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Showing posts from February, 2016

VICTIMOLOGY

Victimology is a new branch of criminal law which has developed along with the modernization of laws in the society. It implies compensating the victim for the wrong committed against him because of which he has suffered some injury or loss. Earlier the whole stress of the judicial system was on punishing the offender and compensating the victim was considered to be wholly a prerogative of civil law e.g. law of torts, law of Contract etc.  But as the society has developed a greater emphasis has been now laid down on compensating the victims of crime also. The recent amendment (section 357A: Victim compensation scheme) in the Criminal procedural law of India i.e. The Code of Criminal Procedure, 1974 is an example of it.  

CRIMINOLOGY

Criminology implies scientific study of the non legal aspects of crime and delinquency, including its causes, correction, and prevention, from the viewpoints of such diverse disciplines as anthropology, biology, psychology and psychiatry, economics,sociology, and statistics. Viewed from a legal perspective, the term  crime  refers to individual criminal actions and the societal response to those actions (e.g., an imprisonment of three years). By comparison, the field of criminology incorporates and examines broader knowledge about crime and criminals

Principle of criminality

Actus me invito factus, non est meus actus: it implies an act done against my will is not my act at all... Actus non facit reum, nisi mens sit rea: it implies the act does not make( the performer of it) a criminal, unless there be also criminal intention.

Features of American Constitution

American model is a true federal model. Its constitution has following features: Written and brief constitution Popular sovereignity Supremacy of constitution Establishment of limited government Federal form of government Rigid constitution Presidential form of government Dual citizenship Seperate constitutions of the states Republican form of government Doctrine of seperation of powers Doctrine of checks and balances Fundamental rights Independent and supreme judiciary judicial review power with the courts Bicameral legislation

Features of British Constitution

The main features of British constitution can be listed as below: Evolved constitution Very flexible Limited monarchy Rule of law Two executive heads of state Parliamentry form of government Unitary form of government Bicameralism King in parliament is sovereign Supremacy of parliament Crown is fountain of justice Crown is fountain of honour Unwritten constitution Bi party system Non independent judiciary Constitution is a child of accident and design Theory of checks and balances

Role of media in democracy

MEDIA AND DEMOCRACY The function of law must be to find out ways and means to restore public debate and free flow of information through the media. This may need restricting of monopoly trends in the media business and relevant laws to protect journalists, writes Dr. S. Sivakumar Introduction The role of the media is vital in generating a democratic culture that extends beyond the political system and becomes engrained in the public consciousness over time. It is through the media that people share their experience, learn and become aware. It is how a constructive political debate about options and policies develops. The media right is exercised in public and therefore has greater effect vis-à-vis what a person says privately. In order for the media to fulfill this function, it must guarantee its objectivity; the journalist should always be a neutral observer, unengaged with events but faithfully recording them. Freedom of the media is indeed an integral part of the freed...

rule of strict liability

This was for the first time laid down by the court in the famous case of  Rylands v Fletcher  [1868]. In 1860,  John Rylands  paid contractors to build a reservoir on his land, intending that it should supply the Ainsworth Mill with water. Rylands played no active role in the construction, instead of contracting out to a competent engineer. While building it, the contractors discovered a series of old coal shafts and passages under the landfilled loosely with soil and debris, which joined up with Thomas Fletcher's adjoining mine.  Rather than blocking these shafts up, the contractors left them.  On 11 December 1860, shortly after being filled for the first time, Rylands's reservoir burst and flooded Fletcher's mine, the Red House Colliery, causing £937 worth of damage.  Fletcher pumped the water out, but on 17 April 1861, his pump burst, and the mine again began to flood. At this point, a mines inspector was brought in, and the sunken coal shafts we...

Features of Constitution of india

The constitution of india came into force on 26th of january 1950..  Its main features can be listed as: Lengtheist written constitution. Single citizenship Fundamental rights Fundamental duties Multi party system Two heads of state nominal is president and real is prime minister Parliamentry form of government Universal adult franchise Blend of rigidity and flexiîbility Quasi federal form of government Independence of judiciary Doctrine of judicial review Concept of rule of law Supremacy of constitution.  Directive principles of state policy A bag of borrowings

Principle of legality

Nullem crimen sine lege Nulla poena sine lege.. It means that no person can be punished for any act except in accordance with law.. It further implies that there can be no crime or punishment except in accordance to a pre- determined and fixed law.. This principle incorporates four basic rules namely: 1. Non retro-activity of penal laws 2. Strict construction of penal laws 3. Certainity of legislation 4. Accessibility of laws to general public.  

What is law ?

Law implies lawyers at work..