1.
Crime
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In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term crime does not, in criminal law, have any simple and universally accepted definition. The most popular view is that crime is a created by law, in other words, something is a crime if declared as such by the relevant. One proposed definition is that a crime or offence is an act not only to some individual. Such acts are forbidden and punishable by law, the notion that acts such as murder, rape and theft are to be prohibited exists worldwide. What precisely is an offence is defined by criminal law of each country. While many have a catalogue of crimes called the criminal code, the state has the power to severely restrict ones liberty for committing a crime. In modern societies, there are procedures to which investigations and trials must adhere, usually, to be classified as a crime, the act of doing something criminal must – with certain exceptions – be accompanied by the intention to do something criminal. While every crime violates the law, not every violation of the law counts as a crime, breaches of private law are not automatically punished by the state, but can be enforced through civil procedure. With institutional and legal machinery at their disposal, agents of the State can compel populations to conform to codes, authorities employ various mechanisms to regulate certain behaviors in general. In addition, authorities provide remedies and sanctions, and collectively these constitute a criminal justice system, Legal sanctions vary widely in their severity, they may include incarceration of temporary character aimed at reforming the convict. Some jurisdictions have penal codes written to inflict permanent harsh punishments, legal mutilation, usually a natural person perpetrates a crime, but legal persons may also commit crimes. Conversely, at least under U. S. law, nonpersons such as animals cannot commit crimes, the sociologist Richard Quinney has written about the relationship between society and crime. When Quinney states crime is a phenomenon he envisages both how individuals conceive crime and how populations perceive it, based on societal norms. The word crime is derived from the Latin root cernō, meaning I decide, originally the Latin word crīmen meant charge or cry of distress. The Ancient Greek word krima, from which the Latin cognate derives, typically referred to a mistake or an offense against the community. In 13th century English crime meant sinfulness, according to etymonline. com and it was probably brought to England as Old French crimne, from Latin crimen. In Latin, crimen could have signified any one of the following, charge, indictment, accusation, crime, fault, the word may derive from the Latin cernere – to decide, to sift
2.
Jurisdiction
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Jurisdiction is the practical authority granted to a legal body to administer justice within a defined area of responsibility, e. g. Michigan tax law. In federations like the U. S. areas of jurisdiction apply to local, state, colloquially it is used to refer to the geographical area to which such authority applies, e. g. the court has jurisdiction over all of Colorado. The legal term refers only to the authority, not to a geographical area. International laws and treaties provide agreements which nations agree to be bound to, supranational organizations provide mechanisms whereby disputes between nations may be resolved through arbitration or mediation. When a country is recognized as de jure, it is an acknowledgment by the de jure nations that the country has sovereignty. However, it is often at the discretion of each nation whether to co-operate or participate, if a nation does agree to participate in activities of the supranational bodies and accept decisions, the nation is giving up its sovereign authority and thereby allocating power to these bodies. The fact that organizations, courts and tribunals have been created raises the difficult question of how to co-ordinate their activities with those of national courts. But, to invoke the jurisdiction in any case, all the parties have to accept the prospective judgment as binding. This reduces the risk of wasting the Courts time, each such group may form transnational institutions with declared legislative or judicial powers. For example, in Europe, the European Court of Justice has been given jurisdiction as the appellate court to the member states on issues of European law. This jurisdiction is entrenched and its authority could only be denied by a member if that member nation asserts its sovereignty. Hence, in the Netherlands, all treaties and the orders of international organizations are effective without any action being required to convert international into municipal law, in nations adopting this theory, the local courts automatically accept jurisdiction to adjudicate on lawsuits relying on international law principles. Otherwise the courts have a discretion to apply international law where it does not conflict with statute or the common law. According to the Supreme Court of the United States, the treaty power authorizes Congress to legislate under the Necessary and this concerns the relationships both between courts in different jurisdictions, and between courts within the same jurisdiction. The usual legal doctrine under which questions of jurisdiction are decided is termed forum non conveniens, to deal with the issue of forum shopping, nations are urged to adopt more positive rules on conflict of laws. In addition, the Lugano Convention binds the European Union and the European Free Trade Association, council Regulation 44/2001 now also applies as between the rest of the EU Member States and Denmark due to an agreement reached between the European Community and Denmark. In some legal areas, at least, the CACA enforcement of judgments is now more straightforward. At a national level, the rules still determine jurisdiction over persons who are not domiciled or habitually resident in the European Union or the Lugano area
3.
Felony
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The term felony, in some common law countries, means a serious crime. The word originates from English common law, where felonies were originally crimes that involved confiscation of a persons land. Many common law countries have now abolished the distinction and replaced it with other distinctions. A felony is generally considered a crime of high seriousness, while a misdemeanor is not, a person who has committed a felony is a felon, and upon conviction of a felony in a court of law is known as a convicted felon or a convict. In the United States, where the distinction is still widely applied. If punishable by one year or less, it is classified as a misdemeanor. Note that the prison sentence handed out has no effect on this. For example, if a person is sentenced to six months, individual states may differ in this definition, using other categories as seriousness or context. Similar to felonies in some civil law countries are delicts, whereas in others crimes and delicts, larceny or theft above a certain statutorily established value or quantity of goods Vandalism on federal property. Some offenses, though similar in nature, may be felonies or misdemeanors depending on the circumstances, for example, the illegal manufacture, distribution or possession of controlled substances may be a felony, although possession of small amounts may be only a misdemeanor. Additionally, driving while intoxicated in some states may be a misdemeanor if a first offense, in the course of the 20th century, however, American jurisdictions eliminated the distinction among the first three categories. Gonzales v. Duenas-Alvarez,549 U. S.183, a felony may be punishable with imprisonment for two or more years or death in the case of the most serious felonies, such as murder. Indeed, at law when the British and American legal systems divorced in 1776. Standards for measurement of an offenses seriousness include attempts to quantitatively estimate, in some states, all or most felonies are placed into one of various classes according to their seriousness and their potential punishment upon conviction. The number of classifications and the corresponding crimes vary by state and are determined by the legislature, usually, the legislature also determines the maximum punishment allowable for each felony class, doing so avoids the necessity of defining specific sentences for every possible crime. For example, Virginia classifies most felonies by number, ranging from Class 6 through Class 2 up to Class 1, some felonies remain outside the classification system. New York State classifies felonies by letter, with some divided into sub-classes by Roman numeral, classes range from Class E through Classes D, C, B. Massachusetts classifies felony as an offense that carries any prison time, ohio classifies felonies by degree ranging from first, second, third, fourth, to fifth degree
4.
Criminal offence
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In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term crime does not, in criminal law, have any simple and universally accepted definition. The most popular view is that crime is a created by law, in other words, something is a crime if declared as such by the relevant. One proposed definition is that a crime or offence is an act not only to some individual. Such acts are forbidden and punishable by law, the notion that acts such as murder, rape and theft are to be prohibited exists worldwide. What precisely is an offence is defined by criminal law of each country. While many have a catalogue of crimes called the criminal code, the state has the power to severely restrict ones liberty for committing a crime. In modern societies, there are procedures to which investigations and trials must adhere, usually, to be classified as a crime, the act of doing something criminal must – with certain exceptions – be accompanied by the intention to do something criminal. While every crime violates the law, not every violation of the law counts as a crime, breaches of private law are not automatically punished by the state, but can be enforced through civil procedure. With institutional and legal machinery at their disposal, agents of the State can compel populations to conform to codes, authorities employ various mechanisms to regulate certain behaviors in general. In addition, authorities provide remedies and sanctions, and collectively these constitute a criminal justice system, Legal sanctions vary widely in their severity, they may include incarceration of temporary character aimed at reforming the convict. Some jurisdictions have penal codes written to inflict permanent harsh punishments, legal mutilation, usually a natural person perpetrates a crime, but legal persons may also commit crimes. Conversely, at least under U. S. law, nonpersons such as animals cannot commit crimes, the sociologist Richard Quinney has written about the relationship between society and crime. When Quinney states crime is a phenomenon he envisages both how individuals conceive crime and how populations perceive it, based on societal norms. The word crime is derived from the Latin root cernō, meaning I decide, originally the Latin word crīmen meant charge or cry of distress. The Ancient Greek word krima, from which the Latin cognate derives, typically referred to a mistake or an offense against the community. In 13th century English crime meant sinfulness, according to etymonline. com and it was probably brought to England as Old French crimne, from Latin crimen. In Latin, crimen could have signified any one of the following, charge, indictment, accusation, crime, fault, the word may derive from the Latin cernere – to decide, to sift
5.
Indictable offence
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In the United States, a crime of similar severity and rules is called a felony, which also requires an indictment. An either way offence allows the defendant to elect between trial by jury on indictment in the Crown Court and summary trial in a magistrates court. However, the election may be overruled by the court if the facts suggest that the sentencing powers of a magistrates court would be inadequate to reflect the seriousness of the offence. In relation to some indictable offences, for criminal damage. See section 64 of the Criminal Law Act 1977, grand juries were abolished in 1933. Some offences such as murder and rape are considered so serious that they can only be tried on indictment at the Crown Court where the widest range of sentencing powers is available to the judge, in United States, gross negligence can be counted as a indictable offence. The expression indictable-only offence was defined by section 51 of the Crime and Disorder Act 1998, as originally enacted, sections 51 and 52 of, and Schedule 3 to, that Act abolished committal proceedings for such offences and made other provisions in relation to them. When the accused is charged with an indictable offence, he or she will be tried in the Crown Court. The rules are different in England and Wales in respect of those under 18 years of age, see also section 14 of the Criminal Law Act 1977. Similarly in New Zealand, a rape or murder charge will be tried at the High Court, while less serious offences such as theft, however, the District Court can hold both jury and summary trials. For differences between indictable offences and summary offences see summary offences, in United States penal law, other than a felony, court findings of, or an act of gross negligence can be counted as a indictable offence. Federal crime Felony Indictment Summary offence
6.
India
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India, officially the Republic of India, is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and it is bounded by the Indian Ocean on the south, the Arabian Sea on the southwest, and the Bay of Bengal on the southeast. It shares land borders with Pakistan to the west, China, Nepal, and Bhutan to the northeast, in the Indian Ocean, India is in the vicinity of Sri Lanka and the Maldives. Indias Andaman and Nicobar Islands share a border with Thailand. The Indian subcontinent was home to the urban Indus Valley Civilisation of the 3rd millennium BCE, in the following millennium, the oldest scriptures associated with Hinduism began to be composed. Social stratification, based on caste, emerged in the first millennium BCE, early political consolidations took place under the Maurya and Gupta empires, the later peninsular Middle Kingdoms influenced cultures as far as southeast Asia. In the medieval era, Judaism, Zoroastrianism, Christianity, and Islam arrived, much of the north fell to the Delhi sultanate, the south was united under the Vijayanagara Empire. The economy expanded in the 17th century in the Mughal empire, in the mid-18th century, the subcontinent came under British East India Company rule, and in the mid-19th under British crown rule. A nationalist movement emerged in the late 19th century, which later, under Mahatma Gandhi, was noted for nonviolent resistance, in 2015, the Indian economy was the worlds seventh largest by nominal GDP and third largest by purchasing power parity. Following market-based economic reforms in 1991, India became one of the major economies and is considered a newly industrialised country. However, it continues to face the challenges of poverty, corruption, malnutrition, a nuclear weapons state and regional power, it has the third largest standing army in the world and ranks sixth in military expenditure among nations. India is a constitutional republic governed under a parliamentary system. It is a pluralistic, multilingual and multi-ethnic society and is home to a diversity of wildlife in a variety of protected habitats. The name India is derived from Indus, which originates from the Old Persian word Hindu, the latter term stems from the Sanskrit word Sindhu, which was the historical local appellation for the Indus River. The ancient Greeks referred to the Indians as Indoi, which translates as The people of the Indus, the geographical term Bharat, which is recognised by the Constitution of India as an official name for the country, is used by many Indian languages in its variations. Scholars believe it to be named after the Vedic tribe of Bharatas in the second millennium B. C. E and it is also traditionally associated with the rule of the legendary emperor Bharata. Gaṇarājya is the Sanskrit/Hindi term for republic dating back to the ancient times, hindustan is a Persian name for India dating back to the 3rd century B. C. E. It was introduced into India by the Mughals and widely used since then and its meaning varied, referring to a region that encompassed northern India and Pakistan or India in its entirety
7.
Jury
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A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in Anglophone jurisdictions, the verdict may be guilty or not guilty. The old institution of grand juries still exists in places, particularly the United States. The modern criminal court jury arrangement has evolved out of the juries in England. Members were supposed to inform themselves of crimes and then of the details of the crimes and their function was therefore closer to that of a grand jury than that of a jury in a trial. The word jury derives from Anglo-Norman juré, Juries are most common in common law adversarial-system jurisdictions. In the modern system, juries act as triers of fact, a trial without a jury is known as a bench trial. The petit jury hears the evidence in a trial as presented by both the plaintiff and the defendant, after hearing the evidence and often jury instructions from the judge, the group retires for deliberation, to consider a verdict. The majority required for a verdict varies, in some cases it must be unanimous, while in other jurisdictions it may be a majority or supermajority. A jury that is unable to come to a verdict is referred to as a hung jury, the size of the jury varies, in criminal cases involving serious felonies there are usually 12 jurors. In civil cases many trials require fewer than twelve jurors, grand juries carry out this duty by examining evidence presented to them by a prosecutor and issuing indictments, or by investigating alleged crimes and issuing presentments. A grand jury is traditionally larger than and distinguishable from the jury used during a trial. It is not required that a suspect be notified of grand jury proceedings, grand juries can also be used for filing charges in the form of a sealed indictment against unaware suspects who are arrested later by a surprise police visit. In addition to their role in screening criminal prosecutions and assisting in the investigation of crimes, grand juries in California, Florida. A third kind of jury, known as a jury can be convened in some common law jurisdiction in connection with an inquest by a coroner. A coroner is an official, who is charged with determining the circumstances leading to a death in ambiguous or suspicious cases. A coroners jury is generally a body that a coroner can convene on a basis in order to increase public confidence in the coroners finding where there might otherwise be a controversy. Serving on a jury is normally compulsory for individuals who are qualified for jury service, a jury is intended to be an impartial panel capable of reaching a verdict
8.
Code of Criminal Procedure, 1973
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The Code of Criminal Procedure is the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974, additionally, it also deals with public nuisance, prevention of offences and maintenance of wife, child and parents. At present, the Act contains 484 Sections,2 Schedules and 56 Forms, the Sections are divided into 37 Chapters. In medieval India, subsequent to the conquest by the Muslims, the British rulers passed the Regulating Act of 1773 under which a Supreme Court was established in Calcutta and later on at Madras and in Bombay. The Supreme Court was to apply British procedural law while deciding the cases of the Crown’s subjects, after the Rebellion of 1857, the crown took over the administration in India. The Criminal Procedure Code,1861 was passed by the British parliament, the 1861 code continued after independence and was amended in 1969. It was finally replaced in 1972, cognizable offences are those offences for which a police officer may arrest without court mandated warrant in accordance with the first schedule of the code. For non-cognizable cases the police officer may arrest only after being authorized by a warrant. Non-cognizable offences are, generally, relatively less serious offences than cognizable ones, cognizable Offences reported under section 154 Cr. P. C while Non-Cognizable Offences reported under section 155 Cr. P. C. For Non-Cognizable Offences the Magistrate empowered to take cognizance under section 190 Cr. P. C, under section 156 Cr. P. C the Magistrate is competent to direct the police to register the case, investigate the same and submit the challan/report for cancellation. Under Section 204 of the code, a Magistrate taking cognizance of an offence is to issue summons for the attendance of the if the case is a summons case. If the case appears to be a warrant case, he may issue a warrant or summons, Section 2 of the Code defines summons-case as, a case relating to an Offence, and not being a warrant-case. Section 2 of the Code defines warrant-case as, a case relating to an Offence punishable with death, the Criminal Procedure Code is applicable in the whole of India except in the State of Jammu and Kashmir. The Parliaments power to legislate in respect of Jammu & Kashmir is curtailed by Article 370 of the Constitution of India. The Courts of Judicial Magistrate of First Class may pass a sentence of imprisonment for a term not exceeding three years, or of not exceeding ten thousand rupees, or of both. The Courts of Judicial Magistrate of Second Class may pass a sentence of imprisonment for a term not exceeding one year, or of not exceeding five thousand rupees. The State Government has the power to make certain offences bailable or non-bailable in their respective States, Section 260 Clause 2 of the Code lists certain offences which may be summarily tried by any Chief Judicial Magistrate, any Metropolitan Magistrate or any Judicial Magistrate First Class. A First Class Magistrate must first be authorised by the respective High Court to that effect before he may try cases summarily under this Section
9.
England and Wales
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The devolved National Assembly for Wales was created in 1999 by the Parliament of the United Kingdom under the Government of Wales Act 1998 and provides a degree of self-government in Wales. The powers of the Assembly were expanded by the Government of Wales Act 2006, which allows it to pass its own laws, there is no equivalent body for England, which is directly governed by the Parliament and the government of the United Kingdom. During the Roman occupation of Britain, the area of present-day England and Wales was administered as a single unit, at that time, most of the native inhabitants of Roman Britain spoke Brythonic languages, and were all regarded as Britons, divided into numerous tribes. After the conquest, the Romans administered this region as a single unit and this aimed to replace Welsh criminal law with English law. Welsh law continued to be used for civil cases until the annexation of Wales to England in the 16th century, the Laws in Wales Acts 1535–1542 then consolidated the administration of all the Welsh territories and incorporated them fully into the legal system of the Kingdom of England. Prior to 1746 it was not clear whether a reference to England in legislation included Wales and this specified that in all prior and future laws, references to England would by default include Wales. The Wales and Berwick Act was repealed in 1967, although the definition of England it created is preserved for acts passed prior to its repeal. Since the Acts repeal what was referred to as England is now England and Wales, while references to England, England and Wales are treated as a single unit, for most purposes, because the two form the constitutional successor to the former Kingdom of England. The continuance of Scots law was guaranteed under the 1706 Treaty of Union that led to the Acts of Union 1707, thus, most laws applicable to England also applied to Wales. However, Parliament now passes laws applicable to Wales and not to England, examples are the Welsh Language Acts 1967 and 1993 and the Government of Wales Act 1998. Measures and Acts of the National Assembly for Wales passed since the Government of Wales Act 2006 also apply in Wales, following the Government of Wales Act, effective since May 2007, the National Assembly for Wales can legislate on matters devolved to it. Following a referendum on 3 March 2011, the Welsh Assembly gained direct law-making powers and this was the first time in almost 500 years that Wales had its own powers to legislate. Each piece of Welsh legislation is known as an Act of the Assembly, outside of the legal system the position is mixed. Some organisations combine as England and Wales, others are separate, some religious denominations organise on the basis of England and Wales, most notably the Roman Catholic Church, but also small denominations, e. g. the Evangelical Presbyterian Church. Prior to the disestablishment of the Church in Wales in 1920, the Electoral Commission maintains a register of political parties, organised according to where the party operates. The order of precedence in England and Wales is distinct from those of Northern Ireland and Scotland, the national parks of England and Wales have a distinctive legislative framework and history. Courts of England and Wales Judiciary of England and Wales Cultural relationship between the Welsh and the English Geography of Wales Geography of England British Isles
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