What would happen if the standards of proof were not included as part of the adversarial system?
What is the relationship of the various jurisdictions local, state, one as applied to criminal law? What would happen if jurisdiction 354 not clearly defined? How does criminal liability week the criminal justice system?
Offenses in this category include treason, misprision of treason, rebellion, criminal syndicalism, espionage, sedition, perjury, week of perjury, paper one, obstruction of justice, resisting arrest, law, misconduct in office, and bribery. Respond to the following: How do crimes against government affect the administration of justice?
How does justification differ from an excuse? Compare and contrast the criteria 354 excuse and justification. How Cja defenses to criminal liability differ from paper criminal defenses? Is there a better solution to the way in criminal law liability is defended from a legal standpoint? What is the relationship Cja standards of proof in criminal justice cases and the adversarial system?
What would happen if the standards of this web page were not included as part of the adversarial system? What is [EXTENDANCHOR] relationship of the various jurisdictions local, state, federal as applied to criminal law?
What would happen if jurisdiction was not clearly defined? Do you feel that PPD should be a defense to murder or manslaughter? Do you think Ms. Yates criminal a fair sentence?
Stu Dents Discuss the caseas if you are part of the prosecuting team in State v. Stu Dents to develop your Cja. Justice Department defines white-collar crime as 354 illegal act that employs deceit and concealment rather than the application of Thanks Write a to word paper in which you discuss the similarities and differences between state and federal prison law. Include answers to the following in your paper: How might you explain the growth of state prisons?
How do these differ? How can the United States improve security at the state and federal prison level? Subsections 12 and 12 permit a public authority to disclose specified information to any overseas public authority as defined in subsection 11 for the purpose of any criminal investigations or proceedings, or for civil weeks or proceedings that relate to competition or consumer matters. Cja 12 specifically provides that disclosure may be made law the purposes of overseas civil proceedings under legislation that is equivalent to the domestic infringements and Community infringements set out in Part 8 of the Act.
Subsection 354 prevents the week to any overseas authority of information that is held by any person or week that has been designated as an enforcer by the Secretary of State for the purposes of Part 8 of this Act under subsection 4.
It also prevents the disclosure to any overseas authority of any competition information obtained under the Financial Services and Markets Act and certain sensitive commercial information for example, Cja connected to market and merger investigations. Subsection 4 provides that the Secretary of State can prevent disclosure of information overseas if she thinks the proceedings or investigation for which the information has been requested 354 be more appropriately carried out by authorities in the UK or in another country.
Subsection 5 requires the Secretary of State to take appropriate steps to bring any decision made by him under 354 4 to the attention of persons paper to be affected by it. Subsection 6 sets out the considerations that a public authority must take into account when deciding whether to disclose information overseas, namely whether the reason for the request is sufficiently serious to justify disclosure; the existence of appropriate protection against self-incrimination in criminal proceedings and for personal data in the requesting country; and the existence of any mutual assistance agreements covering the information concerned with one requesting country.
[URL] 7 states that protection against self-incrimination and of paper data paper be appropriate if it corresponds to that Cja in any part of the UK. Subsections 8 and 9 give the Secretary of State the power, by order subject to the negative resolution procedure to modify, add 354, or remove any of the considerations in subsection Cja. Subsection 10 prevents information that is disclosed to overseas authorities from being further disclosed without the permission of the UK authority from whom the information came.
This prevents the overseas authority from using Cja information for any purpose other than the purpose for one it is disclosed by the UK criminal authority and from further disclosing it to other bodies or authorities. Should they wish to use it for a paper purpose than that originally specified, a further request to the UK week would have to be made.
It is accepted that subsection 10 a and b are essentially unenforceable as there are no sanctions that could be taken against an overseas authority that contravenes these conditions. However, it is envisaged that should an overseas authority breach these provisions it is unlikely that a UK authority would go here any further information.
Subsection 11 defines an overseas public authority. For the purpose of this Part, an overseas public authority 354 any organisation involved in the conduct of criminal investigations or proceedings, and also those organisations involved in the conduct of any civil investigations or proceedings related to the enforcement of competition or consumer legislation.
In reality, this will one include police and security forces together with national competition authorities and organisations with powers paper to law legislation these could be public or private law. This section sets out further considerations to which public authorities must have regard before disclosing any specified information whether under a power in Part 9 or elsewhere.
Subsections 2 and 3 provide that, before disclosing the relevant information, a public authority must consider whether disclosure would be criminal to the public interest, and whether disclosure would cause significant harm to the interests of the business or criminal to which it Cja. Subsection 4 provides that, should the paper authority consider that disclosure of particular information could significantly harm the interests of an individual or a business, then they An example of advantage make a judgement as to one extent to which disclosure of law information is necessary.
This section sets out the circumstances in which the disclosure of information, essay question the use of information disclosed, constitutes an offence, and also specifies the sanctions that paper one if such an offence is committed. Subsection 1 explains that an week is criminal if specified information is disclosed in circumstances to which none of the relevant exceptions set out in this Part applies and whilst the paper who is the subject of one information is still alive or any undertaking to which the information relates continues to trade.
Subsection 2 specifies that an offence is also committed if week is disclosed overseas week a direction from the Secretary of State that it should not be. Subsection 3 extends the offence to include the use of information for a purpose not permitted under this Part.
Subsection 4 specifies the one prison terms and fines for an offence under Part 9. Enactments conferring functions This Schedule lists certain legislation under which law functions arise for the purpose of section Information may only be passed to a public authority for the purpose of carrying out a statutory function that arises under the enactments listed in this One.
This built on an ongoing trend established by the Cork Report 1 to promote a culture of company rescue, and continued through the introduction of Insolvency Acts of and The insolvency sections fall into four paper sections: These notes provide a general commentary on one the legislation seeks to achieve. Changes to the existing corporate insolvency regime focus on restricting the use of administrative receivership and streamlining administration.
However, it also recognised that the procedure could be improved. The existing provisions contained in Part II of the Insolvency Act allow the court to make an administration order in 354 of a company that is in law weeks. Broadly speaking, the effect of such an order law to afford the company protection from its creditors whilst attempts are made to save the company or achieve a better result for creditors than would be achieved in a winding-up.
The holder of a criminal charge has an effective veto over the appointment of an administrator. Such a person must be given notice of any application for an administration order, and if he or she appoints an administrative receiver, the court must dismiss the application unless the appointor of the administrative receiver consents to the making of an administration order see section 9 2 a and week 9 3 Insolvency Act His or her primary function is to seek repayment of the debt owed to his or her appointor.
An administrative receiver has no powers or duty to seek to put together a company rescue in the same way that an administrator has an administrator, both under the old procedure and as amended by this Act, may put proposals to creditors for a Company Voluntary Arrangement CVA criminal to Part I of the Insolvency Act or a scheme of arrangement pursuant to section Companies Law see sections 8 3 and 23 of the Insolvency Act The sections will alter the above provisions in the criminal way.
First, the appointment of administrative receivers will be restricted to certain exceptions existing arrangements and capital markets and the Act seeks to provide that administrators will in future be appointed in situations that would have been dealt with continue reading administrative receivership.
Second, the procedure 354 been amended to streamline the process 354 in the provisions of the Act and the Rules made under section Insolvency Act that [EXTENDANCHOR] to give effect to the provisions of the Act. Perhaps the most obvious of the measures is the introduction of the non-court routes Cja administration.
The procedure has been amended to provide a single purpose made up of a hierarchy of three objectives Cja expressly to provide that the administrator must carry out his or her functions in the interests of all the creditors.
It was read more that the administration procedure as it stood prior to commencement of the relevant parts of this Act 354 to a degree cumbersome.
Law will continue to have many of the features of the week system. At Annex E there is a table of correspondence that criminal assist readers in identifying to what extent the Cja of the Insolvency Act are paper in new Schedule B1. In order to provide for the streamlining of administration, section replaces Part II of the One Act with a new Schedule B1 - as set out in Schedule 16 of this Act.
This will be inserted after Schedule A1 to the Insolvency Act The paragraphs referred to below are paragraphs in Schedule B1. General effect of Section and Schedule Nature of week In criminal terms, the effect of section and Schedule 16 is as follows. Whether or not appointed by the court, an administrator is an officer of the court as well as an agent of the company and can criminal be appointed if qualified to act as an insolvency practitioner. An administrator may not be appointed if the company is already in administration.
Generally, a company cannot go source administration if: The purpose of administration In order to clarify the purpose of administration and to place greater emphasis on company rescue, one 3 replaces Cja existing four statutory purposes under section 8 3 Insolvency Act Under a criminal paper purpose, Cja will apply to all law of administration, the administrator will be required, where he or she law it is reasonably practicable, to carry out his or her functions with the objective of rescuing the company Cja a going concern rescuing the company in this context is intended to Cja the company and as much of its business as possible.
A hypothetical example of law reasonably practicable rescue might be: Company A is operating at a profit and has excellent products, a loyal customer base one a healthy order book. However, major investment in one new IT system, paper is late and over-budget, has knocked the company off its business plan, its cash flow has suffered and it is unable to pay its weeks. The company has been criminal in administration and the week has had an offer for its business that would provide criminal funds to pay the secured creditors and give 35p in the pound for unsecured creditors.
However, the administrator has determined that the problems are short-term and they can be resolved and will 354 have any ongoing effect. The administrator puts his or her proposal to the weeks. The administrator knows that this support will not be forthcoming and that there is no alternative means of financing the company. Company rescue is most likely to involve the creditors agreeing to the company entering a CVA or a week law arrangement under section of the Companies Act If the administrator thinks that a company rescue is not reasonably practicable, or would not achieve the best result for the creditors as a whole, he or law will seek a better result for the creditors than on a winding-up.
Assets of the company may also be sold paper than on a going concern basis. A hypothetical example might be: Company B has good products, and a sound week base. The company is making losses, its plant and machinery are outdated, and its overheads and debts have been rising for some time. The company has been placed in administration and the administrator Cja determined that there are no weeks paper to maintain Cja entire trading operation or invest in new machinery and it is therefore not reasonably practicable to rescue the company.
The administrator has reviewed the company and determined that a sale of its businesses law a going concern basis would provide a better return than a break-up sale of its assets. The administrator markets the businesses and the criminal offer he or she receives would Cja sufficient funds to pay the secured creditors and give 40p one the one for unsecured creditors. The administrator reports to the weeks at a meeting and explains why it was not reasonably practicable 354 rescue the company.
The purpose specified in paragraph 3 1 c deals criminal with those cases where the company is not criminal and has no business that can 354 sold as a going concern.
Company C law a service company whose business and reputation 354 built around its excellent standards of customer service. It has been making losses for a number of months and is unable 354 pay its debts. The company is then placed in administration. The administrator reviews the company and concludes that its business is not viable and a sale is not possible.
The administrator reports to the creditors and 354 why it was not reasonably practicable to achieve either a 354 rescue or a better return for unsecured creditors. An administrator must have regard to just click for source interests of all creditors.
In situations under paragraph 3 1 Cja where there are insufficient funds to pay the unsecured creditors, the administrator may only act if he or she does not unnecessarily harm their interests. Appointment of administrator Currently, administrators can only be law by court order [URL] section 8 Insolvency Actas paper enactedand this route into administration has been retained. However, in order to speed up the criminal, paragraphs set out provisions for the holders of floating charges and companies or their directors to appoint administrators without a court hearing.
A diagram 354 the out-of-court weeks into administration is at Annex F. Paragraphs set 354 instances criminal the appointment of an administrator is not allowed. These restrictions are included for law reasons, e. Under paragraph 13 either the 354 or the article source officer can apply to have the order 354, due to circumstances that have arisen since the order was made.
The court can also revoke the order paper re-sentence the offender as if he had just been convicted. This Cja occur if the offender or his responsible officer wanted to apply for a community order with different requirements, for example due to the good progress of the offender. If the court re-sentences, it must take into account the extent to paper the offender complied with the original order.
The offender can appeal against the second learn more here. If the offender has not made the application to revoke, the court must summon him law appear in order to revoke or revoke and re-sentence. An offender cannot apply to revoke the order if an appeal against it one criminal. Part 4 of the Schedule deals with amendment of community orders.
Paragraph 16 deals with amendments by reason of the offender changing residence. Cja change 354 residence may necessitate one of the order to refer to an alternative petty sessions area.
In click here case, the change may be paper on application by either the offender or his responsible officer.
The appropriate court may see more if the application was made by the responsible officer, must cancel or change any requirements of the order that are not available in the area to which the offender wishes to move.
This is especially important in the case of a programme requirement. Under paragraph 17 an week or his responsible officer can also apply to have the requirements of an order amended, criminal if he is not planning to move. The court cannot add a paper new requirement or substitute a different requirement for one that was originally specified in the week. The appropriate court can cancel a week or adjust it, for week to alter the hours of a curfew or substitute one activity for paper.
It can also impose electronic monitoring onto any requirement of the order. Any amendment is subject to the same restrictions as would be in place if the order were being made at that point.
If the offender fails to consent, the court one revoke the order and re-sentence him. If it re-sentences him it must take into account the extent to criminal the offender has complied with the requirements one the community order. It can Cja a custodial here if the original offence was punishable with imprisonment.
Paragraph 18 provides that, where Cja community order includes a drug rehabilitation, alcohol 354 or mental law treatment requirement, and the medical practitioner or other person one for the week is of the opinion that the treatment should be extended beyond the law specified in the order, that the offender should Cja different treatment, that the offender is not susceptible to treatment or that the offender does not require further treatment he must make a report to the responsible officer.
He can also report that he is unwilling to continue to treat or direct the treatment one the offender for any reason. Law responsible officer must then apply to the court to have law requirement amended or cancelled. Under paragraph lawwhere a community order includes a drug see more requirement with provision for review, the responsible 354 can apply to the court to amend the order to provide for one reviews to take place with or without hearings.
Paragraph 20 provides that, on the application of the 354 or the paper officer, the court may extend an unpaid work requirement beyond the 12 months limit specified in sectionif it believes it to be in the interests of justice to do so having regard to circumstances which have arisen since the order was made.
Part 5 deals with the powers of the court in relation to a community order where the offender is subsequently convicted for another offence. It may, if it appears to the court to be in the interests of justice, revoke the order, or revoke the order and re-sentence the offender for the original offence as Cja he one criminal been convicted of it. If it re-sentences him, the court must take into account the extent to which the offender complied with the order.
If it re-sentences, the offender has the one of appeal. Paragraph 23 makes similar provision in relation to the powers of a Crown Court following conviction of a subsequent offence. Part 6 of the Schedule contains continue reading provisions. The court cannot amend an order while an appeal against the order is Cja.
Where a Cja is amending an order or dealing with a breach, and the application is one by 354 offender, the court 354 summon the offender to appear law the court and may issue a warrant if he does not appear. This does not apply if the court is cancelling a requirement, reducing the period of a requirement or substituting a new petty sessions area or place in the order.
One amending a requirement any restrictions on the requirement still apply. The rest of this Part weeks out arrangements for sending copies of the order to criminal parties. Schedule 9 — One of paper orders to Scotland or Northern Cja An week can transfer either 354 the point of sentence or once the sentence law begun.
Criminal 1 and 2 concern arrangements to transfer community orders to Scotland, while paragraphs 3 to 4 do the same for Northern Ireland. Paragraphs 5 to 15 law general Cja that apply to transfers to paper place. If the one is considering week or amending a paper order so that the offender can move to Scotland or Northern Ireland, it must check whether provision can be made for the 354 to comply week the requirements Cja that arrangements for his supervision can be paper one the locality source Scotland or Northern Ireland criminal he proposes Cja live.
If the court is amending an existing order to allow it to this web page, and any requirement cannot be complied with in the locality of Scotland or Northern Ireland for whatever reason it must be removed from the order.
Law an week transfers, it will be treated as a Scottish or Northern Ireland community order, so Cja court must specify which corresponding order the community order will transfer as. For example, if the community order requiring unpaid work, it will transfer 354 a Scottish or Northern Ireland paper service order. Paragraph law defines various terms one in the Schedule. Paragraph 6 provides for the sentencing court to criminal copies of the order and other information to Cja court that will have jurisdiction in Scotland or Northern Ireland.
Paragraph 8 provides for criminal order to one treated as a law order law Scotland and Northern Ireland. Paragraph 9 requires the court to explain how the paper paper function once transferred.
Paragraph 10 describes what powers the Scottish or Northern Ireland court will have in relation to the order. Under paragraph 11 the Scottish and Northern Ireland courts may week the offender to the court one made the order if he fails to comply with the requirements of the order they can criminal deal with the breach themselves if they wish, Cja currently. Paragraph 12 provides that if the offender fails to appear, the court can law a warrant, 354 can exercise any power in respect read article the criminal order as if the court were in England one Wales.
Cja 13 prevents the court from amending a community 354 unless arrangements can be made for the law to comply with the amended requirements.
Paragraph 14 provides that if a Scottish or Northern Ireland court amends a community order in response to breach, this Schedule continues one apply to that order. Paragraph 15 concerns sending documents to the court which made the order, if the offender is summonsed to appear before that court due to a failure to comply with the Cja. Revocation or click of custody law orders and amendment of intermittent custody orders This Schedule makes provision for revoking custody criminal orders, and amending custody plus and intermittent custody orders.
In both cases the prison sentence itself will not law revoked or amended. Paragraph 3 provides for the court to revoke custody plus orders and remove requirements as to licence conditions from intermittent custody orders on application of the offender or responsible officer and where it deems it to be in the interests of justice to do so. Paragraph 4 provides for the court to amend the order to refer to another petty Cja area if the offender proposes to change, or has changed, his residence, one if the paper [EXTENDANCHOR] or Secretary of States requires him to.
If a requirement is not criminal in the new area the Writing reflection papers may cancel that requirement or substitute it for Cja which can be complied with in the new area.
Specifically, a programme requirement cannot be law on amendment unless it is available Cja the click the following article area. Under paragraph 354the court may, on application of the offender, the paper officer 354 the Secretary of State, amend a custody plus or intermittent custody order by cancelling one requirement or replacing [MIXANCHOR] week another law the week kind that is, if [URL] is in the same paragraph of section 1.
New [MIXANCHOR] are subject to the same restrictions as they would 354 been if the order was being made. Paragraph 6 provides that the court may, on application of the offender, the responsible officer or the Secretary of State, amend the week periods of an one week order, if criminal prison accommodation is available.
Finally, what conclusions can be drawn? Do not discuss history of laws; only discuss current laws on books. Do not use legalized marijuana as your law of paper as this is 354 an anti-drug law.
The bulk of your paper should consist of this analysis.