Defenses and Due Process Kylee Rivers CJS/220 Defenses and Due Process According to Gardner and Anderson (2011), an individual is only charged for a crime he/she committed intentionally. He suggests that such a crime must be without defense so that an individual is declared guilty. Defenses are situations that can stop or lessen the guilt in a case. Presentations of evidence for such situations ensure an accused person is defended from guilt. According to Gardner and Anderson (2011), the common elements of defense include insanity, entrapment and self-defense.
The second issue involves the thin skull rule which involves the defendant having to take the victim as he finds him which can be seen as unfair. Other issues include the victim refusing medical treatment, medical negligent treatment and the daftness test which has been criticised for being too subjective. Under factual causation the defendant can only be guilty if the consequence
2008. Effects of masculinity, sex, and control on different types of intimate partner violence perpetration. Journal of Family Violence 23, no. 7:639-645. Rennison, Callie M. 2003.
We do not officially sanction the use of beating & torture or execution for sex crimes. The printing of sex offender on one’s driver’s license as well as posting of warnings on websites could be seen as opening the door to vigilante behavior. Personally, I have no problem, just some pause, with such notifications, but there may be court challenges by some civil libertarian groups in re to such practices. There are even sex offender advocacy groups, such as ReformSexOffenderLaws.Org, set up for the purpose of modifying/overturning laws they perceive as unfair. The disconcerting thing is that on some issues a valid point is made practically as well as
However, certain questions are quickly raised in my mind. For one, Nagel makes no room for masturbation, unfortunately not addressing it at all. I say unfortunately because masturbation is so commonly called into question in the discussion of what constitutes sexual perversion. Nagel’s hypothetical situation is far too vague to truly establish an argument on. I wonder if there is any measure for how saturated with sexual desire one is?
Robert Thovsen Assignment 6 August 11, 2012 Responding To Domestic Violence Incidents * What is the difference between "pro-arrest" and "mandatory arrest" domestic violence policies? What is the policy in the state you live in? Research on Internet the development and implementation of the rest policy using your state. When the policies change, and if so, and why? 1) Pro-Arrest: Laws give authority for arrest without a warrant as the preferred, but not required, action in cases involving domestic partners.
The free and voluntary rule comprised of the 14th Amendment due process clause the Fifth Amendment clause, the prevailing test representing the law of confessions. Miranda v. Arizona (1966) represents a case law entailing each of the abovementioned amendments in which a suspect not read their rights before questioning would have their case dismissed due to evidence obtained illegally. In addition, if read their Miranda rights and refused enables them to utilize the fourth amendment protection against incriminating themselves. In addition, the defendant typically guaranteed a court appointed attorney. The confession if given upon analyzed to determine if the confession passes the voluntariness test (Soree,
These examples just shows how confusing it is in identifying sexual harassment today. How would you answer Limbaugh’s points if you were arguing for the opposition to each of the two points you have selected? For the first point, I would argue that women should not have so much power over men because men were created as the head and as such women should respect their authority. For the second point, I would say that sexual harassment should be limited to only sexual behaviors that are forced unto women and not be based on a man trying to win a woman over by his advances. Sexual harrassment refers to sexual actions.
The Crimes Amendment (Consent—Sexual Assault Offences) Bill 2007 (NSW) labelled the “no means no” Bill changes the law of consent in sexual assault cases. It makes clear that being drunk or under the influence does not constitute consent and states that a person must have the capacity to consent. Defining consent ensures the courts cannot confuse consent with submission. This statutory definition is essential in giving sexual assault victims equal justice and in encouraging more women to report sexual assaults. This Bill delivers on a key long- term demand of women’s legal services, community groups, sexual assault victims groups and law reform groups to create an objective fault test for
A. Theoretical perspectives on attachment styles a. B. Associated features of sexual offending behavior a. C. Predicted sex offender behaviors in offenders a. With Anxious/Ambivalent attachment styles i.