Essays on Criminal Responsibility

International Criminal Law

Question 1 A. There are several modes of the liability that are used for the determination of the liability of the person prosecuted for the international crime. Given the merits of the case in question, the prime minister of Sanchista should be liable for the order issued in reference to the Nisum Campaign. The provisions of the ICTY are designed in the manner so that to address all criminal offences that are committed by the state bodies and relevant executives in the prosecution of particular persons. The article 6 of the ICTY defines that committing of the criminal actions ...

The “Son of Sam” Case

The Nature and Type of Defenses Used The main type of defense that was used in this case is the insanity defense. The insanity defense is a common-law excusatory defense under which a defendant in a criminal case asks the court to excuse them from criminal responsibility for their conduct. According to Math, Kumar, and Moirangthem (2015), the insanity defense rides on the assumption that at the material time, the accused person was ailing from a mental illness making them incapable of differentiating right from wrong behavior or appreciating the nature of the crime. The test for establishing the ...

The actual implementation of the rights and freedoms of the individual as the highest social value is possible only when the most important task is to use the apparatuses of the state to guarantee freedom – freedom of personality, freedom of enterprise, freedom of developing institutions of civil society, building a strong state, which is unthinkable without respect for the rights and freedoms of man and where the only one dictatorship is the dictatorship of the Law. (Joyce, 2013) It is well known the importance of criminal justice in protecting individual freedom and human rights, protection of free enterprise and ...

1. Compliance breach literally means the act of breaking accordance with the request, obedience or indication, or any internal or external requirements or standards. By compliance itself, one means a part of control, or monitoring system in the organization, associated with non-compliance risk, compliance with legal requirements, regulations, rules and standards of oversight bodies, industry associations and self-regulatory organizations, codes of conduct, and other institutions (American Health Information Management Association). As a result, compliance breach may ultimately lead to the application of legal sanctions or regulatory sanctions, financial or reputational loss, changing regulations and generally accepted standards. Compliance breach ...

Psychological testing was developed to examine the cognitive and behavioral aspects of a patient. A variety of tests have been created to evaluate the individual to determine either the diagnosis of the individual or simply to attain an assessment or evaluation of the individual. Each test discussed below can provide advantages to the forensic setting. The validity and reliability of these tests have been extensively evaluated and are discussed. 1. Mental Status Exam The Mental Status Exam (“MSE”) is used to evaluate a patient’s mental functions and behaviors. The MSE was created as a tool for clinical psychologists ...

The forensic assessments of criminal responsibility are necessary to focus on a defendant's actions and mental condition that may have occurred few days, months, or even years ago. In a normal case, a person after a certain age is responsible for his criminal actions of he is not affected by psychological illness. Therefore, the forensic panel of psychiatrist conduct test under specific standardized conditions. It should be noted that the Victorian legislation is one of those which allows the assessment of mental impairment to be done by psychologists. However, some courts are not considering it as an authentic solution ...

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Introduction In the United Kingdom, the Youth Justice Board is responsible for overseeing the youth justice system in the country. According to the law, children and adolescents (10-17 years of age) are subjected to custody if found involved in criminal activities. Violence and theft are the most common crimes for which juvenile offenders are convicted. As far as the major purpose of the youth justice system in UK is concerned, it is to make sure that the young offenders are managed properly. It needs to be mentioned here that the UK youth justice system stresses on ...

Introduction

No form of punishment engenders more controversy than the death penalty. Although capital punishment has been used since ancient times, its modern utilization is repeatedly called into question. The United States stands alone among Western world counterparts in its continued use of the death penalty. Among the international community, the general trend largely reflects a discontinuance of capital punishment. For instance, member states of the European Union have all abolished the death penalty (Shin, 2007, p. 505). Given the overwhelming number of nations that have since abolished the death penalty, it is somewhat surprising that the United States continues ...

Study

Abstract Juvenile transfer laws is one of the most controversial issue on the today’s criminal justice agenda of the United States of America. Thus, the policymakers vehemently argue that the possibility of being tried ‘as an adult’ is an effective general, specific and potential deterrent of juvenile crime. Enacted in the majority of the states, the juvenile transfer laws are thought to be an effective restraint against juvenile recidivism, an effective tool for rehabilitation of the young offenders and a solution, which protects the community against the most dangerous juvenile offenders. Yet, the several studies demonstrated that these ...

In my research paper, I decided to open the concept of judicial protection of the juvenile justice system. However, to understand more the problem and all aspects, firstly, I need to explain what the criminal law is and when it was formed. The Criminal Law of the United States was formed and developed under the influence of English law of the precedents. The USA is federal country, which has federal criminal laws and criminal laws of individual states. These two systems are parallel. The federal criminal laws set only responsible for the crimes that infringe on the security of ...

DISSERTATION CONCLUSION

Introduction We live in a social set up that has revolutionized the way people and citizens of any country are governed by a set of written laws, perceived norms and acceptable culture. A breach of the laws, perceptions and norms of any cultural set up causes outcry for justice for the victims and punishment for the offenders. In medieval times, most such offenses would have invited an execution: there were no police and children witnesses execution to impart the consequences of crime. However, given the development of societal views on negative punishment that only propagates more violence, the systems ...

Abstract

There exist numerous defenses to criminal charges. The defenses are usually used by the persons facing particular charges in a bit to negate the requisites of a crime, especially the aspect of intent. In criminal cases the general rule is that crimes are offences that are usually committed against the government. Every person is usually presumed innocent until the contrary is proved. As such, the burden of proof lies on the government to prove that a crime was committed and that the accused person committed the alleged crime. The prosecution side, which represents the government in a criminal trial, must convince the judge ...

Abstract

The correlation between criminal activity and genetic composition is one of the polarizing issues in criminal justice today. This paper investigates the relevance of using genetic testing in courtrooms for defense and the causation relationships between the genetic composition and criminal behavior. The study conducted a survey on a random sample of 100 participants. The results indicated that most people do not support using genetic testing as defense in criminal procedures. Similarly, many people do not see the causation relationship between the two phenomena. Nevertheless, this research concluded that, following the implications of criminal behavior, and that, most criminal activities such ...

Introduction

In America, the courts have affirmed increased acceptance of psychologist since 1940s. In Canada however, only a physician conduct court ordered assessment of fitness to stand trial and criminal responsibility (Viljoen, Roesch & Zapf, 2003). The traditional trend is changing from reliance on medical personnel to psychologists as it is in America and Australia. Establishment of test for fitness to stand trial was to ensure fair and appropriate treatment for people with mental disorder. Fitness means, one must understand the nature of the charges and legal proceedings and have the ability to communicate with the counsel (Viljoen, Roesch & Zapf, 2003). ...

Abstract

Crime is a problem that has been persistent in society in the past and still is today and will be there in the future. The study of the trends of crime is one aspect that will assist in policy making. The past makes the present and the future. This essay will show how the crime trends have evolved in the past present and their impact in the future. Crime trends are defined as a significant change in the nature of selected crime types within a defined geographical area and time period. It is a measure of significant change in an area’s crime ...

The law states that children under the age of seven should not be held responsible for any crimes they commit. The subject as to what age children should be held responsible for their actions has been hotly debated. Some feel that the legal system is too lenient while others feel we are too harsh (Henberg, 1990). By taking a look at psychological developmental factors, we may be able to better understand a child’s cognitive ability in relation to criminal responsibility.

Psychological Factors

Juvenile crimes, like that in this case study, remains a very serious epidemic (Henberg, 1990). For this reason, a juvenile delinquency system ...

A psychopath is defined as an individual suffering from chronic personality disorder with violent or abnormal social behavior. The term Psychopath brings to mind thought of violent acts. The study on psychopaths defines individuals who are incapable feeling fear, empathy and stress. The psychopaths are identified on the basis of their cold-heartedness, superficial charm, irresponsibility, criminality, egocentricity and parasitic life. The psychopath is termed as the most fascinating and yet distressing problem in the human experience (Adrian, 2009). The persons suffering from psychopathy live a predatory life where the view people in terms of how they can be used. ...