• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Criminal Law

Extracts from this document...

Introduction

Criminal Law Michealmas Term Essay 1 Questions about causation are simple factual ones. Therefore juries require no direction in answering them. Discuss Causation is an element of 'Result Crimes', in which the conduct itself does not constitute a crime, for example, shooting a gun, but rather the conduct along with it's harmful consequence, for example, shooting a gun at a person and the person dying. It is this gap between the conduct and harmful result, which gives rise to the uncertainty as to who's conduct caused the harmful result, and even if the harmful result was due to a human action, or just a natural event. When determining the chain of causal events leading up to a result, only the facts are relevant. However, once the causes are determined, principles of law must be applied to identify which of these causal acts were unlawful, as a person cannot be convicted for an innocent act. Therefore, causation is a question of fact and law. ...read more.

Middle

To make causation even more complicated, substansive events can occur following the original harm action, which rob the original action of responsibility for the result. This is providing it can be found that the second act significantly altered the course of events, which would have occurred, following the first act. The person who committed the original act is still charged, but not for the result which occurred. These are known as 'intervening acts'. This is shown in Jordan, where the jury ruled that the hospital's incompetence was more to blame for the victim's death, rather than the original assailant, whose actions were not lethal, therefore the medical staff held responsible. The complications of what constitutes an intervening act, then arise. Firstly, the intervening act must be so abnormal, that a reasonable person would not foresee it occurring in the course of events following the original action. Secondly, intention for the result, or 'causal energy', of the actor's (from the original and intervening act), must be measure. ...read more.

Conclusion

This belief is mimicked in Malcherek and Steel. Where the above issues arise, the judge should, if not intervene, direct the jury as to the moral issues involved. Furthermore, in English criminal law, the victim can bare no responsibility for the crime committed, even if it were not for their negligence or refusal to seek remedy, the harm result would not have been so severe. This is displayed in the case of Blaue. This liberal concept that a person should never be discriminated against for acting within their basic rights (for example: freedom of religion; freedom to move freely in the world as they please) is quite a difficult one for a jury to uphold. For example (1.3), 'in the eyes of the law' a female doctor who is sexually assaulted whist walking through a town centre in mid-afternoon, is indifferent to a prostitute who is sexually assaulted whist walking through a 'red-light' district at midnight. However, the jury consist of lay people from all aspects of society, who are susceptible to the common stereotypes and prejudices society breeds. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related GCSE Law essays

  1. Marked by a teacher

    Law - Resulting trusts

    4 star(s)

    and that, coupled with the circumstances under which the stock was purchased, it was sufficient to rebut the presumption. The presumption of a resulting trust may also be rebutted by the presumption of advancement which is where voluntary conveyance is made to the wife, fianc´┐Ż or child of the transferor

  2. Study the concept of Reasonable man and reasonability in tort law.

    Was the court in effect saying reasonable mothers make mistake and should not be penalized for them. In Porter v barking and Dagenham London Borough Council a 14 year old boy injured when he and a friend were allowed

  1. Criminal Law (Offences against the person) - revision notes

    syndrome One of the main criticisms of provocation is that it was a male dominated defence that appears to discriminate against women. This was due to the common law wording which led judges to look for 'sudden and temporary' loss of self control.

  2. The Age Of Criminal Responsibility

    According to the BBC News website, calls to raise the age of criminal responsibility from 10 to 12 were rejected by the government back in March 2010. At this time, the England's Children's Commissioner Maggie Atkinson was quoted by The Times newspaper as saying "Most criminals under 12 did not fully understand their actions".

  1. The Law Relating to Negotiable Instruments

    A party may be discharged from liability in the following ways: 1. By cancellation: Where the holder of a negotiable instrument cancels the name of any party to it with the intention of discharging him from liability, such party and all other persons between the holder and such party are discharged from liability.

  2. Law of Homicide

    The mens rea in this case was that the husband had intention to kill or cause grievously bodily harm to some one, because he planted a bomb in his car prior to her driving it. The bomb consisted of two sections of metal pipe, threaded with a detonator.

  1. Discover whether, in the criminal law, negligence ever breaks the chain of causation and ...

    Another principle the courts look for is what is known as the "but for" principle (sometimes known as "causation - in - fact"). This can be explained by saying that something would not have happened "but for" D's actions. For example, the victim would not have died but for D's strangling him.

  2. The criminal process

    are there more 'public' factors favouring a prosecution than opposing it. When deciding whether to continue with the prosecution in the public's interest the CPS take into account the seriousness of the offence and the circumstances of the offender and decide on balance whether a prosecution would be the best option or whether another course of action should be followed.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work