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Perjury
Perjury (also known as foreswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an instance of a person’s deliberately making material false or misleading statements while under oath. – Also termed false swearing; false oath; (archaically forswearing." Like most other crimes in the common law system, to be convicted of perjury one must have had the ''intention'' (''mens rea'') to commit the act and to have ''actually committed'' the act (''actus reus''). Further, statements that ''are facts'' cannot be considered perjury, even if they might arguably constitute an omission, and it is not perjury to lie about matters that are immaterial to the legal proceeding. Statements that entail an ''interpretation'' of fact are not perjury because people often draw inaccurate conclusions unwittingly or make honest mistakes without ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Subornation Of Perjury
In American law, Scots law, and under the laws of some English-speaking Commonwealth nations, subornation of perjury is the crime of persuading or permitting a person to commit perjury, which is the swearing of a false oath to tell the truth in a legal proceeding, whether spoken or written. U.S. Law In American federal law, Title provides: The term ''subornation of perjury'' further describes the circumstance wherein an attorney at law causes a client to lie under oath or, allows another party to lie under oath. In California law, per the state bar code, the subornation of perjury constitutes an act of "moral turpitude" on the part of the attorney, and thus, is cause for their disbarment, or for the suspension of their license to practice law. In legal practice As a crime, it has been defined as "persuading another to commit perjury." But "suborn" is more broadly defined. Amongst three definitions: to induce a person to commit a wrongful act ... esp. in a secret or underh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Perjury Act 1911
The Perjury Act 1911 (1 & 2 Geo 5 c 6) is an Act of the Parliament of the United Kingdom. It creates the offence of perjury and a number of similar offences. This Act has effect as if section 89 of the Criminal Justice Act 1967 and section 80 of the Civil Partnership Act 2004 were contained in this Act. Section 1 - Perjury This section creates the offence of perjury. Section 1A - False unsworn statement under Evidence (Proceedings in other Jurisdictions) Act 1975 This section was inserted by section 8(1) of, anSchedule 1to, the Evidence (Proceedings in other Jurisdictions) Act 1975. It provides: This offence is triable either way. A person guilty of this offence is liable, on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or to both, or, summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the prescribed sum, or to both. Section 7 - Aiders, abettors, suborners, etc Section 7(1) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Miscarriages Of Justice
A miscarriage of justice occurs when a grossly unfair outcome occurs in a criminal or civil proceeding, such as the conviction and punishment of a person for a crime they did not commit. Miscarriages are also known as wrongful convictions. Innocent people have sometimes ended up in prison for years before their conviction has eventually been overturned. They may be exonerated if new evidence comes to light or it is determined that the police or prosecutor committed some kind of misconduct at the original trial. In some jurisdictions this leads to the payment of compensation. Academic studies have found that the main factors contributing to miscarriages of justice are: eyewitness misidentification; faulty forensic analysis; false confessions by vulnerable suspects; perjury and lies stated by witnesses; misconduct by police, prosecutors or judges; and/or ineffective assistance of counsel (e.g., inadequate defense strategies by the defendant's or respondent's legal team). Some ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wrongful Execution
Wrongful execution is a miscarriage of justice occurring when an innocent person is put to death by capital punishment. Cases of wrongful execution are cited as an argument by opponents of capital punishment, while proponents say that the argument of innocence concerns the credibility of the justice system as a whole and does not solely undermine the use of the death penalty. A variety of individuals are claimed to have been innocent victims of the death penalty. Newly available DNA evidence has allowed the exoneration and release of more than 20 death-row inmates since 1992 in the United States, but DNA evidence is available in only a fraction of capital cases. At least 190 people who were sentenced to death in the United States have been exonerated and released since 1973, with official misconduct and perjury/false accusation the leading causes of their wrongful convictions. The Death Penalty Information Center (U.S.) has published a partial listing of wrongful executions th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mens Rea
In criminal law, (; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action (or lack of action) would cause a crime to be committed. It is considered a necessary element of many crimes. The standard common law test of criminal liability is expressed in the Latin phrase ,1 Subst. Crim. L. § 5.1(a) (3d ed.) i.e. "the act is not culpable unless the mind is guilty". As a general rule, someone who acted without mental fault is not liable in criminal law.". . . a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense." Model Penal Code § 2.02(1) Exceptions are known as strict liability crimes.21 Am. Jur. 2d Criminal Law § 127 Moreover, when a person intends a harm, but as a result of bad aim or other cause the intent is transferred from an intended victim to an unintended victim, the ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California Penal Code
The Penal Code of California forms the basis for the application of most criminal law, criminal procedure, penal institutions, and the execution of sentences, among other things, in the American state of California. It was originally enacted in 1872 as one of the original four California Codes, and has been substantially amended and revised since then. The entirety of the Penal Code is available for free aleginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=PEN History The Penal Code enacted by the California State Legislature in February 1872 was derived from a penal code proposed by the New York code commission in 1865 which is frequently called the Field Penal Code after the most prominent of the code commissioners, David Dudley Field II (who did draft the commission's other proposed codes). The actual drafter of the New York penal code was commissioner William Curtis Noyes, a former prosecutor. New York belatedly enacted the Field Penal Code in 1881. Prior to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oath
Traditionally an oath (from Anglo-Saxon ', also called plight) is either a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to give an affirmation instead. Nowadays, even when there is no notion of sanctity involved, certain promises said out loud in ceremonial or juridical purpose are referred to as oaths. "To swear" is a verb used to describe the taking of an oath, to making a solemn vow. Etymology The word come from Anglo-Saxon ' judicial swearing, solemn appeal to deity in witness of truth or a promise," from Proto-Germanic '' *aiþaz'' (source also of Old Norse eiðr, Swedish ed, Old Saxon, Old Frisian eth, Middle Dutch eet, Dutch eed, German Eid, Gothic aiþs "oath"), from PIE *oi-to- "an oath" (source also of Old Irish oeth "oath"). Common to Celtic and Germanic, possibly a loan-word from one to the other, but the history is obscure and it may ultimately ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Capacity
Legal capacity is a quality denoting either the legal aptitude of a person to have rights and liabilities (in this sense also called transaction capacity), or altogether the personhood itself in regard to an entity other than a natural person (in this sense also called legal personality). Natural persons Capacity covers day-to-day decisions, including: what to wear and what to buy, as well as, life-changing decisions, such as: whether to move into a care home or whether to have major surgery. As an aspect of the social contract between a state and its citizens, the state adopts a role of protector to the weaker and more vulnerable members of society. In public policy terms, this is the policy of '' parens patriae''. Similarly, the state has a direct social and economic interest in promoting trade, so it will define the forms of business enterprise that may operate within its territory, and lay down rules that will allow both the businesses and those that wish to contract with t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kenya
) , national_anthem = " Ee Mungu Nguvu Yetu"() , image_map = , map_caption = , image_map2 = , capital = Nairobi , coordinates = , largest_city = Nairobi , official_languages = Constitution (2009) Art. 7 ational, official and other languages"(1) The national language of the Republic is Swahili. (2) The official languages of the Republic are Swahili and English. (3) The State shall–-–- (a) promote and protect the diversity of language of the people of Kenya; and (b) promote the development and use of indigenous languages, Kenyan Sign language, Braille and other communication formats and technologies accessible to persons with disabilities." , languages_type = National language , languages = Swahili , ethnic_groups = , ethnic_groups_year = 2019 census , religion = , religion_year = 2019 census , demonym ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crimes Act 1961
The Crimes Act 1961 is an act of New Zealand Parliament that forms a leading part of the criminal law in New Zealand. It repeals the Crimes Act 1908, itself a successor of the Criminal Code Act 1893. Most crimes in New Zealand are created by the Crimes Act, but some are created elsewhere. All common law offences are abolished by section 9, as are all offences against acts of the British Parliaments, but section 20 saves the old common law defences where they are not specifically altered. The Crimes Act is administered by the Ministry of Justice. The act has 14 parts dealing with various issues including jurisdiction, punishments, "matters of justification and excuse", crimes against the public order, crimes affecting the administration of law and justice, "crimes against morality and decency, sexual crimes, and crimes against public welfare", "crimes against the person", property crimes, and "threatening, conspiring and attempting to commit and offense." Over the years, the l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Justice Of The European Communities (Perjury) Act 1975
The Court of Justice of the European Union (CJEU) (french: Cour de justice de l'Union européenne or "''CJUE''"; Latin: Curia) is the judicial branch of the European Union (EU). Seated in the Kirchberg quarter of Luxembourg City, Luxembourg, this EU institution consists of two separate courts: the Court of Justice and the General Court. From 2005 to 2016 it also contained the Civil Service Tribunal. It has a '' sui generis'' court system, meaning ’of its own kind’, and is a supranational institution. The CJEU is the chief judicial authority of the European Union and oversees the uniform application and interpretation of European Union law, in co-operation with the national judiciary of the member states. The CJEU also resolves legal disputes between national governments and EU institutions, and may take action against EU institutions on behalf of individuals, companies or organisations whose rights have been infringed. Composition The CJEU consists of two major cour ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Justice Of The European Union
The Court of Justice of the European Union (CJEU) (french: Cour de justice de l'Union européenne or "''CJUE''"; Latin: Curia) is the judicial branch of the European Union (EU). Seated in the Kirchberg quarter of Luxembourg City, Luxembourg, this EU institution consists of two separate courts: the Court of Justice and the General Court. From 2005 to 2016 it also contained the Civil Service Tribunal. It has a '' sui generis'' court system, meaning ’of its own kind’, and is a supranational institution. The CJEU is the chief judicial authority of the European Union and oversees the uniform application and interpretation of European Union law, in co-operation with the national judiciary of the member states. The CJEU also resolves legal disputes between national governments and EU institutions, and may take action against EU institutions on behalf of individuals, companies or organisations whose rights have been infringed. Composition The CJEU consists of two major cour ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
