Incitement
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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 ...
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Incitement To Genocide
Incitement to genocide is a crime under international law which prohibits inciting (encouraging) the commission of genocide. An extreme form of hate speech, incitement to genocide is considered an inchoate offense and is theoretically subject to prosecution even if genocide does not occur, although charges have never been brought in an international court without mass violence having occurred. "Direct and public incitement to commit genocide" was forbidden by the Genocide Convention in 1948. Incitement to genocide is often cloaked in metaphor and euphemism and may take many forms beyond direct advocacy, including dehumanization and "accusation in a mirror". Historically, incitement to genocide has played a significant role in the commission of genocide, including the Armenian genocide, the Holocaust and the Rwandan genocide. Definitions "Direct and public incitement to commit genocide" is forbidden by the Genocide Convention (1948), Article 3(c). If genocide were to be committe ...
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Inchoate Offences In English Law
In English criminal law, an inchoate offence is an offence relating to a criminal act which has not, or not yet, been committed. The main inchoate offences are attempting to commit; encouraging or assisting (formerly inciting) crime; and conspiring to commit. Attempts, governed by the Criminal Attempts Act 1981, are defined as situations where an individual who intends to commit an offence does an act which is "more than merely preparatory" in the offence's commission. Traditionally this definition has caused problems, with no firm rule on what constitutes a "more than merely preparatory" act, but broad judicial statements give some guidance. Incitement, on the other hand, is an offence under the common law, and covers situations where an individual encourages another person to engage in activities which will result in a criminal act taking place, and intends for this act to occur. As a criminal activity, incitement had a particularly broad remit, covering "a suggestion, prop ...
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Inchoate Offense
An inchoate offense, preliminary crime, inchoate crime or incomplete crime is a crime of preparing for or seeking to commit another crime. The most common example of an inchoate offense is "attempt". "Inchoate offense" has been defined as the following: "Conduct deemed criminal without actual harm being done, provided that the harm that would have occurred is one the law tries to prevent."See lists and chapters of texts at McCord and McCord, ''Infra,'' pp. 185-213, and Schmalleger, ''Infra'', pp. 105-161, 404. Intent Every inchoate crime or offense must have the ''mens rea'' of intent or of recklessness, typically intent. Absent a specific law, an inchoate offense requires that the defendant have the specific intent to commit the underlying crime. For example, for a defendant to be guilty of the inchoate crime of solicitation of murder, he or she must have intended for a person to die. Attempt, conspiracy, and solicitation all require ''mens rea''. On the other hand, committ ...
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Hatred
Hatred is an intense negative emotional response towards certain people, things or ideas, usually related to opposition or revulsion toward something. Hatred is often associated with intense feelings of anger, contempt, and disgust. Hatred is sometimes seen as the opposite of love. A number of different definitions and perspectives on hatred have been put forth. Philosophers have been concerned with understanding the essence and nature of hatred, while some religions view it positively and encourage hatred toward certain outgroups. Social and psychological theorists have understood hatred in a utilitarian sense. Certain public displays of hatred are sometimes legally proscribed in the context of pluralistic cultures that value tolerance. Hatred may encompass a wide range of gradations of emotion and have very different expressions depending on the cultural context and the situation that triggers the emotional or intellectual response. Based on the context in which hatred oc ...
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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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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 is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender. History The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the N ...
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Criminal Law Review
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reporte ...
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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 ...
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Family Allowances Act 1945
The Family Allowances Act 1945 (8 & 9 Geo. VI c. 41) was a British Act of Parliament and was the first law to provide child benefit in the United Kingdom. It was enacted on 15 June 1945 when the caretaker Conservative government was in office under Winston Churchill, but it did not come into effect until 6 August 1946 when the Labour government under Clement Attlee was in power. Family allowances had been one of the items proposed by the Beveridge Report in 1942. The Labour Party briefly debated pressing for allowances during the Second World War, but a party conference resolution to this end was opposed by the trades unions for fear that the amount paid would be taken into account in wage negotiations, leaving workers no better off. As passed, the Act empowered the Minister of National Insurance to pay an allowance of five shillings per week for each child in a family other than the eldest; later Acts increased this sum. It was payable whilst the child was of school age, up ...
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Fenton Atkinson
Sir Fenton Atkinson (6 January 1906 – 28 March 1980) was a British High Court judge. He was the judge who oversaw the trial of the Moors murderers, Ian Brady and Myra Hindley, at Chester Assizes in 1966. Early and private life Atkinson was the son of High Court judge and Conservative Party politician Sir Cyril Atkinson. He was educated at Winchester College and New College, Oxford. He married Margaret Mary Roy in 1929. They had a son and two daughters. Career Atkinson was called to the bar at Lincoln's Inn in 1928. Like his father, he practised on the Northern Circuit. He served in the Royal Norfolk Regiment in the Second World War, receiving an emergency commission, and achieving the substantive rank of Major and acting Brigadier by September 1943. He served as an Assistant Adjutant general in India. He also served with the British Military Government in occupied Germany after the War, and participated in the Nuremberg trials. He was appointed as a Queen's Counsel in ...
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John Laws (judge)
Sir John Grant McKenzie Laws (10 May 1945 – 5 April 2020) was a Lord Justice of Appeal. He served from 1999 to 2016. He was the Goodhart Visiting Professor of Legal Science at the University of Cambridge, and an Honorary Fellow of Robinson College, Cambridge. Early life Laws was born on 10 May 1945, the son of Dr Frederic Laws and his wife Dr Margaret Ross, ''née'' McKenzie, the daughter of the Congregational minister and academic John Grant McKenzie. He was educated at Chorister School, Durham, Durham Chorister School, and as a King's Scholar at Durham School. He studied at Exeter College, Oxford as a Senior Open Classical Scholar, receiving a British undergraduate degree classification, First Class BA in 1967, and an Master of Arts (Oxbridge and Dublin), MA in 1976. He became an Honorary Fellow of the College in 2000. Legal career He was called to the Bar at the Inner Temple in 1970, and appointed a Bencher in 1985. He was appointed First Junior Treasury Counsel (Common Law ...
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Lord Scarman
Leslie George Scarman, Baron Scarman, (29 July 1911 – 8 December 2004) was an English judge and barrister, who served as a Law Lord until his retirement in 1986. Early life and education Scarman was born in Streatham but grew up on the border of Sussex and Surrey. He won scholarships to Radley College and then Brasenose College, Oxford, where he read Classics, graduating in 1932 with a First. Legal career He was called to the bar at the Middle Temple in 1936. He remained briefless until World War II, which he spent in the Royal Air Force as a staff officer in England, North Africa, and then continental Europe. He was present with Arthur Tedder when Alfred Jodl surrendered at Reims. He was appointed an Officer of the Order of the British Empire (OBE) in 1944. He returned to law in 1945, practising from chambers at 2, Crown Office Row, known since the 1970s as Fountain Court Chambers, and in the late 1940s and early 1950s he started to build the chambers' reputation for commer ...
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