Plain view doctrine

Through the Stand Your Ground Law hundreds of criminals walk away from murder with no sentencing or punishment. Due to its many flaws a murder can walk free. Abused by most people, the law allows for someone to kill in cold blood and simply plead self-defense. The Stand Your Ground Law could have been beneficial in many cases but the constant use of abuse to avoid incarceration is appalling. A law intended to protect our rights and property was written so poorly that it could be twisted in the…

has a clean record should have their concealed carry permit, so anyone can protect their self if any of these situations happen to them. Ohio passes the “ stand your ground” law in the early 1900’s. This law is just a section off of the castle law doctrine, which means you can “ stand your…

The definition of self-defense given by the common law is “The right of a person to protect oneself with reasonable force against another person who is threatening to inflict force upon one 's person.” Correspondingly, the duty to retreat is “The doctrine holding that a victim of a deadly assault must attempt to safely retreat before using deadly force in self-defense;” thus, Maryland does not have a stand your ground law. However, if one enters someone’s home or establishment, with the intent…

Answer As Sarah Christie said in ‘An Introduction to Scots Criminal Law’: “So far as offences against society are concerned, breach of the peace is perhaps the most broadly defined and frequently used” . The courts still refer to Hume’s definition in which he: “considered a breach of the peace to be less than mobbing and rioting but tending to disturb and alarm the neighbourhood.” However, as it is a common-law crime the definition has developed through case law. The main issue in the present…

compensation. The law commission report states that the literal rule assumed ‘an unattainable perfection in draftmanship’, and ‘ignores the limitations of language, Thus, ‘not infrequently’’ even the house of lords have differed over the ‘so-called “plain meaning” of…

According to Merriam-Webster online, a rule is defined as, “a usually written order or direction made by a court regulating court practice or the action or parties, or a legal precept or doctrine.” Rules are a necessity for civilized society because without them everything would turn to chaos. Without rules and guidelines set by the government, people could do whatever they want whenever they want without any consequences. In Lord of The Flies, proper rules and punishments weren’t applied and…

Under the literal rule words will be given a plain and ordinary meaning. This can be illustrated in the case of Whiteley v Chappell [1868] 4 LR QB 147 in which the defendant was charged under a statue that made it an offence 'to impersonate any person entitled to vote’ and was acquitted due to the…

Neser first contends that the Board erred in looking beyond the text of the HCGPP to glean the intent of the provision involving call-in pay. Neser argues that the text is unambiguous, and as such the Board was unjustified in looking to extrinsic sources to discern the HCGPP’s meaning. We disagree. “‘The first step in determining legislative intent is to look at the statutory language and if the words of the statute, construed according to their common and everyday meaning, are clear and…

The implementation of the Vicious Lawless Associate Disestablishment (VLAD) Act in 2013 saw the execution of strong mandatory sentences for those identified as vicious lawless associates who have participated in declared offences . While these laws are aimed at increasing public protection and safety through the disestablishment of criminal gangs, it is argued that VLAD act violates the rights of certain associations throughout Queensland whilst also disregarding principles of the Rule of Law .…

Many famous works of literature draw upon the world’s most famous book for plot devices, character traits, and over-arching motifs. John Milton’s epic poem Paradise Lost is a complete retelling of the story of Adam and Eve. C.S. Lewis’s The Chronicles of Narnia and, more recently, J.K. Rowling’s Harry Potter both feature Christ-like sacrifices at one point in these series. For centuries, literary writers have toyed with adding Christian themes to their works, even if subtly. Lord of the Flies by…