Criminal law

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The Factories Act 1961 and the Health and Safety at Work, etc. Act 1974 are the result of Bills, which, after being debated in Parliament, have received the Royal Assent, and now from part of criminal law. 

This law, which is a criminal law, is so loosely worded that it is at the moment impossible to establish criteria for paints, varnishes, or lacquers to be placed on children s furniture or toys to be sold in Maryland. Further, the Maryland law has little protective value, since anyone can repaint children s furniture or toys with any material regardless of its suitability for the purpose and its inherent toxicity. This law, as it stands, places a heavy and complex burden on the manufacturer and marketer of children s toys and furniture—and necessarily on the manufacturer of paints, lacquers, and varnishes. The Maryland law has greater significance as a piece of troublesome legislation in that in the courts of the state of Maryland, the jury is the judge of the law as well as the facts under the law, and since under criminal law each case would be argued on its own merits, two different juries might reach contradictory decisions on the same set of circumstances. 

Utilization of slave labor in Farben was approved as a matter of corporate policy. To permit the corporate instrumentality to be used as a cloak to insulate the principal corporate officers who authorized this course of action is, in my opinion, without any sound precedent under the most elementary concepts of criminal law. 

The term terrorism, according to HSA, Sect. 4(15), is defined as any activity that — (A) involves an act that — (i) is dangerous to human life or potentially destructive of critical infrastructure or key resources and (ii) is a violation of the criminal laws of the United States or of any State or other subdivision of the United States and (B) appears to be intended — (i) to intimidate or coerce a civilian population (ii) to influence the policy or a government by intimidation or coercion or (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping. 

Today the state and federal drug war is disproportionately focused on the poor and people of color. As speakers at a 2002 civil rights conference lamented, Our criminal laws, while facially neutral, are enforced in a manner that is massively and pervasively biased. The injustices of the criminal justice system threaten to render irrelevant fifty years of hard-fought civil rights progress. Nowhere is this truer than in the drug war. As noted by Human Rights Watch ... 

When a Bill has been debated in Parliament and received Royal Assent it becomes law regulations made under the Acts also become law. The Factories Act of 1961 and the Health and Safety at Work Act of 1974 must be obeyed because they are part of criminal law. 

Hemenway, David, Sara J. Solnick, and Deborah R. Azrael. Firearms and Community Feelings of Sziety. Journal of Criminal Law and Criminology, vol. 86, 1995, pp. 121-132. Reports a survey that finds that about 85 percent of non-gun owners would feel less safe if more people in their community owned guns, while for gun owners, about 50 percent would feel safer, and 50 percent less safe. 

Kleck, Gary, and Marc Gertz. Armed Resistance to Crime The Prevalence and Nature of Self-Defense with a Gun. Journal of Criminal Law and Criminology, vol. 86, no. 1, 1995, n.p. Argues that use of guns for self-defense is underreported in surveys by government agencies because of fear of prosecution. Kleck s own survey finds an estimated 2.2 to 2.5 defensive gun uses per year. 

McDowall, David, Colin Loftin, and Brian Wiersema. Easing Concealed Firearms Laws Effects on Homicide in Three Stzt s. Journal of Criminal Law and Criminology, vol. 86, Fall 1995, pp. 193-206. Studies the effects of the liberalization of concealed-carry gun permit laws in Florida, Mississippi, and Oregon. The authors point out that firearm homicides increased in four out of the five areas studied. The authors conclude that liberalized concealed-carry does not reduce gun crime and may increase it. 

Batey, Robert. Techniques of Strict Construction The Supreme Court and the Gun Control Act of 96%. American Journal of Criminal Law, vol. 13, Winter 1986, n.p. Discusses Supreme Court cases involving the Gun Control Act of 1968, pointing out ways that a case for reasonable doubt can be construed from the language, intent, or history of the law. 

Feinberg, J. (1974) The rights of animals and unborn generations , in W. T. Blackstone (ed) Philosophy and Environmental Crisis, University of Georgia Press, Athens, pp43-68 Feinberg, J. (1988) Harmless Wrongdoing. The Moral Limits of the Criminal Law, Volume 4, Oxford University Press, New York... 

Under any conception of legal necessity, one principle is clear The defense cannot succeed when the legislature itself has made a determination of values. 1 W. La lave A. Scott, Substantive Criminal Law 5.4, p. 629 (1986). In the case of the Controlled Substances Act, the statute reflects a determination that marijuana has no medical benefits worthy of an exception (outside the confines of a Government-approved research project). Whereas some other drugs can be dispensed and prescribed for medical use, see 21 U.S.C. 829 the same is not true for marijuana. Indeed, for purposes of the Controlled Substances Act, marijuana has no currently accepted medical use at all. 811. 

Most criminal offenses involve a deliberate decision to perform an act that is proscribed by the criminal law. The criminal law requires the state to prove that the defendant committed a guilty act (actus reus), while simultaneously manifesting the necessary mental state (mens rea, or guilty mind) that is specified for that crime. Consider a case in which a person hammers to death a family member and then claims to have been asleep at the time of the attack. Because a guilty act must be voluntary, a question of fact arises concerning the person s consciousness and the effect that impaired consciousness, or indeed unconsciousness, has on voluntariness (4). In addition, consciousness bears on the guilty state of mind and is therefore relevant to the mens rea inquiry. 

The courts have grappled with how to apply the mens rea and actus reus requirements to defendants who are asleep or unconscious. The criminal law reveals two main categories of cases related to sleep deprivation. The first involves a situation where the act of falling asleep or losing consciousness causes harm, as in the case of a sleepy driver. The other concerns a person who, while asleep or unconscious, performs an act that causes harm, as in the case of a person who, while asleep, kills his roommate. Before discussing these categories in detail, we review the two essential elements of criminal liability and how they relate to sleep deprivation. 

This principle is firmly entrenched in the Model Penal Code (MPC), a model statute drafted by the American Law Institute in 1962 to help states define crimes consistently across the country (5). Many states have adopted the MPC, in whole or in part, and it has helped unify criminal law in the United States. The MPC recognized the incongruence of criminalizing actions performed by someone who is asleep or unconscious and incorporated that recognition into its definition of a voluntary act. Section 2.01 of the MPC states A person is not guilty of an offense unless his liability is based on conduct that includes a voluntary act... 

Canadian criminal law, like U.S. criminal law, recognizes a defense of automatism in cases where the defendant has acted in a state of unconsciousness. What makes the Canadian experience in this area particularly interesting is the very full discussion of the subject to be found in a number of court decisions, including a decision of the Supreme Court of Canada in the case of R. v Parks (23). After the Parks decision the issue of somnambulism arose in a number of provincial court decisions, in which concern over the use of the automatism defense in such cases was aired. 

McClain C. Criminal Law Reform Historical Development in the United States. Encyclopedia of Crime and Justice 1983 2 510-412. 

If the conviction should nevertheless become prevalent that the eyewitnesses erred in their corresponding testimonies, then an expert can only confirm that there is no longer any basis upon which to draw up an expert opinion, and, in the opinion of this author, there will no longer be any basis upon which court judgments, a method of historiography established by criminal law, or criminal prosecution of certain statements could be based. 

In the course of a change in the German criminal law at the end of the 70s, the duty to make entries in the record of the proceedings was removed for reasons of economy for all courts higher than the County Courts. What appears now in German trial records is something like The witness made statements on the subject or The accused made a declaration . The substance of what was said cannot be found there and it can no longer be proven by documentation when the court uses statements incorrectly.565... 

Online Lawyer Source. Illegal Drug Possession. Available online. URL http //www.onlinelawyersource.com/criminal law/drug-possession/illegal.html. Downloaded March 2, 2006. 

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