14. Further offences under the Theft Acts

Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter discusses the several offences in the Theft Acts 1968 and 1978, including: making off without payment; burglary (including discussion of the key terms ‘entry as a trespasser’, ‘building’, and the ulterior offences); aggravated burglary (burglary committed when the person has with them a firearm or imitation firearm, or offensive weapon); blackmail; handling stolen goods; and dishonestly retaining a wrongful credit. The feature ‘The law in context’ feature examines how burglars are sentenced, including the applicable sentencing guidelines, the evolution of relevant case law, and the ‘three strikes and you’re out’ mandatory sentence.

Analysis of Dangerous Mistakes in Discussion Activities

This study aims to describe the analysis of language errors of Baubau 3 High School students in class discussion activities. The research design is descriptive qualitative. Research data analyzes language errors in class discussion activities in the form of use of intonation / tone, diction (choice of words), and sentence structure.The results showed that the form of language error analysis in class X of SMA Negeri 3 Baubau in class discussion activities was the use of intonation consisting of: high intonation, moderate intonation and low intonation. The use of diction (word choice) which consists of: the use of synonymous words, the use of denotation and connotation words, the use of foreign words or terms, the use of popular words and study words, and the use of words of conversation and slang. The use of sentence structure consists of: the use of compulsory sentence structures and the use of sentence structures are not mandatory (where they like). Based on the data obtained regarding the analysis of language errors in class X students in class discussion activities, it can be said that in the use of intonation there are errors in the form of high intonation of 11, intonation is not there and intonation is low as many as 16 errors. In the use of diction there are errors in the use of 40 synonymous words, use of denotations and connotations of 41, use of foreign words or terms as many as 14, use of popular words and study words as many as 3, and the use of 120 words of conversation and slang. Furthermore, the use of sentence structures has errors in the form of mandatory sentence structures that do not exist, and in the sentence structure is not mandatory as many as 156 errors.

The Complexities of Criminal Responsibility and Persons With Intellectual and Developmental Disabilities: How Can Therapeutic Jurisprudence Help?

This article examines issues regarding legal capacity and criminal responsibility relating to persons with intellectual and developmental disabilities (IDD). We examined the case of a 28-year-old male identified as having the mental age of an 8-year-old, accused of four counts of possessing child pornography in Ontario, Canada. If convicted, the offenses carried a minimum mandatory sentence of 1-year imprisonment. The defense attorney argued that since persons are not criminally responsible when they are chronologically less than 12 years old, the same ought to be extended to those with a mental age of less than 12. The Crown prosecutor asserted that the defense’s connection of disability to a lack of capacity reverts our conceptualization of persons with IDD back to a time when they were infantilized. Using therapeutic jurisprudence as a framework, we examined whether problem-solving courts (e.g., mental health court) could be used to address the needs of a person with IDD and offer a different understanding and potential solution to nonjudicial decision makers that satisfies the principles of both criminal responsibility and public safety.

6. Homicide 1: murder

This chapter, which examines homicide law in Great Britain, focusing on murder, explains that the term homicide includes the offences of murder and manslaughter and can also be used to refer to other forms of statutory offences of killing. It clarifies that murder refers to intentional killings while manslaughter concerns unintentional killings, and discusses actus reus and mens rea elements of murder. The chapter discusses the sentence for murder under the Criminal Justice Act 2003 and comments on the justification for mandatory life sentence. It also reviews the most recent proposals for reform of murder and the mandatory sentence, and analyses court decisions in relevant cases.

14. Further offences under the Theft Acts

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses the following offences in the Theft Acts 1968 and 1978: making off without payment; burglary (including discussion of the key terms ‘entry as a trespasser’, ‘building’, and the ulterior offences); aggravated burglary; blackmail; handling stolen goods; and dishonestly retaining a wrongful credit. The Law in Context feature examines how burglars are sentenced, including the changing approach of the Court of Appeal, the ‘three strikes and you’re out’ mandatory sentence, and the publication of guidelines by the Sentencing Council.

Emerging Trends from the Resentencing of Capital Offenders in Malawi

In 2007, the High Court of Malawi, sitting as a constitutional court, declared that the mandatory sentence of death for murder was unconstitutional. At the time of the High Court’s invalidation of the mandatory death penalty, Malawi’s prisons had over 190 prisoners serving their sentences as a result of the imposition of the mandatory death penalty. Some of these prisoners were on death row, while others had their sentences commuted to life imprisonment. When the mandatory death penalty was declared unconstitutional, the High Court also directed that all prisoners serving their sentences for murder should be brought before the High Court so that they could receive individual sentences taking into account the circumstances of the offense, the offender, as well as the interests of the victim(s). This paper interrogates the application of the sentencing discretion that was introduced with the outlawing of the mandatory death penalty in Malawi. Specifically, the paper analyzes decisions that have emerged from the resentencing of capital offenders in so far as judges have either considered or refused to consider the relevance of post-conviction factors during the resentencing. It is this paper’s central finding that a refusal to consider post-conviction factors, as some judges held, was not only unjustified but was also contrary to Malawi’s Criminal Procedure and Evidence Code and the Constitution of the Republic of Malawi. This refusal, the paper argues, resulted in sentencing discrepancies as well as a failure to properly utilize the discretion vested in the courts for purposes of sentencing.

6. Homicide 1: murder

This chapter, which examines homicide law in Great Britain, focusing on murder, explains that the term homicide includes the offences of murder and manslaughter and can also be used to refer to other forms of statutory offences of killing. It clarifies that murder refers to intentional killings while manslaughter concerns unintentional killings, and discusses actus reus and mens rea elements of murder. The chapter discusses the sentence for murder under the Criminal Justice Act 2003 and comments on the justification for mandatory life sentence. It also reviews the most recent proposals for reform of murder and the mandatory sentence, and analyses court decisions in relevant cases.

For and Against Clemency

Clemency tends to make philosophers of punishment uncomfortable, whatever their predilections. For retributivists it is problematic because it threatens equality of treatment and introduces disproportionality. For utilitarians it is problematic because it involves a departure from what would best serve society. A mandatory sentence for murder moves the locus of clemency to the executive. This chapter examines the arguments for and against executive clemency. The views of Kant and Beccaria are canvassed. Unlike the rest of the book, the analysis here has no particular jurisdictional anchor. Like the rest of the book, the issues of concern are apposite beyond the context in which they are raised. Having reviewed competing claims as to the desirability and necessity of clemency, the suitability to the task at hand of the proposed tripartite scheme—which argues that clemency can be understood in terms of justice, mercy (differentiated from ‘pseudo mercy’), or caprice—is clarified.

INTERFERENSI BAHASA BUGIS DALAM PENGGUNAAN BAHASA INDONESIA LISAN MAHASISWA JURUSA PENDIDIKAN BAHASA DAN SASTRA INDONESIA FKIP UNISMUH MAKASSAR

This study aims to describe the forms of syntactic interference in the use of Indonesian spoken Indonesian Student Department of Language Education and Literature Indonesia, FKIP Unismuh Makassar. The data in this study were obtained from oral speech that meet the criteria: (1) native speakers of Bugis language, (2) have studied Bugis language, (3) being open, friendly, and not easily offended. The data in this study were collected through observation, interview, and elicitation techniques. Further analyzed by using contrastive analysis to find forms of syntactic interference then incorporated into syntactic patterns. From the results of this research data analysis obtained some form of Bugis language syntax interference in the use of Indonesian language oral Indonesian Department of Education and Literature FKIP Unismuh Makassar which includes: (1) subject dating, (2) word order, (3) use of pronouns (4) the use of the same agentive particles to replace the agentive particles by, (5) the use of the same particles to represent to, (6) the use of the same particles to represent with, (7) the use of the proposition particles in to replace the prepositioned particles to. (8) the use of preposition particles in to express the preposition particles in, (9) the use of preposition particles in to express the preposition particles of (10) the date of the particle in to time, (11) the use of the new word as the sentence word, the preposition dating by in passive mandatory sentence, (13) denial at the beginning of the sentence. (14) the use of pronouns.