Criminal Law Essay

Criminal Law Essay
Illinois revised statutes state that, "a person is justified in the use of deadly force when that person reasonably believes that such force is necessary to
prevent imminent death or great bodily harm to himself." (Ill.Rev.Stat. 1977, ch. 38, par. 7–1).
When a court looks to define whether a defendant was reasonably justified in his use of deadly force they look at four factors: (1) Significant physical
disparity in size between the defendant and the decedent(s) (2) the defendant avidly attempts to avoid confrontation (3) The defendant feels threaten by
the decedent(s) (4) the decedent(s) continued pursuit of the defendants after a had been fired. The People of the State of Illinois v. S.M., a minor, 416
N.E.2d 1212, 1212(Ill.App. Ct...show more content...
In People v S.M. the defendant is seen actively trying to avoid confrontation and thus giving the court evidence that he felt his life was truly in
danger. The court stated "that his fears were well founded is borne out by the appearance and conduct of Gale's four companions and by the fact that
the boys were in way discouraged by the respondent's gun. The respondent made repeated efforts to flee. At no time did he stand his ground or
advance toward the other boys." Likewise, in People v Shipp the defendant is seen trying to stop the decedent by using words. "Please don't come
any closer. The decedent continued to advance and the defendant began backing up". It is only when he gets within proximity does the defendant
deem it necessary to act. The court found that the defendant acted in a way that was justified in the use of deadly force to protect herself from
imminent harm. In contrast in People v Moore, the defendant did not avoid confrontation, just before the defendants use of deadly force he is told to
go back home by his neighbor. He instead makes the decision to return with the weapon and use it if necessary. "" This leads the court to believe he
didn't act in a way to avoid confrontation.
The third factor that the court uses to justify the reasonable use of deadly force is that the defendant feels threaten by the decedent(s). In People
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Reflection On Criminal Law
Reflection This is my senior year at TWU, my major is government with emphasis in legal studies. I want to go to law school, and I am currently
studying for my LSAT. I haven't decided what type of law I want to practice yet, this is one of the many reasons why I wanted to intern. I have
looked around into what type of area I wanted to practice. I found an interning position at a Criminal defense, I think this is where my interest is.
Criminal law has always been something that I have been interested in, and getting to be in the office and experiencing has made me enjoy it even
more. It has also made me realize how detailed oriented I need to be, to be in that field, every aspect of the case plays a part in coming up with a
resolution. I have read multiple articles, and books regarding criminal defense lawyers. Their job isn't so easy and it's not always easy to only focus
on the facts when values are sometimes being questioned. Cases can sometimes be dealing with complicated scenarios, that no one can imagine
going through. The experiences as a criminal defense intern at an office was eye opening and the experience I got was enough to help me decide my
career and advance into my career. This paper is an overall look back in order to establish the learning experiences that occurred at the law firm as I
worked as an intern. It is a reflection showing the experiences during the semester. This internship started out very informative, they taught me
everything

Essay On Criminal Law
Criminal Law in the United States Federal law is that which is created at the national level and hence applies to all states, the District of Columbia
and other United States' territories while state law applies in specific states where is enacted. Federal law is founded on the U.S. Constitution which
establishes powers of the government, its responsibility and basic rights enjoyed by every citizen. On the other hand, state law applies to residents,
visitors and business entities within each particular state. When part of the state law directly conflicts provisions of the federal law, federal law
prevails. However, even though state law is allowed to afford more rights to its residents, it cannot restrict or reduce rights of the U.S....show more
content...
However, the federal marijuana laws are generally applicable against people who cultivate, possess or even distribute huge amounts of cannabis.
Therefore, under the federal law, cannabis is handled similar to all other controlled substances such as heroin and cocaine. Violation of federal
marijuana law calls for steep punishment for persons found guilty. Federal sentencing consider amount of marijuana as well as the past convictions of
the involved person. Even though not every cannabis conviction require jail time, they are all eligible for an imprisonment. The enforcement priorities
in federal marijuana law are based on stipulated guidelines which do not consider medical cannabis programs. These guidelines include prevention of
distributing cannabis to minors, prevention of gaining revenue from marijuana cartels, prevention of transferring marijuana from states where it is
legalized to other states, prevention of drugged driving or violence and control of marijuana usage to cover up other illegal activities in federal level.
The criminal statutes of Ohio State identify broad types of conducts that are considered illegal and hence punishable by imprisonment, fines or other
sanctions. Ohio criminal law include statutes that prohibit battery and assault, domestic violence, child pornography, and possession of marijuana,
among other crimes (Ohio

The Importance Of Criminal Law
Criminal Law is part of the criminal justice system that has a set of rules and regulations that punishes criminal offenses against society. Laws in
society are to enforce the actions of people in society, keep great morale and punish criminals. In addition, Civil Law defined by dictionary, "The
body of laws of a state or nation regulating ordinary private matters," which can lead to lawsuits, which goes to tort law. Also, there are several
procedural defenses in the criminal justice system that criminals or defendants use to claim that they were discriminated against or wrongfully accused
of a crime in the system. In addition, there are excuses used in the criminal justice system that a criminal might use if they committed the crime,
but should not be held responsible due to certain circumstances at the time of the act. Furthermore, the criminal justice system has several defenses
and certain laws that enforce rules and regulations, such as civil law, procedural law, excuses, and procedural defenses. Civil law is very effective
in the criminal justice for many reasons. According to LSU Law, "Civil Law is comprehensive system of rules and principles usually arranged in
codes and easily accessible to citizens and jurists." This quote means that civil law is easily accessible by the public and has a set of rules and
regulations that can be addressed at any time in the criminal justice system. Also, according to LSU Law, "Civil law is an adaptable system, with civil

Criminal Law Concepts
Rebecca Rodriguez
Springfield College School of Professional and Continuing Studies
1 Fernwood Ave, Enfield, CT 06082
Criminal Law Concepts, CJWB 160
September Term/2015
Instructor: Denise Duguay, MS
Most nations today follow one of two major legal traditions; Common law tradition or civil law tradition. The Common law is a body of law bases on
custom and general principles embodied in case law which serve as precedent and is applied to situations not covered by statute. The common law
traditions emerged in England during the middle ages and was applied within the British colonies across continents.
The law of the United States is largely derived from the common law system of English law,...show more content...
Common law can provide a backup should the statute laws fail for example in the case of the National Rivers Authority (NRA) and Anglers
Co–operative association v Clark (1994). In this case a pig farmer (Mr Clarke) released three million gallons of slurry into a 75km stretch of the
river Sapiston and Little Ouse which subsequently destroyed a fishery [2]. The NRA attempted to prosecute the pig farmer under sections of the
Control of Pollution act 1974 and the Salmon and Freshwater Fisheries act of 1975 [2]. The court of appeal ruled that the farmer could not be held
liable as his knowledge of the discharge could not be proven [2]. The NRA and the Anglers association who were representing the interests of the
local angling club proceeded with a civil action against Mr Clarke [2]. The civil action case was successful and the NRA was awarded ВЈ90,000 in
legal expenses and to investigate the extent of damage and restock the fishery the local angling club received ВЈ8,450 in damages [2]. In this case the
common law provided a secondary option after the legislation in place had failed and inadvertently led to the protection of the environment. This case
shows that the common law does have its advantages and shows that environmental legislation can sometimes fail. In this legalisation failed because it
could not be proven that the Mr Clarke had knowingly caused harm

Criminal Law Reflection
The law has always intrigued me, I have grown up my whole life wanting to be an attorney, specifically in criminal law. While I am now unsure if I
will make the plunge into law school, one thing I know is that I have really enjoyed this class, specifically the first portion of the semester on
criminal law. When I chose my articles every week I was naturally drawn to the articles that involved in criminal offenses, such as the teenager who
'snapped' when he killed his parents, and family dog, and the the hazing case in a college fraternity. While I started following these stories fairly
late in the semester, week nine, and ten in the articles project, I still follow them now. Before this assignment I never read the newspaper, aside from
the occasional "Dear Abby" story. After this assignment I realized there was a difference in the way the same stories were portrayed in the newspaper
and on the news on the television. Reading the newspaper has changed my perspective on current events, and has challenged my opinions that I had
made based on watching the news. The first major story that I started following was in week three, and it was an article published in the New York
Times by the Associated Press titled "Man who Apologized on Facebook before Slaying Pleads Guilty". This story was about a 24–year old man from
Scottsville, Kentucky, Ethan Reid. Reid apologized publically on a video that was posted on Facebook minutes before he shot and killed the mother of
his seven month

One of the main differences between criminal cases and civil cases is that they are held in different courts, this is because there is a significant
distinction between a civil wrong and a criminal wrong. Crimes are considered to be a type of wrongdoing, however civil wrongs tend to have only
an impact on the parties involved in the case. For example: a breach of contract. Where as criminal wrongs tend to have an impact on society itself.
For example: a murder, theft or rape.
Criminal law is dealt with in the Magistrates court and if very serious in the Crown court. It is said to be more difficult to win a case in the
Magistrates court and Crown court than in a civil court as in a magistrates...show more content...
Magistrates also determine, subject to appeal, whether the defendant should be kept in custody pending trial. Magistrates can impose conditions to meet
their concerns about granting bail. Courts have limited information on which to base bail decisions, with the exception of experimental bail
information schemes involving the probation service. Normally prosecutors and sometimes defence lawyers make representations as to whether bail
should be granted or not. There is a high degree of correlation between prosecutors' representations and magistrates' decisions. One problem the society
has with magistrates is that sections of the community are underrepresented in the lay magistracy. The lay magistracy remains predominately white,
middle aged, middle class and conservative.
The other court of trial for a criminal case is the Crown Court. Indictable offences like murder can only be dealt with in this court and also triable
offences for example, all theft cases. An accused has the absolute right of trial in the Crown Court but if he/she elects summary trial the magistrates
may decline to hear the case. Even if they do they may commit a convicted person to the Crown Court for sentence if they believe their own
sentencing proves to be inadequate. Three types of judges sit in the court – High Court Judges, circuit judges and recorders. The latter are part time and
hear the less serious

Criminal Law And Its Effect On Society
Criminal law is an immense part in society, including the following functions: to deter a person from acts that harms them or society. Additionally,
people who do not follow the rules that are being set by the authority, they will be punished. The criminal law is formed to guide the general public
behaviour, which are seen acceptable by society. (Jonathan Herring criminal law eighth edition)
Criminal laws are set of rules, created by the authority to establish control in society. While, morality is the principles and values that are recognised
by society to institute right from wrong and good from bad. As there are different cultures, age groups and gender in society have different beliefs,
attitudes and values as Jock Young has pointed out. What one may view as moral others may view immoral. While society goes through
development, people's views change and the way they react to certain ideas such as manner offences (littering). The definition of 'morality' has
changed over time and will have different meaning for various cultures. Another main reason why law should not enforce moral ideas is because
there are different concepts in society in which they view moral. (Regina v R) is a case that challenges the idea of morality, where a husband rapes
his wife. In 1736 Chief Justice Hale had argued "the husband cannot be guilty of rape committed by himself upon his lawful wife". On the other hand,
this was a time when the law was based on religion values and people use to

Natural Law Vs. Criminal Law
From the beginning of time in every society there have been laws, and with every set of laws, there are those who break these societal rules. On top
of laws, there are natural laws, which are similar to norms. The definition of natural law "is any act that is seen as fundamentally wrong, strongly
disapproved, and deserving of punishment, regardless of whether it is legal" (Chambliss). Some argue that when natural law is broken it should also
be considered a crime. However, natural laws are not written down, and what makes it a crime is the fact that the crime is written down and
enforced by the government. Where this becomes interesting is in the debate on natural law versus criminal law. For example, the legalization of
marijuana was once illegal, both recreational use and medical use. However, in modern day, marijuana is legal in some states, but still breaks natural
laws. Legalization of marijuana, one day is illegal and a crime and the next day it is legal and not a crime anymore. This causes norms to alter and
change over time.
However, not all norms are as deviant as breaking an actual law. They are similar but a crime must follow a specific legal definition, which is a
"crime occurs when a person either acts, fails to act, attempts to act, or agrees to act in a way that is a violation of the criminal law, and without defense
or justification" (Chambliss). This can include acts that are carried out and those that are attempted but not successful. Another type of crime

Essay on Concepts of Criminal Law
Concept of Criminal Law –3 A criminal penalty can take many forms and must meet four criteria: it must inflict pain or other unpleasant consequences,
be prescribed in the same law that defines the crime, be administered intentionally, and be administered by the state. What are the purposes of criminal
punishment? What is burden of proof in a criminal case? Who must meet this burden of proof? Who has the burden of proof to prove an affirmative
defense? What is the standard for proving affirmative defense? What are indeterminate sentencing laws? This individual work should include the
following: An in–depth submission that should be free of...show more content...
Retribution: The felon harmed society; therefore society (or the direct victims) is entitled to inflict harm in return.5. Rehabilitation: The punishment
changes the felon in order to make him a better citizen afterwards. (The punishment can include mandatory vocational training, counseling, drug
treatment, etc.) What is burden of proof in a criminal case? Who must meet this burden of proof? Basically, "burden of proof" means the
prosecution must present evidence at the trial that proves beyond any doubt the accused person committed the crime(s) for which they have been
charged. For a criminal conviction, the prosecution bears the onus of proving beyond a reasonable doubt, that the accused had committed the
crime for which they are being tried, and that there was no legal defense available to exonerate them. Example : In Canada, depending on the
particular issue at play, the burden of proof will be different. For example, if the specific issue in question is whether a jury should be advised to
consider a particular legal defense available to the accused, the burden would be on the accused to have put forward evidence that would give such a
defense an "air of reality" (a considerably lower threshold). A more problematic judgment by the Supreme Court of Canada also established a balance
of probabilities was the relevant burden of proof for part of the threshold to determine non–insane automatism as a defense to a murder charge. Who has
the burden of

Criminal Law
Extract from the 3rd Edition of Lacey, Wells and Quick, Reconstructing Criminal Law (CUP 2003) Chapter 4 II.a.i. The History of Theft William
Blackstone's Commentaries, written in the middle of the eighteenth century, represent one of the first systematic expositions of the common law. His
volume on criminal offences included a substantial section on 'offences against private property': William Blackstone, Commentaries on the Laws of
England 1765 Vol. IV p.230 'Simple larciny then is the 'felonious taking, and carrying away, of the personal goods of another'. This offence certainly
commenced then, whenever it was, that the bounds of property, or laws of meum and tuum, were established. How far such an offence can exist in a
...show more content...
Whilst the accounts provided by writers such as Quinney and Hall (see below) represent these changes as driven by social and economic factors,
Fletcher's explanation is rooted in the logic of legal forms themselves. Fletcher rejects both the idea that the development of theft is a question of
historical accident and the idea that it is a matter of historical determinism – primarily a product of social and economic conditions. These factors
certainly have a place in his story, but his account shows how those broader influences are filtered through a set of legal forms which have their own
internal logic. To explore these competing legal and social explanations, and their implications for the modern criminal law, it is worth examining the
law of larceny in a little more detail. In Blackstone's time, as we have seen, the essence of larceny was a taking. In other words, the consent of the
owner had to be wanting; and there had to be a taking from possession – someone legally in possession could thus not be a thief. This meant that
uncertainties in the law of possession, and in particular about the line between possession and mere use or custody, were of central importance in the
law of larceny. For example, was a domestic servant in possession

Criminal Law Foundations Essay examples
Criminal Law Foundations
Megan Ray
CJA/484
April 7, 2012
Terri Madison
Criminal Law Foundations
Every system has a foundation that it builds off of even the criminal justice system. America finds governmental and legal foundations within the
Constitution and the Bill of Rights; as time has gone by there have been amendments added to these important documents. These amendments help to
support the constitution as well as the Bill of Rights. The Amendments make articles within the Constitution and the Bill of Rights clearer or have
modernized the rights making them more relevant to modern times. This paper will discuss the 4th, 5th, and 6th Amendments and how they are
relevant to criminal law in not only adult court but...show more content...
A person would not be allowed a lawyer for their defense; in essence the criminal justice system would never have evolved in to the system that it is
today. These Amendments have to be upheld by the courts judges and it is thejudge's job to ensure that the rights afforded to the defendant are upheld
at all times. This is even more so in a juvenile court as juveniles are still tender in age and may not completely understand what is going on or the
ramifications of the crime that they have committed. These Amendments ensure that the rights of all people young and old are protected during the
course of their criminal cases. The daily operations of the criminal courts are designed to ensure that the rights of the people are upheld. This is done
through various rules and procedures, for example: As the evidence is presented in court and submitted as exhibits the judge will review the case and
ensure that the evidence is relevant, collected properly and handled through a chain of custody. This ensures that the evidence is properly acquired
and remains untainted, if it is not properly handled or the chain of custody is broken then it is inadmissible and the judge will not allow it in court.
For any reason if these procedures and rules are not followed then the defendant may appeal the case claiming that their rights were violated. If this is

Criminal Liability Essay
Criminal Liability "In a just society criminal liability should never be imposed without some degree of blameworthiness" Offences of strict liability
are those, which do not require any mens rea with regards to at least one or more of the actus rea. The mens rea usually requires intention and or
recklessness. However some crimes are possible to commit without any knowledge, intention or responsibility on behalf of the defendant. Therefore the
primary issue is should these defendants be guilty and held liable for these crimes under strict liability. In Gammon (Hong Kong) ltd v Attorney
General (Hong...show more content...
Even with offences surrounding issues of social concern mens rea is still expected unless it can be argued that by making a person liable through
strict liability would increase the vigilance of others to prevent the commission of the prohibited act. Strict liability is a delicate area for many
judges and disagreement lies as to whether there needs to be some sort of reform, the argument can be debated as follows; Strict liability allows a
prosecution to be brought in many difficult cases as it is very difficult in some cases to prove any form of mens rea and in order to maintain standards
the courts sometimes have to resort to delegated principles. The Privy Council said that as well as keeping high standards strict liability can be
necessary 'to encourage greater vigilance to prevent the commission of the prohibited act". Food manufacturer, builders, doctors must realise they have
to keep to the highest standards or face possible prosecution. Therefore strict liability is acting as more of a deterrent and warning for others than a
punishment for the defendants, who may not themselves, have committed an offence. Using strict liability as a deterrent for other people and making
the general public more attentive may help to stop similar incidents occurring in the

Questions concerning criminal law Essay
questions concerning criminal justice and safety
Questions Concerning Criminal Justice and Safety
i. What are the specific aims & purposes of the criminal law? To what extent does the criminal law control behaviour? Do you believe that the law is
too restrictive or not restrictive enough?
The specific aims and purposes of criminal law is to punish criminals, and prevent people from becoming future criminals by using deterrence. "Having
a criminal justice system that imposes liability and punishment for violations deter." (Paul H. Robinson, John M. Darley, Does Criminal Law Deter? A
Behavioural Science Investigation, Oxford Journal of Legal studies, volume 24, No. 2 (2004), pp. 173–205). Criminal law...show more content...
When males are 20–25 years old, the highest category for committing a crime, they have no other ways to show females how manly they are other
then fighting and committing crimes. I think the reason why older males don't commit more crimes compared to the younger generation is because
older folk have other ways to show their manliness like their job, how much money they have, or the kind of car that they drive. That being said
crime has nothing to do with biology, but it comes down to men trying to show how powerful they are in an attempt to "woo" a female. Concerning
the fact that males and females sharing the same environment but males being "more violent", I think the reason is because males aren't as protected
as females are. During high school kids always hear about fathers or brothers who will protect their child or sibling from anyone that hurts them in any
way. You never hear a sister or a mother saying that about their
questions concerning criminal justice and safety son. (Introduction to Criminology, Lecture 3, September 23, 2013, Professor Jan Stanners.) So
another factor about females being less aggressive is the fact that they are protected more and almost restricted from certain things because more
people worry about girls then boys. Studies are also showing that women's crime rates are increasing quite noticeably while males are slowly dropping.
I think this is because since the 1950–80's women's

Criminal Law 101
The differences between legal rules and other kinds of rules is that criminal law refers to the consequences associated with breaking them. As the
substantive law meaning that it is the law of crimes, referring that Criminal law is the code conduct that all in the society need to follow the rule, and
the prohibitions on murder, assault, and burglary. Meaning that if an individual violates or commits these crimes they are going to be treated as a
criminal by punishing act from the state. Civil law is refers to procedural law to follow the rule of the state from someone that has committed a crime.
Which it is divided into 5 categories, for example torts, property, contract, family, and juvenile law.
2)Give one or two examples of how changing values and/or technology have led to changes in the law. Technology such as the cameras thatpolice
officers had on their uniform is a way of protection to themselves and the civilians in a situation, where a problem or crime scene it happened at that
moment. Meaning that it is a way to record a evidence that it can be use in the court, that can be one example of how changing the values or
technology have led to changes in the law.
3)Do you believe that "ruling class" (decide for...show more content...
I would say I preferred lived under a brutal dictator such as Hitler, Stalin, or Saddam Hussein than suffer the chaos of society without any kind of law.
Because under the power of a brutal dictator we still have some type or rules to follow, that if you follow the law you will lived in one way or the other
with peace. Instead of living under a chaos of a society without law, it would be so hard to lived and peace and not to be dead. Because in this situation
you can do any type of robbery, rape someone, and kill anyone in the street, so for this reason I preferred lived under a brutal

Criminal Law Vs. Private Law
Criminal Law vs. Private Law
The Rule of Law, as expressed through Canadian criminal law is important as our laws embody the basic moral values of society. The primary aims
of criminal law are to protect the public and preserve peace (Barnhorst & Barnhorst, 2013). Law also imposes limits on our actions and guides our
choices in conduct. The conditions of the Rule of Law ensure that no individual, government or parliament is treated as above the law, and that
everyone must obey the law or they must suffer the consequences. The primary reason that criminal law is necessary, rather than governing individual
behaviour through private law, is because committing a criminal offence is seen as committing a crime against society as a whole rather than an
individual. The protection and punishment of the offender should be proportionate to the offence committed and all Canadian courts should attempt to
administer punishment to offenders using a Canada wide set of laws which are based on similar cases that occurred in the past, rather than private
laws in order to avoid bias in different jurisdictions and areas of Canada. "Citizens of countries that do not adhere to recognize the rule of law are often
unable to stand up against the government or other powerful interests without fear or attack and there are often reports of human rights violations" (The
Law Society of British Columbia, 2013). A country that is not governed by the rule of law would result in laws and court proceedings

The Purpose of Criminal Law
Laws serve several purposes in the criminal justice system. The main purpose of criminal law is to protect, serve, and limit human actions and to help
guide human conduct. Also, laws provide penalties and punishment against those who are guilty of committing crimes against property or persons. In
the modern world, there are three choices in dealing with criminals' namely criminal punishment, private action and executive control. Although both
private action and executive control are advantageous in terms of costs and speed, they present big dangers that discourage their use unless in
exceptional situations. The second purpose of criminal law is to punish the offender. Punishing the offender is the most important purpose of criminal
law...show more content...
On the other hand, positive law is forced by the government for everyone to obey. In order for the law to be a positive law it must be formed and
applied so that it is acceptable by most people .Common law is geared toward custom and usage for instance, nonstatutory customs, ways of life and
examples that help steer the decisions of the judicial system The purpose of criminal law is to catch those individual's that break the law and may harm
other people. Not only does criminal law show individuals what they have done wrong but it also states what the punishment will be if the law is
broken. Criminal law not only punishes the accused but it also offers protection through the judicial system that punishes and controls (http:/
/www.hg.org/crime.html, 2012).
The U.S. Constitution and state constitutions are written sources of American criminal law. They are the supreme law. The U.S. Constitution is the
law of this country and the state constitutions are the supreme law of the state. Another written source of American criminal law is the statutes passed
by Congress and state legislatures. The statutes refer to the conduct that is expected of the general public in near future. Administrative Agency
Regulations along with the Case Law are other forms of written American criminal law. Administrative

2.3 Conclusion:
The aim of criminal law is to protect the rights of the individuals and to safeguard the weak against the strong, law abiding against lawless and peaceful
against violent. The state has prescribed certain rules of conduct, sanctions for their violations and machinery to enforce sanctions and procedure to
protect that machinery.
"If men were angels no government would be necessary." ––– James Madison.
Hence, it is the primary function of the government to protect the basic rights to life and property. There can be no liberty if no protection of the basic
rights of the citizens by the government is...show more content...
Right to Life and Personal Liberty. People of India have become more receptive to quick, fair and affordable justice. The entire existence of the orderly
society depends upon sound and efficient functioning of the Criminal Justice System. It is rightly said that "Justice delayed is Justice denied".
Whether a guilty person is exonerated or an innocent is punished or there is an enormous delay in deciding the case, quality of justice suffers in all
these cases. Since the objections of the criminal justice system are not codified anywhere, hence they can be just inferred from different statutes. Every
democratic country aims at providing maximum sense of security to the people at large by dealing with crimes and criminals effectively and legally.
Our criminal justice system aims at reducing the level of criminality in the society by ensuring maximum detection of the reported crimes, convictions
of accused persons without delay and to meet the ends of justice.
India inherited the adversarial system of common law from the British Colonial Rulers and the criminal justice system of India is followed on the
same track. In adversarial system truth is supposed to emerge from the respective versions of the facts presented by prosecution and the defence before
a neutral judge. The term вЂ•neutral judge is emphasized here because in adversarial system there is no positive duty on the judge to

Criminal Law, Questions and Answers
1Introduction
Restorative justice as a whole is not gaining support in South Africa as the majority of our country is in favour of the punitive system in order to
combat the high levels of crime. However, there are several areas of criminal law that has received increasing support for restorative justice as opposed
to our current system, such as when dealing with youth offenders. Despite the harsh criticism of restorative justice, it has received judicial recognition
in a number of cases recently.
2Punishment
Punishment is one of the most important features of the criminal process. Regardless of which punishment theory is being used, one must always
consider the following triad: 1. the seriousness of the crime, 2. the interests of society, and 3. the accused's personal circumstances. It is also crucial to
take the outrage of the public into account. Punishments should not only deter the individual from re–offending but should also deter like–minded
people from committing the same offence. Sentences should always be humane and balanced. It is always imperative that the degree of punishment is
in proportion to the crime that has been committed.
3Absolute Theory
The concept of the absolute theory is that the offender has a debt that (s)he has to pay towards society and punishment settles that debt. By being
punished, the two scales of justice are balanced once again. According to this theory, punishment should express the community's disapproval and
revulsion of the

Criminal Law Essay

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