Affirmative defenses is the answer to which a defendant gives the court in response to the crime they are charged with. There are two main types of affirmative defenses, Justifications and excuses. Justifications and excuses are answers that the defended did do the crime but they can give a wonderful and perfectly good reason why they did it and they should not be held responsible for the crime they committed. Because every case is different there is a plethora of justifications and excuses, some
My fascination with the Judicial System Structure of today's society was furthered and strengthened after reading and analyzing the works of Edward Greenspan.This superbly written biography recollecting past cases and important events in Greenspan's life allowed myself, the reader, to learn more about Jurisprudence and the Criminal Code. The entire casebook revolves around several main themes including the balance of Positive & Natural influences in the courtroom, whether a lawyer's consience intervenes
Sea Defences at Minehead and Their Effectiveness Introduction Minehead is located in the South-west of England, on the Somerset coast (as shown in pictures 1 & 2). The area of sea is subject to the second largest tidal ranges in the world, 14m. Over the years the tides have been a mixed blessing, with it's vary fast running currents. The tides have allowed Minehead to develop into a busy seaside area with their harbour. Minedhead has also been flooded on numerous occasions, for example
Sidney's The Defence of Poesy and Television Commercials I know that something major has changed in the world of television when my sons refuse requests to turn the set off with the comment, "Just let me finish watching this commercial." I have always thought that commercials were something to endure until the real program came back on. Apparently some of them have now become the form of entertainment par excellence of the medium. What do TV commercials have to do with Sidney's The Defence of Poesy
The Defence of the Corporate Veil - Parent Companies Beware! Much interest has recently been shown in the potential consequences of the judgment given in Stocznia Gdanska SA -v- Latvian Shipping Co and others, which was substantially upheld by the Court of Appeal on 21 June 2002. Although the case related to Shipbuilding Contracts, the result has reinforced the traditional view that the Courts will not countenance any further erosion of the fundamental principle of English Company Law that
Anticipatory (Pre-emptive) Self-defence: The Need for a Modern Approach The use of military force is a valid customary international law norm and it is enshrined in the United Nations Charter. Nevertheless, the use of force is only authorised if it falls under one of two categories: self-defence (article 41 of the United Nations Charter), or Security Council authorisation. To justify a resort to pre-emptive war, a state must give reasonable proof that the action is necessary to the vital
Investigating the Length of Long Shore Occurence Reason for study: to find out if long shore drift occurs and if it does, to find defences to prevent any hazards The place of my study was porlock bay in Somerset. This is a picture of the porlock bay. [IMAGE] Aim: 1. To find out the beach material is moved by long shore drift 2. To work out a sort of defence mechanism used in porlock bay to stop the flooding in the marshes. Evidence of long shore drift: · Without long shore drift
washed that his or her will becomes subservient to another's, then "it" can no longer be considered sentient. As horrific as these cases may be, it is worse still to be exposed to this virulent code later in life. A teenager may have just enough defences available to hold off total mental collapse but not so many as to ever expect the complete routing of the enemy. This sad mixture of strength and weakness ensures a long and torturous battle against a powe... ... middle of paper ... ... this
stop his wound, lest he do bleed to death. Shylock: Is it nominated in the bond?" Act 4 Scene 1 lines 255-257 This is the time that Portia traps Shylock into a corner and saves the life of Antonio at the same instance. Portia builds up her defences as Shylock lets his down as he believes that he is going to gain his pound of flesh from Antonio's breast nearest the heart. As soon as Portia enters the court room she applies herself to try to cunningly outwit Shylock. When she initially
There are 4 main common law defences to defamation: · Justification · Fair comment · Absolute privilege · Qualified privilege Justification Justification basically means that no matter how damaging a statement is it may actually be true, there the defence is that the truth can never be defamation. However justification is not easily proved as the burden of proof rests upon the defendant to prove that the statement is true. An example is: Jeffrey archer V The Star newspaper
built inside the original Iron Age hill fort and the Anglo-Saxon church shows that the Saxons had settled on the hill as well. The embankments constructed by original settlers laid out the shape of the castle for years to come- the concentric defences of the castle during the 13th century followed the outline of these embankments. In this respect, Dover is not typical- no other castle was built on the basis of an Iron Age hill fort. William of Normandy built the first castle at Dover in 1066
so extensively. While I was at Sheringham I completed the aims that I had set. These aims were: * To examine the cliffs behind the beach to see how erosion from the sea has affected them, * To compare how the different types of coastal defences such as Rock armour and Sea walls are used. * To look at and survey the quality of the beach. * To evaluate the coastal scenery. * To make a profile of the beach. * To look at and investigate the action of the sea and find out how it
of multiple kingships. The rugged terrain, with impenetrable mountain massifs and inhospitable upland ranges, broken by river valleys, did not make for a unified control or a unified development. The boundary with England was not marked by natural defences, and productive lowland areas as well as profitable upland pastures were open to frequent attacks. Not until Offa of Mercia built his dyke in the second half of the 8th century was there a definable frontier, and that was designed mainly to deter
In my essay I will tell you the various kinds of drinking and driving offences, the penalties, and the defences you can make if you are caught drinking and driving. Let me tell you about the different offences. There are six offences in drinking and driving. They are "driving while impaired", "Having care and control of a vehicle while impaired", "Driving while exceeding 80 m.g.", "Having care and control of a vehicle while exceeding 80 m.g.", "Refusing to give a breath sample", and "refusing to
self-expression but media often encourage a negative understanding of graffiti by relating it to crime. Moreover, municipalities and government spend a huge amount of money removing graffiti in order to create a clean and safe environment. In his essay “Defence of Graffiti,” Toronto writer Alex Boyd acknowledges that there are cruel and useless examples of graffiti such as “stupid racist remarks, empty slogans’ [and] illegalable signatures”
the development of common law principles applicable to the defence of provocation in criminal law from the decision in Mancini v DPP [1942] AC 1 to Mascantonio v R (1995) 183 CLR 58. Assess the degree to which the common law has proved inflexible in responding changing societal needs and expectations. Are there other legal means of achieving substantive justice? At the time of the case of Mancini the concept of provocation as a defence to murder was already a well established one dating back centuries
although they are by no means universally consented to, such as killing in self defence or as a form of capital punishment, but taken in isolation it is generally accepted that to kill is wrong. Therefore in the debate between pro and anti abortionists must centre around two essential questions: whether a foetus is a person, and if so when a foetus becomes a person; and whether abortion can be said to be self defence. Possibly the deepest dilemma for an anti abortionist concerns the stage at which
The idea that a single person’s actions can resonate and intrude into other people’s lives is a concept not often though about. Being that each of us has our own individual life to worry about, it is hard to imagine that we are all deeply interconnected to others within the human race. We often tend to only think of ourselves and our immediate families; disregarding our relationship to everyone else in this world. Each one of us holds a position in life in which we all influence one or more persons
pre-existing intelligence or motivation, unlike the psychoanalytic model. Freuds’ psychoanalytic theory, is described as motivationally hot and passionate, both complex and dynamic; an unconscious mind as a primary process that uses sophisticated defences, capable of handling complex bodies of knowledge, serving to best protect the secondary conscious mind (Klinger, 1992). This theory is commonly critiqued for assuming the unconsciousness as a fundamental concept “whilst not having addressed the nature
Defences for Murder There are only three partial defences for murder; suicide pact, provocation-the loss of self control and reaction must be instantaneous and diminished responsibility. Amongst the three mentioned two are most frequently used, these are provocation and diminished responsibility, and only one full defence, self defence. These defences are used to reduce the sentence charge by the defendant to manslaughter from murder. In the following text I will be examining how men