Kedrick King Lesson 1 assignment 1-1 How does statutory law come into existence? How does it differ from the common law? If statutory law conflicts with the common law, which law will govern? Statutory law comes into existence when elected officials pass laws. Common law differs because it’s a law that is created by judges is based on past court decisions.
Understanding our legal system through the different roles given to our Federal courts and State courts. There are three equal branches of government: executive branch, legislative branch and the judicial branch. Federal and state courts are part of the judicial branch of government. It is the job of the judicial branch to apply and interpret the law and mediate any issues that occur under them. Neither branch federal nor state can oversee functions reserved for the other branches.
The additional guard against tyranny was Separation of Powers which means the government was separated into different branches. The Constitution states that the Separation of powers was legislative, executive and judicial branches. Separation of power can defend against tyranny simply because there are 3 powers, not one; which does not make America have an absolute power. The third guard against tyranny was Checks and Balances, which were the balances in the 3 branches of power. In the constitution, there is a diagram stating which branch has power for each other.
Myetia Vaughan Pro Liebman Constitutional law Part 1 1. Mayhem 2. Arson 3. Forged records 4. Intimidation of witness A. Mayhem: 265 {crimes against person} sec 14 says that if someone with malicious intent maim or disfigures another , cuts out or maim any body part inflicting serious permanent crippling of disfiguration to the body as well as mutilation and dismembering of body parts.
Today, there are several theories on why people commit crimes. I will examine the rational choice theory and trait theory to get a better understanding of why people become violent offenders. According to the FBI’s Uniform Crime Reporting Program, “violent crime is composed of four offenses: murder and non-negligent manslaughter, forcible rape, robbery, and aggravated assault” (fbi.gov). The UCR describes the following violent crimes: “Murder and non-negligent manslaughter are defined as the willful killing of one person by another. Forcible rape is defined as the carnal knowledge of a female forcibly and against her will.
This is a crime against persons and punishable in all but four states by life in prison or the death penalty. Kidnapping is considered a Mala in se or inherently evil crime was originally a misdemeanor under common law but the Federal Kidnapping Law of 1932 (Lindbergh Law) made it a federal crime to transport victims across state lines to collect ransoms or rewards (Lippman M. 2012). In 1974 Patricia Hearst was kidnapped by a group
Judicial review is the right, or duty, the court has to review the constitutionality of legislation and/or actions taken by the executive branch. The court has the right to choose its cases, but these are brought before them not sought after by the court. What is the separation of powers? This is a form of checks and balances between the executive, legislative, and judicial branches of government. They are in place so as to contain the power of any one branch attempting to overstep its authority and act in a tyrannical matter.
What is the primary motive for the offence? (sexual, financial, personal, mental disturbance) 7. What levels of risk did the victims experience? 8. What level of risk did the murderer take in killing the victims?
Take murder for example, a crime which under UK jurisdiction would be considered one of the worst and punished more harshly. Yet in times of war it is encouraged and accepted. This brings to question the proportionality of the justice system. There are endless examples of where there appears to be a set of double standards in defining what is criminal. Allowing you
Any natural crime against an individual is a crime against the entire society. Natural crimes are obvious crimes with obvious victims. People who commit robberies, murders, theft, rape, blackmail, extortion, and kidnapping are committing natural crimes. Natural crimes are considered serious crimes against society. Natural crimes are crimes that are committed intentionally, negligently, recklessly, and knowingly.