Legal Characteristics of a Crime Essays

Legal Characteristics of a Crime Essays Legal Characteristics of a Crime Essay Legal Characteristics of a Crime Essay Legal Characteristics of a crime are: -There must be a failure to act (an omission) which breaks the law. -The act or omission must be seen harmful to the whole community. Summary Offences – are those heard and decided by a magistrate sitting without a jury. They are relatively minor and include motor traffic offences and offensive behaviour. Indictable Offences- are serious criminal offences and may be heard by a judge or jury. They include murder, sexual assault and malicious wounding. The federal government legislates for some criminal offences such as tax evasion, social security fraud and importation of illegal drugs. However most criminal law is state law. Criminal law is found in both common and statute law. Common law still covers many areas of criminal law, for example, conspiracy, and the courts play a major role in interpret ting statutes. The major statute in Australia is the Crimes Act 1900 (NSW) which lists offences and prescribes maximum penalties. Other statutes include the Summary offences Act 1988 (NSW) which mostly deals with public order offences and the Drug Misuse and Trafficking Act 1985 (NSW) which covers drug offences. Elements of a crime. -Actus Reus is the guilty act. This is the voluntary commission of an act, or voluntary omission of a duty that breaks the law. The important features of the actus reus are: -The act or omission actually took place -It was done by the accused person -That it was voluntary. If a person have a muscular spasm and hit someone during that spasm, they would not be acting voluntarily and therefore the actus reus could not be proved. -Mens Rea is the guilty mind, this means that the person must have committed the act or omission with the intention to do so recklessly or with gross negligence. This shows that the actus reus must have been committed by a person with one of the following states of mind: -The intention or specific desire to commit the act or omit the duty. -Recklessness – the person could foresee the probability of harm, but acted anyway. -Negligence – person failed to exercise the degree of care. Causation: The act or omission must have caused the specific injury complained of. The principle of causation mainly applies in murder and manslaughter charges. In these cases, if the accused had the mens rea and the actus reus to to commit the murder, but the victims death resulted from other means, then the offence of murder is not proved. In Blaue v R (1975) WLR, the victim was stabbed and upon reaching the hospital refused a blood transfusion, because of her religious beliefs as a Jehovah’s witness. The victim died as a result of refusing the treatment. The accused was convicted of murder for the stabbing, because the stabbing was and ‘operative and substantial’ cause of death. Issues and Remedies Education about why laws are established, how they function and why certain acts are illegal is one of the best crime prevention techniques and should begin in early childhood and continue throughout life. The morals and ethics of certain groups in society might make crime education difficult. Social and economic disadvantage might also make it difficult for people to break a cycle of crime through education. Regulation can also prevent crime. This means that because society has made an action illegal, for example, stealing, that members of society will not steal. Regulations of actions are established by common and statue law and are enforced by the police and the court system. In this way, social order is maintained. Coercion is crime that can be prevented through force. If you steal a car in NSW, then police and the legal system will enforce the law that you are breaking. You will be punished and you would be aware of this before you steal a car. Crime Prevention Social Crime Prevention-Crime can be prevented by changing the social factors which cause people to be criminals. Some criminals come from low socio-economic, minority or disadvantaged backgrounds and may have been surrounded by crime from a young age so that the differential theory comes into play. It is argued that the best crime prevention is through education, employment and a viable social security system. To truly prevent crime, the social causes of a cycle of crime should be broken. Situational Crime prevention –Situations where crime could occur are legislated upon or avoided. For example, parents may stop their children from going to a party where a criminal matter could occur.

Loonie Talks essays

Loonie Talks essays For many Canadians the value of the Loonie is a sensitive subject; the ever rising and falling of the dollar effects the everyday lives of Canadians. The value of the Loonie is like any other currency and rises and falls with global trends, yet, the largest economic trend to influence the Loonie is that of the United States. With a lower Loonie value against the US dollar Canadas exports become more appealing to foreign investors, this theory has been influential and exercised in recent Canadian governmental history. A strong Loonie is also good for the Canadian government as it encourages foreign investment and is much more lucrative for importers. The everyday lives of average Canadians, not just those involved in world economic systems directly, are influenced, changed and shaped by the value of their dollar: the Loonie. The Canadian economic system is influenced drastically by the cycles of the American system; the US cycles help set the future path for the Loonie and its users. Canada and the United States are the only G7 nations in the Americas this fact isolates these two countries and ties them closely together economically. With the United States being such a super-power within global markets Canada is forced to take a back seat and follow the cycles of its neighbors to the south. Whether the Loonie is strong or weak against the US dollar both a positive and negative effect are simultaneously taking place on the lives of Canadians. The value of the Canadian versus the US dollar also influences the personal lives of Canadians; the value of the dollar determines luxuries such as travel, retirement and even the consumption of foreign goods. The ever fluctuating Loonie value has its pros and cons for all Canadians. A lower Canadian dollar visvis the US dollar makes products manufactured in Canada relatively cheaper for foreign buyers and makes Canada a major competitor in the global market. This relatively simpl...

The Moral Instinct Essay Example | Topics and Well Written Essays - 1750 words

The Moral Instinct - Essay Example However, the author points out that there are no clear avenues of reasoning and rationalization of the moral behaviors as different societies have different views concerning behavior, as much as people know that some behaviors are wrong and does not meet the standards of morality in the society, others don’t understand and can not justify them in this case. The article further elaborated on the different genealogy which also influences our moral behavior in the society as they were ranked depending on the perceived consequences that are likely to be displayed. The above concepts will be the key focusing point in this essay. Concepts/Claims The author argues that morality is universal having experienced a number of situations for its justification. He states that people are born with universal grammar, which makes them understand the speech structures without any conscious awareness about the rules in the play. He further states that by analogy, human beings are born with unive rsal grammar of morality which helps in analyzing the human actions in-terms of morality with little awareness (Compley et al 433). In this aspect, the author admits that human beings are born with morality part with them, and it can not be distinguished from them. Anyone who does not want to exercise morality does so because of his or her personal conscious. The author asserts that the moral sense is instinct in the design of the human brain, and it is very difficult to distinguish the morality in us from our everyday behavior. To justify the above concept, the author collected a list of universally accepted moral concepts and emotions. The collected moral concepts included distinctions between right and wrong, empathy, fairness, prosecution of murder, rape, admiration of generosity, shame taboos and sanction from wronging the community. The findings reveal that people are emotionally attached to the moral behaviors. The morality concepts start in early childhood as toddlers help t heir fellow by giving them toys and also comforting distressed persons. A four year old school going knows very well the dressing codes required in school and the dangers of hitting a fellow for whatever reason. The interviewed school children had the same response in regards to morality from the asked questions. From the above result from research conducted, morality is instinct and people are born with it making it universal phenomenon that everyone has to practice. Similarly, children are nurtured with morality when it is reinforced in them since it will stick and be part of them despite the external factors which might influence them. The second concept that the author puts forward is that morality is a psychological state of mind that can be put on and off. He argues that when the state is put on, the mind controls our thinking, which latter influences our actions in deciding what is wrong and right. The conscious mind, which is put on brings different hallmarks which are assoc iated with morality as being perceived to be universal. Rape and murder are universally immoral which are accepted in different societies hence universally warranted. Similarly, people feel that those who do wrong or exhibit immoral behaviors should be punished. This is not only to inflict pain on the offenders but also as a show that it is not allowed in the society (Comley et al

CH s 310 - Summary In Your Own Words Essay Example | Topics and Well Written Essays - 250 words

CH s 310 - Summary In Your Own Words - Essay Example The song exists in the album Los Lobos del Este de Los Angeles produced in 1978 by Los Lobos. El Tilingo Lingo epitomizes the approaches, experiences, and attitude of Mexican laborers and farmworkers. The song El Tilingo Lingo Jimenez comprises outstanding lead melodies based on the rhythmic styles of requinteros like uis DelfiƒÂ ­n and Lino ChiƒÂ ¡vez. El Tilingo involves syncopated and vigorous plucking on twin harps and involves profound play of guitar accompanied with five sequences of strings, which adds the appeal to the listeners. The singers appear lively and all through, they show intricate percussive and unique footwork and the instruments. Singer Conjunto Hueyapan seeks to integrate the zapateado into the son both as separate and integral integrity during the performance. In addition, El Tilingo Lingo Jimenez displays colorful and brilliant lead vocals. They help exhibit elegant jarocho singing panache. Thus, the song is an absolute passion and essential constituent of

Explanation of Roper et al's Activity of Living Essay

Explanation of Roper et al's Activity of Living - Essay Example Other underpinning theories including dignity, consent, and privacy shall also be discussed in this paper as they relate to better and effective nursing care. Although not all of Roper’s activities of daily living apply to this case, they shall nevertheless be included for discussion purposes. This paper is being carried out in order to establish a clearer picture and understanding of Roper’s activities of daily living and the impact of disease, disability, and infirmities on such activities. Body The patient is a 55-year old Afro-Caribbean male who was admitted to the hospital after suffering a fall secondary to excessive alcohol intake. He also has Type 2 diabetes as his other co-morbid condition based on his previous medical history. He lives alone after his wife divorced him two and a half years ago. He is also unemployed because he lost his driving license three years ago and has since sought solace in alcohol which he initially thought he could control. Roper†™s Activities of daily living 1. Maintaining a safe environment Maintaining a safe environment is crucial for this patient. Patients who have experienced falls are likely to fall again because of any injuries they may have suffered and any immobility which their fall might have caused (Lord, et.al., 2007). Maintaining a safe environment includes safety precautions which can be made on the home and in the patient’s hospital room. Guard rails on the bed have to be put up, especially in instances where the patient’s mental awareness is low (Miller, 2008). Since the patient is suffering from excessive alcohol intake, the guard rails need to be put up in order to prevent any repeat falls. Maintaining a safe environment also requires the nurses taking on leadership roles in order to maintain and monitor standards which can secure the cleanliness and effective infection control measures (Smith, n.d). The care administered to the patient therefore includes various remedies i ncluding infection control as well as monitoring of patient progress. Maintaining a safe environment for the patient also includes the process of ensuring that the nurses have the sufficient skills and training to care for the patient and administer to his needs (Smith, n.d). Such safe environment also includes working in partnership with health professionals in order to deliver adequate patient care (Smith, n.d). Ensuring a safe environment also includes the process of effective communication with the patient, gaining their consent before interventions are carried out (Department of Health, 2010). Maintaining a safe environment for the patient also involves patient education, teaching the patient about the dangers of alcoholism and any further injuries he may suffer due to his intoxication. It is also important to educate the patient about his disease and the risks he is taking with his alcohol intake (Gonzalez, et.al., 2005). Any injuries he may suffer would also likely take a lon g period of time to heal because of his diabetes. Maintaining his privacy at all times is also part of the safe environment created for the patient, ensuring that he can trust the nurse and his dignity can be respected at all times (Department of Health, 2010). 2. Communication Since the patient is still in the throes of his alcoholic stupor, there is a communication barrier between the nurse and the patient. When he was sober, there were no apparent communication bar

Coursework on sociology Essay Example for Free

Coursework on sociology Essay To be a non-traditional student is not at all an easy decision I made. Having my own family who needs my full time and attention is the biggest consideration I had when I decided to take on-line course. However, my family is also the best encouragement and inspiration I had. The world is taking its fast pace towards globalization and everyone must be able to cope up. The computerization of almost everything requires that everyone must conform to the speed of economic changes. In this world where education is a key to success and progress, everyone must avail of education by any means available. I believe that the best thing I can do is to avail of education while still having time with my family is to take online courses. The decision will affect my social life and the financial status of my family since I will have to allocate time and finances with my studies. The hours I am spending before in personally doing the household chores will now be partly consumed by my studies. The few I hours I am spending before in visiting my friends next door will now be lessened in have time for my studies. (Kindly use the remaining required words in answering the question whether you are studying a technical field) In the absence of on line courses, I may consider having evening or weekend classes. However, evenings are my only time to help my kids in their home works. I do not want to sacrifice weekends either because I strictly set these days as family and church days. So the best thing for me is to choose timeslots that will best fit school hours when my children are in school which online courses offered. Question 2 English is undoubtedly the world’s widely accepted language as it is the required language for everyone to communicate globally. It is therefore important that everyone be able to have the opportunity to learn Standard English in order to cope up with the fast changing world especially that the world is pushing through globalization. I believe that even the students in the rural areas can compete globally. However, it is impossible for them to do it if they cannot meet the standards of the global arena expressed in Standard English. I believe that with this need, a child needs to learn English even before he go to a formal school. This does not however mean that local dialects are to be set aside and be forgotten. While English has been set as the official language of Kentucky in 1984, I believe that their local dialects as well as that of African-American who speak Ebonics must still be practiced. â€Å"Teachers should be given every possible tool to reach our children† (L. L. Rush). Even in school premises, it is important that students be able to freely express themselves which can only be possible when they speak in their dialects. But in order for them to cope up with the global standard, they are to strive hard in learning Standard English. Even the government of Kentucky is doing steps in order to assure that the students get the minimum skills required in English and Mathematics (V. Honawar). China, being the host in the 2008 Olympics is requiring its people to learn English in preparation of the event. The best way to learn is to practice and that is what every child in Kentucky and the rest of the world must do. This way, their confidence in facing the world will be better build up which will be their instrument in achieving success whether educational or economic success. Question 3 Robert William’s list of values have been created in 1970, that was more than three decades ago. The world has changed a lot, and so are the American’s perspectives, priorities and moral standards. As a contemporary American, morality and family are the values that are of the highest importance to me. With the fast changing world, I value education in order for me to cope up with the success and progress of the world. In order for me to do this, I need to avail of the freedom and equality that the American government offers. All of my current efforts are for my family and I owe all of what I have now from God. With reference to William’s list, I think that the importance of protecting the family is the value that he had missed. As I browsed on the websites providing lists and information on the American values, I was impressed with the survey results made by the Roper Poll Corporation revealing that protecting the family is the first in the list of values that Americans consider as important. The other values in William’s list still appear to be the same important values for Americans although there is a noticeable change in their sequence. I believe that because America has already been progressive, the value of success, achievement and progress are no longer on top of the list. Most of the websites I browsed agreed on the order of the values but are contrary to William’s list in the sense that family is not included in the latter’s list. Also, achievement and success are no longer on top of the values prioritized by modern Americans. I believe that my list of values will differ with that of the other students in a way that family and morality, including faith are on top of my list. I am assuming that majority of the students will conform with the latest survey of which family is on top but religiosity and morality at the 8th and 9th spots out of ten values. WORKS CITED Crawford, James. â€Å"Issues in U. S. Language Policy†. Retrieved on June 23, 207 from http://ourworld. compuserve. com/homepages/JWCRAWFORD/langleg. htm Grass, Gunter. â€Å"The US Betrays its Core Values†. The Los Angeles Times. April 07, 2003. Retrieved on June 23, 2007 from http://www. commondreams. org/views03/0407-05. htm Grouling, Thomas E. â€Å"American Values†. â€Å"Common Questions: Uniquely American Questions†. Retrieved on June 23, 2004 from http://www. americanhospitals. com/questions/american/amervalues. htm 06/23/07 Honawar, Vaishali. â€Å"Kentucky Seeks to Improve College Readiness†. Retrieved on June 23, 2007 from http://www. edweek. org/ew/articles/2004/11/17/12ky. h24. html Rush, Ladonna Lewis. â€Å"The Ebonics Debate†. Retrieved on June 23, 2007 from http://www. princeton. edu/~browning/news/rush. html The American Demographic Magazine. October 2000 issue â€Å"American Values: Overview†. Retrieved on June 22, 2007 from http://www. orednet. org/~jflory/205/day_val_overview. htm

The Painting Essay -- Observation Essay

The Painting "A picture can paint a thousand words." I found the one picture in my mind that does paint a thousand words and more. It was a couple of weeks ago when I saw this picture in the writing center; the writing center is part of State College. The beautiful colors caught my eye. I was so enchanted by the painting, I lost the group I was with. When I heard about the observation essay, where we have to write about a person or thing in the city that catches your eye. I knew right away that I wanted to write about the painting. I don’t know why, but I felt that the painting was describing the way I felt at that moment. When I first looked at the picture, it looked like there were only two colors green and blue. When I got closer to the picture I noticed there were many other colors used. I loved the way the colors were mixed into each other where you have to really look at the picture to see the colors. The other colors, other then green and blue, were pink, white, orange, red, and yellow. There were also different shades of green and blue. There was only one solid color in the picture; it was black. The painting was of a river flowing from a lake, surrounded by very tall grass. On each side of the river there are people standing. What was interesting is they were painted all black. They looked like shaded figures. They were all shaped differently but you can tell they were all men. On the top left side of the river there were five men. On the right bottom side of the river there were four men. On each side it looked as though the men were trying to cross over to the other side. They looked tired and scared. It looked as though they were hiding, and getting across the river was the only way to get to that safe haven. ... ...at I get from the painting is that the men are getting a mirror image of them self’s, that makes them see what they are afraid of. In turn when I see the painting it allows me to see my fears. I felt that my fears changed with in two days of being in the program. I loved meeting new people and having new teachers. To me the painting is a way of showing you what everyone else is seeing. That the painter had the men looking right at each other so they can see themselves running away. In turn I got to see myself doing the same thing and was able to change because of it. When other people look at the painting they probably see something else. That is why I choose to do the painting, it gives you the choice too interpret it any way you see fit. Or it can just be a beautiful painting to look at, but the painting was so much more to me. It painted a thousand words for me. The Painting Essay -- Observation Essay The Painting "A picture can paint a thousand words." I found the one picture in my mind that does paint a thousand words and more. It was a couple of weeks ago when I saw this picture in the writing center; the writing center is part of State College. The beautiful colors caught my eye. I was so enchanted by the painting, I lost the group I was with. When I heard about the observation essay, where we have to write about a person or thing in the city that catches your eye. I knew right away that I wanted to write about the painting. I don’t know why, but I felt that the painting was describing the way I felt at that moment. When I first looked at the picture, it looked like there were only two colors green and blue. When I got closer to the picture I noticed there were many other colors used. I loved the way the colors were mixed into each other where you have to really look at the picture to see the colors. The other colors, other then green and blue, were pink, white, orange, red, and yellow. There were also different shades of green and blue. There was only one solid color in the picture; it was black. The painting was of a river flowing from a lake, surrounded by very tall grass. On each side of the river there are people standing. What was interesting is they were painted all black. They looked like shaded figures. They were all shaped differently but you can tell they were all men. On the top left side of the river there were five men. On the right bottom side of the river there were four men. On each side it looked as though the men were trying to cross over to the other side. They looked tired and scared. It looked as though they were hiding, and getting across the river was the only way to get to that safe haven. ... ...at I get from the painting is that the men are getting a mirror image of them self’s, that makes them see what they are afraid of. In turn when I see the painting it allows me to see my fears. I felt that my fears changed with in two days of being in the program. I loved meeting new people and having new teachers. To me the painting is a way of showing you what everyone else is seeing. That the painter had the men looking right at each other so they can see themselves running away. In turn I got to see myself doing the same thing and was able to change because of it. When other people look at the painting they probably see something else. That is why I choose to do the painting, it gives you the choice too interpret it any way you see fit. Or it can just be a beautiful painting to look at, but the painting was so much more to me. It painted a thousand words for me.