Monday, November 4, 2019
None Assignment Example | Topics and Well Written Essays - 1000 words
None - Assignment Example In instances of strict liability, the requirement of a guilty mind is not required; all that is needed to show criminal conduct is the forbidden action. Strict liability offences are usually not of a serious nature and the laws governing such offences are regulatory. A good examples are offences of pollution. Denunciation in criminal sentencing regime is the act of imposing a severe sentence to an accused person in bids to send a message, that society, in the embodiment of the court does not tolerate the action of the accused person action. It therefore serves to deter individuals from committing similar crimes as well as appeasing the victim as they feel that justice has been served. For instance, a person accused of raping a child, could get a harsher sentence than one accused of raping an adult in order to show that child rape will not be tolerated. It is a defense used in court by personââ¬â¢s who murder their spouse alleging that at the time of the commission of the crime the person was suffering from the battered wife syndrome. It is called the battered woman/wife syndrome because it is a defense mostly used by women. It is a defense for the women who react with force as a defense mechanism stemming from the belief that it is the only way to defend themselves from their assailants. Nevertheless, there is no psychological evidence to support this principle as a defense in criminal law. There are four main principles that govern the adjudication of criminal justice. The first one is the presumption of innocence; that a person is innocent until proven guilty in a court of law of competent jurisdiction. The other is the is the burden of proof; in criminal law, he who alleges proves, thus the onus of proving criminal liability is vested on the prosecution and that of proving defenses put forward by the defense team, is vested in the defense. The other principle is right to remain silent; one has the
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.