Legal Outline 2

8/12/2019 Legal Outline 2

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DRAFT

Thesis Statement

Crime is a universal phenomenon. It engenders fear in people in all societies. Without a

doubt, all worry about being its victim. Crime is at a cost to both state groups and individuals;

it could be against properties or persons. Victims of crime also called Victims! are

defined as "ersons who have suffered harm, including physical or mental in#ury or trauma

or economic loss through acts or omissions that are in violation of the national criminal law.

$hese include dependants and members of the immediate family of the direct victim. %

person may be considered a victim regardless of whether the perpetrator is identified,

apprehended, prosecuted or convicted. &owever, compensation is defined as the total

amount of the monetary and non'monetary pay provided to an employee by an employer in

return for wor( performed as re)uired. $hey are many reasons why victims of crime should

be compensated. %mong of them are suffering for mental and physical in#uries, unwanted

se*ual act, and grief in that people e*perience of death and loss.

1.0 Personal injury whether mental or physical (including seual o!!ences".

(nidirectgo#ernmentser#ices$ n.d"

+.+.+ ection +- d! of Victims of Crime %ct.

+.+. %ll people that have been sub#ect to almost any type of physical or

emotional stress due to the rec(lessness of another may be eligible to ac)uire

compensation. /ohn "ar(s, 0++!

+.+.1 ome common physical accidents that generally get compensation

contain, but are not confined to, bac( ache, head traumas, nec( discomfort,

bro(en bones, and whiplash. /ohn "ar(s, 0++!

+.+.2 3motional traumas consist of things such as depression and post

traumatic stress dysfunction. If the carelessness of someone else has brought

on any physical or psychological harm, it is encouraged that you contact an

attorney straight away to figure out whether you are entitled to receive

personal in#ury compensation. /ohn "ar(s, 0++!

+.+.4 Concrete'encased high school girl murder case was a +-55'5-

incident in which a /apanese girl, /un(o 6uruta Furuta Junko7!, +8
http://en.wikipedia.org/wiki/Help:Installing_Japanese_character_setshttp://en.wikipedia.org/wiki/Help:Installing_Japanese_character_sets


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at that time, was murdered.$his incident was a result of high level of notoriety

in/apan.

+. $he scheme compensates people who are in#ured by crime, for e*ample, a person

who is assaulted, raped or robbed. 9egal ervices Commission, n.d!

+..+ ection 5 of the $heft %ct +-85.

+.. Clouden : v +-5! C%

+..1 6or e*ample, a person who suffers an an*iety disorder after a home

invasion or an armed robbery can be compensated even if they were not

physically harmed. 9egal ervices Commission, n.d!

+..2 It can also include pregnancy resulting from a se*ualoffence. Close

family members of a homicide victim can also be compensated. 9egal

ervices Commission, n.d!

+..4 % woman accused a police consta%le and his !i#e accomplices o!

&eeping her in detention and raping her !or !our consecuti#e days. The

incident too& place at a house near Tarnol$ in the outs&irts o! the city$

she alleged. alma, a resident of argodha and a mother of three, said that

she was two'months pregnant. $he 3*press $ribune, 0++!

'.0 Seual assault is any unwanted seual act. This includes a range o! unwanted

or !orced seual %eha#iours including rape. (Solicitorad#ice.com$ n.d"

'.1 Seual assault occurs when someone commits a se*ual act

with or towards another person without his or her consent.

olicitoradvice.com, n.d!

'.1.1 ection 1 of thee*ual


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ability and whether they are under the influence of alcohol, illegal

drugs or prescribed medication. olicitoradvice.com, n.d!

.+.2 :ape compensation in India is tied up in processes that

assume the impartiality of authorities dealing with the crime > thepolice and the district boards are tas(ed with determining in#uries.

&industan $imes, 0++!

.+.4 Compensation demands ?proof@ of in#ury for which the victim has

to undergo medical e*amination under police supervision. If medical

e*amination is delayed, the evidence of rape is gone. &industan

$imes, 0++!

. "erpetrators of se*ual assault use power, force and manipulation to attempt to

control the body, senses and emotions of their victims. olicitoradvice.com, n.d!

..+ "erpetrators are usually male and most often someone that

the victim (new and thought they could trust. % person=s ability to

consent regardless of the relationship is dependent on a number of

factors including their level of cognitive ability and whether they are

under the influence of alcohol, illegal drugs or prescribed medication.


.. e*ual assault can happen to anyone regardless of their age,

ethnicity, religion, se*ual preference or socio'economic bac(ground.

olicitoradvice, 0++, n.d!

..1 % man who se*ually assaulted a +'year'old girl and raped a

teenager 0 years ago has been #ailed for + years. /ulian Aeightley,

22, of Breenways, awtry, and Cambridgeshire was trac(ed down

through 6aceboo( by his younger victim. % #udge said both she and

the other victim, aged +8 or + at the time, and had both suffered

profound and serious effects up to the present day. Dews

Cambridgeshire, 0++!

..2 India@s overall rape and se*ual assault statistics show that E"

is hardly an e*ception. In 00-, cases of reported rape were +,1-,

and cases of se*ual harassment were ++,00-, according to the

Dational Crime Fureau. &industan $imes, 0++!


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..4 $he statistics on se*ual assault on women certainly demand

government action. Fut a ?scheme@ without the force of law is #ust an

ad hoc measure that can be withdrawn with a change of government,

say activists. &industan $imes, 0++!

..8 Crimes %ct +-00 ' 3C$ 8+/ subsection +! about aggravated

se*ual act.

.0 )omicide is a crime that has a pro!ound and lasting impact on the #ictim*s

!amily and !riends. The grie! that people eperience in relation to death and loss

through homicide may %e intense due to its sudden and #iolent nature.

(Solicitorad#ice.com$ n.d"

1.+.+ &omicide refers to criminal and noncriminal #ustifiable!

murder. 9egal systems ma(e distinctions between (illing to prevent a

serious felony, a heinous crime, or self'defense, are considered

#ustifiable. Criminal homicide is committed intentionally, or as a result

of the commission of another crime, or due to rec(lessness, emotional

outburst, or provocation. olicitoradvice.com, n.d!

1.+. ection -- of the "enal Code

1.+.1 It is important to see( medical andGor psychological treatment

if you feel depressed, an*ious, and suicidal or if you are having

problems accepting and ad#usting following the loss of a loved one

through homicide. olicitoradvice.com, n.d!

1.+.2 6rom a legal perspective, you may be eligible for

compensation if you have lost someone through homicide.

Compensation laws vary from tate to tate, and it is important that

you see( e*pert legal advice from a lawyer in your tate.


1.+.4 6amily members are generally entitled to a lump sum amount

determined by legislation relevant in each tate. Compensation may

also be awarded to pay for funeral or other e*penses including

counselling! from the death of a family member where the death was

caused in circumstances constituting murder or manslaughter.

http://en.wikipedia.org/wiki/Penal_Code_(Singapore)http://en.wikipedia.org/wiki/Penal_Code_(Singapore)


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1. In %merican system, murder charges re)uire intent, or malice aforethought including,

transferred intent one who does not intend to murder, but (ills another person due to

rec(lessness endangerment!. Aari able Furns, n.d!

1..+ California "enal Code +5

1.. %ccording to the 6FI Child %bduction and erial Ailler Enit,

child abduction and serial homicide are the most serious violent

crimes in the E. &omicide is the second leading cause of death for

persons +4 ' 2 years of age and the leading cause of death for

%frican'%merican and &ispanics in the same age group. 6or every

violent death, there are +00 nonfatal in#uries caused by violence. Aari

able Furns, n.d!

1..1 3uropean civil'law places greater emphasis on the conduct

and circumstances of the act. Fodily in#ury and negligence resulting in

death are heavily penaliHed. Aari able Furns, n.d!

1..2 In +-88, a twenty'four'year'old sailor named :ichard pec(

committed one of the most shoc(ing crimes in %merican history.

Intruding into a dormitory of female student nurses, he tied up nine

women, and then systematically murdered eight of them. Aari ableFurns, n.d!

1..4 Ender Islamic law, no distinction is made between civil and

criminal law. urder is a civil infraction. $he family of the murdered or

their pro*y is allowed to (ill the murderer or accept compensation,

from the (iller or their family. 6inancial compensation and an act of

contrition must be made In accidental death. Aari able Furns, n.d!


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BEL 342- ENGLISH FOR PRE DEGREE LAW II

OUTLINES

LEGAL PAPER Should Vici!" o# $%i!& '& $o!(&)"*&d+,(l*i)-

"repared for ' r uriya Aumar

"repared by ' Dur &afiHa Finti /uni

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+,T- ARDS

,R//+A T-2T PARAP)ARAS-

+. %ll people that have been sub#ect to

almost any type of physical or emotional

stress due the rec(lessness of another may

be eligible to ac)uire compensation. /ohn

"ar(s, 0++!

%ccording to /ohn "ar(s 0++!, all people

are entitled to obtain damages if they are

sub#ect to almost any forms of bodily or

mentally harm due to another person@s

irresponsibility.

. 6or e*ample, a person who has suffers

an an*iety disorder after a home invasion or

an armed robbery can be compensated even

if they were not physically harmed. 9egal

ervice Commision, n.d!

uch as, anyone who has undergone a fear

syndrome as a result of house invasion or

e)uipped burglary may be remunerated even

if they were not bodily affected. 9egal

ervice Commision, n.d!

1. e*ual assault occurs when someone

commits a se*ual act with or towards another

person without his or her consent.


Fased on olicitoradvice.com n.d!, se*ual

attac( happens once somebody performs a

se*ual action together or to another person

without their free will.

2. $he statistics on se*ual assault on women

certainly demand government action. Fut a

?scheme@ without the force of law is #ust an

ad hoc measure that can be withdrawn with

a change of government, say

activists. &industan $imes, 0++!

$he &industan $imes 0++! stated that the

statistics on se*ual attac( on female surely

re)uires a government act. &owever, a

?scheme@ with no strict regulation is an

unplanned step that may be removed with a

change of government, say protesters.

4. In %merican systems, murder charges

re)uire intent, or malice a fore thought

including, transferred intent one who does

not intend to murder, but (ills another person

due to rec(lessness endangerment!. Aari

able Furns, n.d!

% study by Aari able Furns n.d! stated that

in %merican systems, homicide accusers

need aim, or hatred a fore thought as well

as, transferred intent someone which have

no intent to (ills, nevertheless murder

another people because of putting their self

in danger.

Legal Outline 2

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