Chancery Division and the #Family Division, Family Division. Their jurisdictions overlap in some cases, and cases started in one division may be transferred by court order to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Incitement
In criminal law, incitement is the encouragement of another person to commit a crime. Depending on the jurisdiction, some or all types of incitement may be illegal. Where illegal, it is known as an inchoate offense, where harm is intended but may or may not have actually occurred. International law *The Article 20 of the International Covenant on Civil and Political Rights requires that any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law. That few journalists have been prosecuted for incitement to genocide and war crimes despite their recruitment by governments as propagandists is explained by the relatively privileged social status of journalists and privileged institutional position of news organizations in liberal societies, which assign a high value to a free press. England and Wales Incitement was an offence under the common law of England and Wales. It was an inchoate offenc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Child Pornography
Child pornography (also called CP, child sexual abuse material, CSAM, child porn, or kiddie porn) is pornography that unlawfully exploits children for sexual stimulation. It may be produced with the direct involvement or sexual assault of a child (also known as child sexual abuse images) or it may be simulated child pornography. Abuse of the child occurs during the sexual acts or lascivious exhibitions of genitals or pubic areas which are recorded in the production of child pornography. Child pornography may use a variety of mediums, including writings, magazines, photos, sculpture, drawing, painting, animation, sound recording, video, and video games. Child pornography may be created for profit or other reasons. Laws regarding child pornography generally include sexual images involving prepubescents, pubescent, or post-pubescent minors and computer-generated images that appear to involve them. Most possessors of child pornography who are arrested are found to possess images o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stipendiary Magistrate
Stipendiary magistrates were magistrates that were paid for their work (they received a stipend). They existed in the judiciaries of the United Kingdom and those of several former British territories, where they sat in the lowest-level criminal courts. United Kingdom England and Wales Stipendiary magistrates sat in the magistrates' courts of England and Wales, alongside unpaid 'lay' magistrates, generally hearing the more serious cases. In London, stipendiary magistrates were known as metropolitan stipendiary magistrates. Until 1949, they were known as metropolitan police magistrates. There was also a Chief Metropolitan Stipendiary Magistrate for London, with additional administrative duties. In August 2000, stipendiary magistrates, including metropolitan stipendiary magistrates, were replaced by the new role of district judge (magistrates' courts). There is also now a Senior District Judge (Chief Magistrate). Scotland Stipendiary magistrates were the most junior judg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Precedent
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisdictions, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mens Rea
In criminal law, (; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action (or lack of action) would cause a crime to be committed. It is considered a necessary element of many crimes. The standard common law test of criminal Legal liability, liability is expressed in the Latin phrase ,1 Subst. Crim. L. § 5.1(a) (3d ed.) i.e. "the act is not Culpability, culpable unless the mind is guilty". As a general rule, someone who acted without mental Fault (law), fault is not liable in criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ....". . . a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material eleme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Distinction (law)
''Distinction'' is a principle under international humanitarian law governing the laws of war, legal use of force in an armed conflict, whereby belligerents must distinguish between combatants and noncombatants (civilians). Combatant in this instance means persons entitled to directly participate in hostilities and thus are not afforded immunity from being directly targeted in situations of armed conflict. Civilian in this instance means civilians who are non-combatants. The definition of "civilian" under international humanitarian law is by no means settled, as further clarity and explanation is needed in regards to determining precisely when, how and for how long a civilian loses his or her protection from targeting. Article 51.3 of Protocol I to the Geneva Conventions explains that "Civilians shall enjoy the protection afforded by this section, unless and for such time as they take a direct part in hostilities". ''Distinction'' and ''proportionality (international humanitarian la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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