This document discusses the four main theories of criminal justice: deterrent, retributive, preventive, and reformative. The deterrent theory aims to deter both the wrongdoer and others from committing crimes through punishments like the death penalty or property forfeiture. The retributive theory believes the wrongdoer should suffer harm equal to what the victim suffered, to prevent future crimes out of fear of retribution. The preventive theory uses punishments like imprisonment or fines to disable offenders from repeating crimes. Finally, the reformative theory focuses on reforming criminals through mental treatment rather than punishment, exemplified by juvenile justice systems and probation. The document also notes there is no uniform approach to punishment and judges have discretion to
This ppt gives a structured answer as to the elements of crime and its application in the Indian Penal Code (IPC) 1860. It describes how the different sections of IPC are based on the 4 elements of crime i.e. human being, mens rea, actus reus and injury along with cases.
This ppt gives a structured answer as to the elements of crime and its application in the Indian Penal Code (IPC) 1860. It describes how the different sections of IPC are based on the 4 elements of crime i.e. human being, mens rea, actus reus and injury along with cases.
General Exceptions in Indian Penal Code from section 76 to 106 are exception to general principles of criminal law and criminal law are subject to such exceptions. Right to private defense is also discussed in the instant presentation
this presentation includes the meaning and definition of jurisprudence .
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General Exceptions in Indian Penal Code from section 76 to 106 are exception to general principles of criminal law and criminal law are subject to such exceptions. Right to private defense is also discussed in the instant presentation
this presentation includes the meaning and definition of jurisprudence .
this presentation is in powerpoint form
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Best Accounts receivables management Law firm in Dubai | top Law Firm Account...Alqada ae
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CASE INFORMATIONFind a court case where the company indicated t.docxcowinhelen
CASE INFORMATION:
Find a court case where the company indicated they were surprised the employee charged was a fraudster (use the *KU library (Westlaw) to find the court case).
ANALYSIS REQUIREMENTS:
Based on your readings, literature, and/or the Fraud Examiners Manual analyze the case and include the following in your discussion:
What type of fraud schemes took place in this case?
Analyze the internal controls of this company for "red flags".
Identity why you think the company did not suspect this person was a fraudster and what policies would you put in place for this company to stop this fraud in the future?
WRITING REQUIREMENTS:
· 3-5 pages (not including title page, abstract, or reference page)
· Proper APA format
· Minimum of 3 scholarly sources (not including your textbook)
GRADING REQUIREMENTS:
Click on link to view grading requirements
AUGHT IN THE CROSSFIRE: THE (SUPPOSEDLY) INNOCENT ATTORNEYS WHO REPRESENT ACCUSED FRAUDSTERS
Editor's Note:This article is the second in a series calling for a more aggressive response to bankruptcy and other fraud. The first in the series was initially published in the May 2009 issue, entitled “A Call to Arms: A Bankruptcy Fraud Superfund.”
In law school, we were taught that when representing a person accused of committing a crime, we're never to ask, “did you do it?” From “innocent until proven guilty” to “representation for all,” the axiom was not to know whether the client “did it,” but instead to protect the rights of the accused, even if they did do it. While this ideology is arguably consistent with the will of our forefathers, recall that the context is criminal defense. What's more, the ideology is not without obvious limits in its application, criminally or civilly. Based on my personal experience, many civil lawyers honor the principle of “don't ask, don't tell” to an extreme--and in so doing, have exceeded the limits and crossed the boundary line of ethical conduct.
Before digging too deep into the ethics, though, let's consider a particular criminal defense attorney. The case was an involuntary bankruptcy under §303, and my creditor client successfully obtained the appointment of a gap trustee, more elusive than The Loch Ness Monster herself. The gap trustee and my client then secured an ex parte order for an unannounced inspection of the target's offices. After forcing the target and his staff out the door for a spell, the target hurriedly brought in both bankruptcy and criminal defense counsel. At the conclusion of the hearing that resulted in the denial of a motion to reconsider the judge's order to allow the inspection, the just-hired criminal defense counsel quipped in the hallway outside the courtroom, “sheesh, I guess you guys don't have due process in bankruptcy courts.”
Well, yes, as a matter of fact we do, but when counsel starts going on about how innocent his client is, how we're “making a big mistake” because his client has no money and that.
It has been decided by a District Court Judge in Colorado that Private Investigators have NO ethics requirements because we are not licensed.
Concerning private investigators and ethics in Colorado, “… there is no ethical code that can be established.”
Wrong!
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WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
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Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
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2. 2
IS A PENALTY IMPOSED ON AN OFFENDOR FOR A CRIME OR
ANY WRONGDOING.
THE ENDS OF CRIMINAL JUSTICE ARE FOUR IN NUMBER IN RESPECT OF
PURPOSES SERVED BY THEM. THEY ARE:
DETERRENT
THEORY
RETRIBUTIVE
THEORY
PREVENTIVE
THEORY
REFORMATIVE
THEORY
3. 3
“ TO DETER” IN LITERAL SENSE MEANS TO ABSTAIN FROM DOING AN ACT.
THE OBJECT IS NOT TO PREVENT THE WRONGDOER
FROM DOING THE WRONG ACT A SECOND TIME BUT
ALSO TO MAKE HIM AN EXAMPLE TO OTHERS.
FOR EXAMPLE –:
-DEATH PENALTY
- FORFEITURE OF WRONGDOER’S
PROPERTY
4. 4
“ RETRIBUTIVE ” IN LITERAL SENSE MEANS PUNITIVE, PAYBACK OR RETURN TO.
THE WRONGDOER SUFFERS THE SAME
QUALITY OF HARM AND INJURY WHICH
THE VICTIM SUFFERED. THUS, THE
WRONGDOER DOESN’T COMMITS THE
CRIME AGAIN WITH FEAR OF
RETRIBUTION.
FOR EXAMPLE:
RIGHT OF SELF-DEFENCE
5. 5
OFFENDERS ARE DISABLED FROM
REPEATING THE SAME CRIME BY
AWARDING PUNISHMENTS.
FOR EXAMPLE-
- ALL PENAL LAWS
- IMPRISONMENT
- FINE
- CANCELLATION OF LICENSE ETC.
6. 6
THE MAIN PURPOSE IS REFORMATION OF THE
CRIMINAL. THUS, IT WORKS ON MENTAL CURE
OF THE OFFENDORS RATHER THAN AWARDING
PUNISHMENTS.
FOR EXAMPLE-
- JUVENILE JUSTICE SYSTEMS
- PROBATION OF OFFENDORS
- OPEN PRISONS
- LUNATIC OFFENDERS GIVEN TREATMENT
WITHOUT SENDING THEM TO PRISONS ETC.
7. 7
• JUSTIFICATION OF PUNISHMENT POSSESSES ONE OF THE MOST DIFFICULT JURISPRUDENTIAL
ISSUE.
• SEC 153 OF IPC NAMES DIFFERENT KINDS OF PUNISHMENT BUT DOESN’T MENTIONS THE
OBJECT OF SAME WHICH DEPENDS ON THEORY OF PUNISHMENT. ALSO, SEC 360 OF Cr.P.C
GIVES POWER TO COURT WHILE DECIDING PUNISHMENT TO YOUNG OFFENDORS.
• THERE IS NO UNIFORMITY AS THERE IS ONLY MENTION OF MAXIMUM PUNISHMENT IN
STATUTES, REST IS LEFT TO THE JUDGES DISCRETION.
• IN DR. JACOB GEORGE V. STATE OF KERALA , SC HELD THAT PREFERRING ONE THEORY
OVER ANOTHER IS NOT A SOUND POLICY OF PUNISHMENT. EACH THEORY SHOULD BE
USED INDEPENDENTLY OR EVEN COMBINED DEPENDING ON THE MERITS OF THE CASE.
8. 8
ALL THE THEORIES EXPLAIN THE IMPOSITION OF PUNISHMENT IN THEIR OWN THINKING. EACH
THEORY HAVE ITS MERITS AND DEMERITS.
