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Author: Great Britain: Law Commission Publisher: The Stationery Office ISBN: 9780118405188 Category : Business & Economics Languages : en Pages : 162
Book Description
In this report the Law Commission says the legal definition of kidnap needs to be rewritten to allow prosecutors to deal properly with each offender. It says the existing definition was confusing and ambiguous. Kidnapping is a common law offence - an historic crime developed in the courts, rather than being defined exactly by an Act of Parliament. It covers a huge range of possible offences, from minor domestic incidents to major conspiracies, and can carry a maximum life sentence. But the Law Commission says kidnap is more complex than the popular view that the offence occurs when someone is taken against their will. Prosecutors must also show that there was either fraud or force involved - otherwise they must rely on other offences such as abduction or false imprisonment. This means there is a gap in the law where either a child or a vulnerable adult - such as someone with learning disabilities - was enticed away. Although neither could give consent to being taken away, a perpetrator would escape a charge of kidnap if the police and prosecutors could not show they used force or fraud. In the worst-case scenario, this could mean that someone who kidnapped a child would face a maximum sentence of just seven years. Kidnap could be made more workable by simply showing that the victim had not given their consent to being taken away. The Commission also says reforms could also allow minor cases to be dealt with by magistrates' courts, saving both time and money
Author: Great Britain: Law Commission Publisher: The Stationery Office ISBN: 9780118405188 Category : Business & Economics Languages : en Pages : 162
Book Description
In this report the Law Commission says the legal definition of kidnap needs to be rewritten to allow prosecutors to deal properly with each offender. It says the existing definition was confusing and ambiguous. Kidnapping is a common law offence - an historic crime developed in the courts, rather than being defined exactly by an Act of Parliament. It covers a huge range of possible offences, from minor domestic incidents to major conspiracies, and can carry a maximum life sentence. But the Law Commission says kidnap is more complex than the popular view that the offence occurs when someone is taken against their will. Prosecutors must also show that there was either fraud or force involved - otherwise they must rely on other offences such as abduction or false imprisonment. This means there is a gap in the law where either a child or a vulnerable adult - such as someone with learning disabilities - was enticed away. Although neither could give consent to being taken away, a perpetrator would escape a charge of kidnap if the police and prosecutors could not show they used force or fraud. In the worst-case scenario, this could mean that someone who kidnapped a child would face a maximum sentence of just seven years. Kidnap could be made more workable by simply showing that the victim had not given their consent to being taken away. The Commission also says reforms could also allow minor cases to be dealt with by magistrates' courts, saving both time and money
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security Publisher: ISBN: Category : Law Languages : en Pages : 136
Author: Nicola Padfield Publisher: Oxford University Press ISBN: 0198778317 Category : Law Languages : en Pages : 433
Book Description
A concise yet authoritative introduction to the subject, 'Criminal Law' offers a stimulating account of the key topics in this area of law, illustrated through numerous case summaries. Exposition of the most recent case law and academic commentaries ensures a solid grounding in the core areas of a complex subject.
Author: Richard Card Publisher: Oxford University Press, USA ISBN: 0199646422 Category : Law Languages : en Pages : 888
Book Description
This popular title combines breadth of coverage with readability and sets out the principal points of criminal law in a systematic and thorough way. This edition includes the most recent legislative and case law developments.
Author: Richard Card Publisher: Oxford University Press, USA ISBN: 0198702302 Category : Law Languages : en Pages : 871
Book Description
This popular title combines breadth of coverage with readability and sets out the principal points of criminal law in a systematic and thorough way. This edition includes the most recent legislative and case law developments.
Author: Gilad James, PhD Publisher: Gilad James Mystery School ISBN: 8564708833 Category : Law Languages : en Pages : 125
Book Description
Introduction to Criminal Law is a course designed to provide students with an in-depth understanding of the fundamental principles of criminal law. The course covers several topics including the definition of crime, criminal acts and intent, defenses to crimes, and the principles of punishment. The course begins by providing students with an overview of the criminal justice system and the roles of the different players in the system. This is followed by an analysis of the elements of a crime which include actus reus and mens rea. Students will also learn the different types of criminal offenses, including property crimes, violent crimes, and white-collar crimes. The course also delves into the various defenses to crimes, including self-defense, entrapment, and duress. Finally, the course concludes by examining the principles of punishment, including the purposes of punishment, sentencing, and the constitutional safeguards of the Eighth Amendment. Overall, the course equips students with the knowledge and skills to understand the intricacies of criminal law and the criminal justice system. The course is important in providing a foundation for those who wish to pursue a career in the field of criminal justice. Professionals who work in the legal system, such as lawyers, judges and law enforcement officers, must have a deep understanding of criminal law to effectively carry out their roles. The course is also useful for individuals who are interested in learning more about the criminal justice system, including students exploring different career paths or individuals with a general interest in law. The course offers a comprehensive understanding of the principles of criminal law and the mechanisms used to enforce these principles, and thus provides a useful tool for individuals seeking to broaden their knowledge and understanding of the criminal justice system.
Author: Markus D Dubber Publisher: OUP Oxford ISBN: 0191654604 Category : Law Languages : en Pages : 1294
Book Description
The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
Author: Great Britain: Law Commission
Author: Great Britain: Law Commission
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security
Author: Council of Europe
Author: South African Law Commission
Author: South African Law Commission
Author: Nicola Padfield
Author: Richard Card
Author: Richard Card
Author: Gilad James, PhD
Author: Markus D Dubber