Criminal

Interpretation of Criminal Statutes

Stare decisis is a maxim among … lawyers, that whatever has been done before may legally be done again: and therefore they take special care to record all the decisions formerly made against common justice and the general reason of mankind.
— Jonathan Swift, Gulliver’s Travels.

Interpretation

“WE DO NOT KNOW WHAT THE LEGISLATURE HAD INTENDED BUT SURELY WE KNOW THE ENACTMENT “

“To treat precedents as superior to constitutional enactments is to introduce contradictions into the law, and in any system of logical propositions, acceptance of a single contradiction accepts all contradictions, rendering every proposition logically undecidable”

“By treating court opinions as though they are general law, and not just law for a particular case, we become accomplices in delegating legislative powers to judicial officials, which is forbidden by Art. I Sec. 1 of the U.S.”

Classification of Crimes

  1. The Crime of Misdemeanors
  2. Overview  of Aiding and Abetting or Accessory
  3. Overview of Arson Overview of  Assault and Battery
  4. Overview of Bribery Overview of Burglary
  5. Overview  of Child Abuse Overview  of Child Pornography
  6. Overview  of Computer Crime and Data Theft
  7. Overview of Conspiracy Overview of Credit/Debit Card Fraud
  8. Overview of offensive Conduct
  9. Overview of Domestic Violence
  10. Overview of Drug Cultivation,
  11. Manufacturing, Possession,
  12. Consumption and Trafficking
  13. Overview  of Embezzlement
  14. Overview of Extortion
  15. Overview  of Murder
  16. Overview of Forgery
  17. Overview of Hate Crimes
  18. Crime of Identity Theft
  19. Crime of  Indecent Exposure
  20. Crime of Insurance Fraud
  21. Crime unintentional Manslaughter
  22. Crime of Kidnapping
  23. Crime of Money Laundering
  24. Crime of Perjury
  25. Crime of Prostitution
  26. Crime of Pyramid Scheme
  27. Crime of Rape
  28. Crime of Robbery
  29. Crime of  Aggravated Murder
  30. Crime of Securities Fraud
  31. Crime of Sexual Assault
  32. Crime of Stalking
  33. Crime of Tax Evasion/Fraud
  34. Crime of Telemarketing Fraud
  35. Crime of Theft Crime of Fraud

SOME BASIC RULES

Relations between the words of a statute

  1. ejusdem generis;
  2.  noscitur a sociis;
  3. expressio unius est exclusio alterius;
  4. casus omissus

Relation of the words in a statute to outside materials

  1. plain meaning rule;
  2. when two statutes are in conflict, the latest in time prevails

SOME ISSUES 

  1. Distribution of power between the legislature and the courts.
  2. Distribution of responsibility between the legislature and the courts

  3. Creation of certainty in the law

  4. To change and adapt the law to new and unforeseen conditions

  5. To decide the controversies of litigants before the courts.

  6. Judges should make law when necessary to the ends of justice.

7. The Relative Merits of Legislatures and Courts as Lawmakers


THE WAY OF INTERPRETATION

  1. Who Should Create and Define Crimes?
  2. Who Does Create and Define Crimes?
  3. Common law crimes.
  4. Three approaches: Textualism, intentionalism, and dynamism of interpretation.

Specific Interpretation

  1. A Directory or Mandatory Provision
  2. Access or non access to wife
  3. Acts in Pari Materia
  4. An act in law shall prejudice no man
  5. Addition of words by Court while interpreting
  6. The aid of the American Concept of law
  7. Amendment of an Act
  8. Any
  9. As far as possible
  10. As it deemed fit
  11. Beneficial construction
  12. Beyond reasonable doubt
  13. Casus Omissus
  14. Cohabitation
  15. Conjugal Right
  16. Consider and Determine
  17. Cruelty
  18. Deeming Provision
  19. Definition Clause
  20. Dictionary Meaning
  21. Discussion in Parliament
  22. Divorce -Cruelty Pleading

More topics

 

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