Criminal Law and Historical Focus Essay Example | Topics and Well Written Essays - 2500 words

Criminal Law and Historical Focus - Essay Example (Landau, 2002) In presenting England's criminal law, Blackstone a common lawyer of earlier generation, chose not to highlight settled procedural distinctions and arcane terms, but instead he invoked a distinctive kind of legal wrong he identified as "public" in nature. The terms crime and criminal law, while enjoying wide linguistic currency, were not always the part of technical vocabulary of the law. In the medieval period, English law was explicitly differentiating between civil and criminal materials. And as is immediately disclosed by the titles of such works as Lord Kames "History of the criminal law" (1758) and William Eden's "Principles of penal law" (1771), eighteenth-century jurists certainly supposed there existed a general category of law that might serve as the object of their scholarly attention. English law, according to a familiar complaint, simply lacked much by way of system or coherent organization, particularly as compared with Roman law, which hitherto dominated university law studies and which set the relevant standard for juristic elegance. "It was thought impracticable to bring the Laws of England into a Method", explained by one of Blackstone's eighteenth-century precursors, "and therefore a Prejudice was taken up against the study of our Laws, even by Men of Parts and Learning". On this basis, English law along with the Canadian law was unable to become an object of rational learning, and instead had to be mastered through the practical, craft-like techniques of legal apprenticeship. Blackstone, as a lawyer was confident of the English law's credentials as a rational system, but the efforts of other lawyers were not considered "failure" to bring changes in the system after negotiations. Law Reform Law reform was supposed to be the one and only asset, exclusively the preserve of lawyers, and Bentham's combination of the wisdom of the reformer and the craft of the lawyer recognized its potential to divide the legal profession. The common lawyer's innate respect for existing institutions and his appreciation of the subtleties of the status quo not only made novelty in the early years of entering into the criminology, but also it particularize the concept of jurisdiction in the early years of reform, as an object of suspicion. The means and scope of amendment were a further cause for division, even after its need was established. There was a disturbing element of self-examination in law reform to which some lawyers found it difficult to respond with enthusiasm. The status quo would always find friends in influential positions, particularly in respect of criminal law reform amongst the judiciary. Law - A Profession towards Criminal Trial Process As the pace and scale of law reform increased it became an intense preoccupation of the legal profession and for the eighteenth century lawyers, acted as a charm to enter into such a jurisdiciary profession. It was the dominant theme of professional literature of that period that lasted the debate over the role of counsel and advocacy in the criminal trial, for a longer period of time and consideration in this work, could be traced in parliamentary debates, select committee minutes, the evidence and reports of the Criminal Law Commissioners, periodical and professional journals, biographies and other professional lite

Bayview case study Example | Topics and Well Written Essays - 2000 words

Bayview - Case Study Example Two main approaches are adopted by the students; copying from the internet as well as from their friends. Figures show that close to 57.0% of business students admitted to engaging in cheating activities against 47.0% of non business students. Currently the dean of the Collage of Business at Bayview University is concerned with such issues. This report is based on a research commissioned by the dean to help him and the university to make rational decisions concerning cheating. The report will analyze the collected data, discuss the findings and make recommendations for the dean regarding business student cheating on exams. Analysis and discussion a) All students Internet copying Exam copying Collaborated Cheated Number % Number % Number % Number % Yes 16 17.778 18 20.000 29 32.222 37 41.111 No 74 82.222 72 80.000 61 67.778 53 58.889 Total 90 100.000 90 100.000 90 100.000 90 100.000 From the above table, it can be seen that out of 90 students, 16 students admitted to have copied from internet. This translates to 17.78 %. The remaining 74 students who stand for 82.22% said they did not copy from internet. With regard to exam copying from other students, 18 students (20%) admitted to have engaged in the practice while 72 students, 80% did not. 32.22% of the students admitted to have collaborated with others in projects that were supposed to be done individually while 41.11% admitted to have engaged in at leastsome form of cheating in exams. b) Male students Internet copying Exam copying Collaborated Cheated Number % Number % Number % Number % Yes 7 14.583 9 18.7500 18 37.500 21 43.750 No 41 85.417 39 81.250 30 62.500 27 56.250 Total 48 100.000 48 100.000 48 100.000 48 100.000 From the table, 14.583% of the male students agreed to have copied from the internet and 18.75% admitted to have copied in exams. In addition, 37.5% of male students agreed to have collaborated with others in assignments that were supposed to be handled individually and 43.75% said they at le ast engaged in exam cheating. c) Female students Internet copying Exam copying Collaborated Cheated Number % Number % Number % Number % Yes 9 21.428 9 21.428 11 26.190 16 38.095 No 33 78.571 33 78.571 31 73.810 26 61.905 Total 42 100.000 42 100.000 42 100.000 42 100.000 From the table, 21.43% of female students that participated in the study indicated that they have at least copied from the internet. At the same time, 21.43% of the students also admitted to have copied in exams. 26.19% said they collaborated in the assignments which were supposed to be done individually and 38.10% of the students admitted to have cheated at one point. From the results, it can be seen that male students had a big percentage involved in at least some form of cheating at 43.75% as compared to only 38.095% of girls who engaged in at least some kind of exam cheating. Collaboration between students in the projects intended for individual efforts appear to be the students’ most preferred form of che ating leading with 32.222% of all students doing it. From the areas analysed, internet copying is the least popular form of copying with only 17.778% of all students doing it. The results also reveal that more girls engaged in internet copying at 21.428% as compared to male students where 14.583% were found to engage in internet copying. 1. 95% confidence intervals for proportions a) 95% confidence in