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English Criminal Law
English criminal law concerns offences, their prevention and the consequences, in England and Wales. Criminal conduct is considered to be a wrong against the whole of a community, rather than just the private individuals affected. The state, in addition to certain international organisations, has responsibility for crime prevention, for bringing the culprits to justice, and for dealing with convicted offenders. The police, the criminal courts and prisons are all publicly funded services, though the main focus of criminal law concerns the role of the courts, how they apply criminal statutes and common law, and why some forms of behaviour are considered criminal. The fundamentals of a crime are a guilty act (or ''actus reus'') and a guilty mental state (or ''mens rea''). The traditional view is that moral culpability requires that a defendant should have recognised or intended that they were acting wrongly, although in modern regulation a large number of offences relating to road ...
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Old Bailey Central Criminal Court From Holborn Viaduct, City Of London, England
Old or OLD may refer to: Places *Old, Baranya, Hungary *Old, Northamptonshire, England *Old Street station, a railway and tube station in London (station code OLD) *OLD, IATA code for Old Town Municipal Airport and Seaplane Base, Old Town, Maine, United States People *Old (surname) Music *OLD (band), a grindcore/industrial metal group * ''Old'' (Danny Brown album), a 2013 album by Danny Brown * ''Old'' (Starflyer 59 album), a 2003 album by Starflyer 59 * "Old" (song), a 1995 song by Machine Head *''Old LP'', a 2019 album by That Dog Other uses * ''Old'' (film), a 2021 American thriller film *''Oxford Latin Dictionary'' *Online dating *Over-Locknut Distance (or Dimension), a measurement of a bicycle wheel and frame *Old age See also *List of people known as the Old * * *Olde, a list of people with the surname *Olds (other) Olds may refer to: People * The olds, a jocular and irreverent online nickname for older adults * Bert Olds (1891–1953), Australian rules ...
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Automatism (law)
In criminal law, automatism is a rarely used criminal defence. It is one of the mental condition defences that relate to the mental state of the defendant. Automatism can be seen variously as lack of voluntariness, lack of culpability (unconsciousness) or excuse. Automatism means that the defendant was not aware of his or her actions when making the particular movements that constituted the illegal act. For example, Esther Griggs in 1858 threw her child out of a first floor window believing that the house was on fire, while having a sleep terror. In 2002, Peter Buck, lead guitarist of the band R.E.M., was cleared of several charges, including assault, which resulted from automatism brought on by a bad interaction between alcohol and sleeping pills. In a 2009 case in Aberporth in west Wales, Brian Thomas strangled his wife in their camper van, also during a sleep terror, when he mistook his wife for an intruder. The defence of automatism is denying that the person was acting ...
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Cambridge Law Journal
''The Cambridge Law Journal'' is a peer-reviewed academic law journal, and the principal academic publication of the Faculty of Law, University of Cambridge. It is published by Cambridge University Press, and is the longest established university law journal in the United Kingdom. Based on the outcomes of the 2001 Research Assessment Exercise a 2006 analysis ranked the journal as overall the 7th most influential in the United Kingdom. History The Cambridge Law Journal was founded as a student publication by the Cambridge University Law Society. As it gained recognition for quality, its management was taken over by the Faculty of Law, University of Cambridge The Faculty of Law, Cambridge is the law school of the University of Cambridge. The study of law at the University of Cambridge began in the thirteenth century. The faculty sits the oldest law professorship in the English-speaking world, the .... References External links * Publications established in 1921 Bri ...
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Law Commission (England And Wales)
In England and Wales the Law Commission ( cy, Comisiwn y Gyfraith) is an independent law commission set up by Parliament by the Law Commissions Act 1965 to keep the law of England and Wales under review and to recommend reforms. The organisation is headed by a Chairman (currently Sir Nicholas Green, a judge of the Court of Appeal) and four Law Commissioners. It proposes changes to the law that will make the law simpler, more accessible, fairer, modern and more cost-effective. It consults widely on its proposals and in the light of the responses to public consultation, it presents recommendations to the UK Parliament that, if legislated upon, would implement its law reform recommendations. The commission is part of the Commonwealth Association of Law Reform Agencies. Activities The Law Commissions Act 1965 requires the Law Commission to submit "programmes for the examination of different branches of the law" to the Lord Chancellor for his approval before undertaking new work. ...
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JUSTICE
Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspectives, including the concepts of moral correctness based on ethics, rationality, law, religion, equity and fairness. The state will sometimes endeavor to increase justice by operating courts and enforcing their rulings. Early theories of justice were set out by the Ancient Greek philosophers Plato in his work The Republic, and Aristotle in his Nicomachean Ethics. Advocates of divine command theory have said that justice issues from God. In the 1600s, philosophers such as John Locke said that justice derives from natural law. Social contract theory said that justice is derived from the mutual agreement of everyone. In the 1800s, utilitarian philosophers such as John Stuart Mill said that justice is based on the best outcomes for the gre ...
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Common Law Offence
Common law offences are crimes under English criminal law, the related criminal law of some Commonwealth countries, and under some U.S. State laws. They are offences under the common law, developed entirely by the law courts, having no specific basis in statute. Australia Under the criminal law of Australia the Criminal Code Act 1995 (Commonwealth) abolished all common law offences at the federal level.History of Australian Criminal Law
Parliament of Australia Library
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English Criminal Code
The jurisdiction of England and Wales does not have a Criminal Code though such an instrument has been often recommended and attempted. , the Law Commission is again working on the Code. History *1818 - Parliament petitions the Prince Regent for a Law Commission to consolidate English statute law.Lord Bingham (1998) *1831 - Commission established to enquire into the possibility of a criminal code. The commission reports in 1835 and there are seven more reports over the next decade. A Criminal Law Code Bill is introduced, referred to a Select committee and then dropped. *1879 - A Royal Commission under Colin Blackburn, Baron Blackburn recommends and drafts a code. *1882 - Since 1844 there had been eight unsuccessful attempts to enact a code. *1965 - The Law Commission of England and Wales is established with a remit to review the law of England and Wales: — A Criminal Code team is set up including academic lawyer Professor Sir John Cyril Smith, the outstanding criminal lawy ...
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Criminal Code
A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might be imposed for these offences, and some general provisions (such as definitions and prohibitions on retroactive prosecution). Criminal codes are relatively common in civil law jurisdictions, which tend to build legal systems around codes and principles which are relatively abstract and apply them on a case-by-case basis. Conversely they are not as common in common law jurisdictions. The proposed introduction of a criminal code in England and Wales was a significant project of the Law Commission from 1968 to 2008. Due to the strong tradition of legal precedent in the jurisdiction and consequently the large number of binding legal judgements and ambiguous 'common law offences', as well as the often inconsistent nature of English law, ...
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Criminal Procedure
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure. Basic rights Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that they are innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human R ...
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Evidence
Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field. In epistemology, evidence is what justifies beliefs or what makes it rational to hold a certain doxastic attitude. For example, a perceptual experience of a tree may act as evidence that justifies the belief that there is a tree. In this role, evidence is usually understood as a private mental state. Important topics in this field include the questions of what the nature of these mental states is, for example, whether they have to be propositional, and whether misleading mental states can still qualify as evidence. In phenomenology, evidence is understood in a similar sense. Here, however, it is limited to intuitive knowledge that provides immediate access to truth and is therefore indubitable. In this role, it is supposed to provide ultimate justifications for ...
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Trial
In law, a trial is a coming together of Party (law), parties to a :wikt:dispute, dispute, to present information (in the form of evidence (law), evidence) in a tribunal, a formal setting with the authority to Adjudication, adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute. Types by finder of fact Where the trial is held before a group of members of the community, it is called a jury trial. Where the trial is held solely before a judge, it is called a bench trial. Hearing (law), Hearings before administrative body, administrative bodies may have many of the features of a trial before a court, but are typically not referred to as trials. An appeal (appellate proceeding) is also generally not deemed a trial, because such proceedings are usually restricted to a review of the evidence presented before the trial court, and do not permit the ...
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Provocation (legal)
In law, provocation is when a person is considered to have committed a criminal act partly because of a preceding set of events that might cause a reasonable individual to lose self control. This makes them less morally culpable than if the act was premeditated (pre-planned) and done out of pure malice (malice aforethought).Criminal Law Cases and Materials, 7th ed 2012; John Kaplan, Robert Weisberg, Guyora Binder It "affects the quality of the actor's state of mind as an indicator of moral blameworthiness."Model Penal Codes Commentaries to §210.3 Manslaughter Provocation is often a mitigating factor in sentencing. It rarely serves as a legal defense, meaning it does not stop the defendant from being guilty of the crime. It may however, lead to a lesser punishment. In some common law legal systems, provocation is a "partial defense" for murder charges, which can result in the offense being classified as the lesser offense of manslaughter, specifically voluntary manslaughter. Pr ...
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