Notes, abstracts, papers, exams and problems of Law & Jurisprudence

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Understanding Crime Data and Statistics

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Crime Data and Statistics

The majority of crime data exists in the form of statistics. While many people take statistics to be "objective", no data speak for themselves. All data, statistical or otherwise, have limitations and can be interpreted in a number of different ways. A solid understanding of crime requires a critical understanding of crime data (e.g., we should always ask: where does the data come from? Who collected the data? What are its limitations?).

Types of Crime Data

Official crime data = data collected by government agencies (e.g., FBI and the Justice Department).

  • Uniform Crime Reports (UCR)
  • National Crime Victimization Survey (NCVS)

Unofficial crime data = nongovernmental data usually collected by private agencies and researchers,... Continue reading "Understanding Crime Data and Statistics" »

Admissibility of Illegally Obtained Evidence and Burden of Proof in UK Law

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Admissibility of Illegally Obtained Evidence

Michael Doherty states that if a right under the European Convention on Human Rights (ECHR) is infringed due to illegality, the evidence obtained can be excluded. For example, installing a covert listening device in the defendant's home to get a recording of him admitting to crimes would be a breach of the defendant's right to privacy under Article 8(1). However, this evidence was still admissible. Therefore, it is shown that even if the method of obtaining evidence is illegal, the evidence can still be admissible as long as the illegality does not impair the reliability of the evidence obtained.

Nash & Choo also came up with a guideline, as shown in "What's the matter with s.78?" It provides that

... Continue reading "Admissibility of Illegally Obtained Evidence and Burden of Proof in UK Law" »

The Principle of Judicial Defence: Upholding Parliament Intention and Presumption of Innocence

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The Principle of Judicial Defence: Upholding Parliament Intention and Presumption of Innocence - The support for the judiciary idea should not step in parliament. Lord Nicholas stated that the courts generally uphold parliament's intention unless parliament disregards A6(2). In AG reference, it was ruled by L. Woolf that we must always assume that without a good enough reason, parliament would make an exception to the presumption of innocence. However, in Sheldrake, L. Bingham stated that there should be more consideration towards the POI and court obligation, so s.3HRA, as opposed to putting a provision under view. Following this, Scarmuzza suggested that adhering to parliament's intention weakens the POI, while freedom stated that A6(2) should
... Continue reading "The Principle of Judicial Defence: Upholding Parliament Intention and Presumption of Innocence" »

pue

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VANS GEND & LOOS

THE COURT

IN ANSWER TO THE QUESTIONS REFERRED TO IT FOR A PRELIMINARY RULING BY THE TARIEFCOMMISSIE BY DECISION OF 16 AUGUST 1962, HEREBY RULES :


1 . ARTICLE 12 OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY PRODUCES DIRECT EFFECTS AND CREATES INDIVIDUAL RIGHTS WHICH NATIONAL COURTS MUST PROTECT .

2 . IN ORDER TO ASCERTAIN WHETHER CUSTOMS DUTIES OR CHARGES HAVING EQUIVALENT EFFECT HAVE BEEN INCREASED CONTRARY TO THE PROHIBITION CONTAINED IN ARTICLE 12 OF THE TREATY, REGARD MUST BE HAD TO THE DUTIES AND CHARGES ACTUALLY APPLIED BY THE MEMBER STATE IN QUESTION AT THE DATE OF THE ENTRY INTO FORCE OF THE TREATY .

SUCH AN INCREASE CAN ARISE BOTH FROM A RE-ARRANGEMENT OF THE TARIFF RESULTING IN THE CLASSIFICATION OF THE... Continue reading "pue" »

Criminal Offences Overview: Terrorism, Treason, and More

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Terrorism - The use or threat of action where the use or threat is designed to influence the government or an international governmental organisation or to intimidate the public or a section of the public, and the use or threat is made for the purpose of advancing a political, religious, racial or ideological cause.Treason - "When a man doth compass or imagine the death of our Lord the King, or of our Lady his [X2Queen] or of their eldest son and heir;Inchoate-Intentionally encouraging or assisting an offence (before: Incitement) - A person commits an offence if he/she does an act capable of encouraging or assisting the commission of an offence;
Conspiracy (statutory) - If a person agrees with any other person or persons that a course of conduct
... Continue reading "Criminal Offences Overview: Terrorism, Treason, and More" »

Involvement of Crime Victims in Criminal Punishment Decisions

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Victims of a Crime Should Have a Say in the Criminal's Punishment

I think the victims of a crime should be involved in deciding the criminal's punishment but within the framework of existing laws. Sometimes laws are not as tough as they should be, and considering the victim's opinion could lead to a reevaluation of these laws based on the real trauma that victims have endured.

However, caution should be exercised with the victim's input, as they may seek their own form of justice, which goes against the purpose of established laws. For example, in cases of sexual assault, judges should consider the victim's experience and impose a sentence that includes rehabilitation in addition to jail time, as the perpetrators may have underlying psychological... Continue reading "Involvement of Crime Victims in Criminal Punishment Decisions" »

Affordable Care Act and Health Insurance Plans: Key Points and Benefits

Classified in Law & Jurisprudence

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Affordable Care Act:

1. Insurers cannot reject a person with a pre-existing condition as of 2014.

2. Adult children can stay on their parent's plan until the age of 26.

3. Insurers cannot rescind benefits due to an insured individual's honest mistake on the insurance application.

4. No lifetime limits on coverage.

5. Insurers must cover certain preventative services without applying co-payments, coinsurance, or deductibles.

6. Individuals can choose primary care physicians from within a plan's provider network and can obtain services from an OB-GYN without a referral from a physician.

7. Insurers must provide rebates to participants if certain percentages are not met.

Health Insurance Plans:

1. Traditional health insurance plans

2. Managed-care plans:

... Continue reading "Affordable Care Act and Health Insurance Plans: Key Points and Benefits" »

Important Legal Cases and Terms in Victimology

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Case Holdings

Gideon v Wainright- challenged right to counsel if poor
Sperling v Teplizky- Temporary restraining order
Keatins v Dr.Bolander- sued for medical expenses, loss of income, medical distress
Juvenile Case-In Re Gault juveniles have right to counsel same as adults
Hurley v ACPD- compensatory damages and punitive damages
State v Marquez- Court says he is guilty of the restraining order. Burglary charge dismissed
R v Sundown case- The appeal should be dismissed
Brown v Education- segregation in American public schools was inherently unequal
Miranda v Arizona- must be informed of their constitutional right to an attorney and against self-incrimination
Mapp v Ohio- evidence obtained in violation of the 4th amendment to the U.S.
Escabedo v Illinois-
... Continue reading "Important Legal Cases and Terms in Victimology" »

Land Revenue Act: Partition, Record of Rights, and Recovery of Arrears

Posted by Mirwan bugti and classified in Law & Jurisprudence

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Partition of Land
Any joint owner of land or joint owner of tenancy can make application for partition of holding. The application for the partition of land is filed before the land revenue officer. A person who has no share in land cannot file suit of partition of the land.
2. Relevant Provision:
Sec. 135 to 150 Land Revenue Act 1967.
3. Application for Partition of Land:
According to Sec. 135 any joint owner of land may apply to a revenue officer for partition of his share in the land.
(i) Conditions for Filing Application:
(a) At the date of application the share is recorded under Chapter VI as belonging to him or.
(b) His right to the share has been established by a decree which is still subsisting as that date or.
(c) A written acknowledgement... Continue reading "Land Revenue Act: Partition, Record of Rights, and Recovery of Arrears" »

Income from the forest

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muckraker: Muckrakers were investigative reporters and writers during the Progressive Era(1890–1920) who wrote about corruption and injustices in order to make changes in society. 

recall: can remove an elected representative from office.

initiative:voters can propose and vote for new laws.

referendum:legislator propose a law, voters vote on it.

the jungle:Book on the meat packing industry

bully pulpit:the ability to use the office of the presidency to promote a particular program and/or to influence Congress to accept legislative proposals.

food and drug act:Passed in 1906, the first law to regulate manufacturing of food and medicines; prohibited dangerous additives and inaccurate labeling.

meat inspection act: Passed in 1906 largely in reaction... Continue reading "Income from the forest" »