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

"All inchoate offences should be abolished on the theory that society is not harmed until the crime is completed" - Critically evaluate the strengths and weaknesses of the above proposition.

Extracts from this document...

Introduction

"All inchoate offences should be abolished on the theory that society is not harmed until the crime is completed" Critically evaluate the strengths and weaknesses of the above proposition using examples drawn from any of the inchoate offences of incitement, conspiracy and attempt. 'All inchoate offences should be abolished on the theory that society is not harmed until the crime is completed', during this essay I shall critically evaluate this statement, using examples from the inchoate offences of incitement, conspiracy and attempt. The definition of Inchoate offences, are the incomplete offences. I shall first explain the actus reus and the mens rea required for all the inchoate offences. The actus reus of conspiracy is the agreement with another or others that a course of conduct will be pursued, which if carried out by their instructions, will lead to an offence. The mens rea of conspiracy is intention, although in Anderson 1986 the House of Lords decided that the defendant was to be found guilty even when intention was not established. ...read more.

Middle

In Siracusa 1990 the Court of Appeal decided that the decision made in Anderson was not entirely correct. From another inchoate offence, incitement, the abolishment of inchoate offences may be seen in a different way. People suggesting or persuading another person to commit a crime is no harm to society unless the suggestion, persuasion or urge results in another person committing an offence. Some people feel that this inchoate offence should be abolished, as it is merely a suggestion to another person, who should know better. People also feel that it should be abolished as loopholes are being found such as in the case of Whitehouse 1977, where a man accused of inciting a young girl to have sexual intercourse with him, as intercourse did not take place the defendants conviction was quashed. The majority of people including myself feel that this inchoate offence should stay how it is. Without incitement people would get away with encouraging others to commit an offence. This inchoate offence can be to an individual or to the whole world, such as in Invictor Plastics ltd. ...read more.

Conclusion

The loopholes found with inchoate offences, such as in the case of Whitehouse1977 and Mcphillips 1990, can be seen as wasting the courts time. People agree with the arguments bought forward that inchoate offences should be abolished as no real offence has taken place, resulting in hurting someone or damaging society in general. The weaknesses of this proposition is that without the offences of conspiracy, incitement or attempt people could help plan, encourage or even attempt to commit an offence and get away with it, which would be unacceptable. We need inchoate offences to stay with the legal system, so people conspiring, inciting or attempting an offence can be caught before the offence is actually taken place. So in all I feel that all inchoate offences should stay how they are, because if they were abolished the courts and legal system in general would be a disaster. Given more time to complete I would have looked at all the inchoate offences, being conspiracy, incitement and attempts and looked at the proposition in more detail, including why certain issues of inchoate offences should be abolished. E.g. abolishing impossibility in all inchoate offences. Jack Ingrey Inchoate offences Law ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree Criminal law section.

Found what you're looking for?

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

Here's what a teacher thought of this essay

3 star(s)

A weak three stars, in view of my comments above.

Marked by teacher Edward Smith 05/09/2013

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 University Degree Criminal law essays

  1. Marked by a teacher

    Criminal Law - Problem Question - Homicide

    4 star(s)

    the negligence must have caused death, and it must, in the opinion of the jury, amount to gross negligence. As Brian's doctor, Chris has a duty of care towards Brian which is breached when he repeatedly administers an antibiotic to which Brian is allergic.

  2. Marked by a teacher

    Why Do The Vast Majority Of Defendants Plead Guilty In Court?

    4 star(s)

    trial, and in which the defendant changes to a guilty plea after the case has been listed, i.e.

  1. Marked by a teacher

    Critically consider all arguments concerning spousal compellability and conclude whether or not it ...

    4 star(s)

    it and the purposes it serves.?26 The current law is outdated and unfair; a change is due. The fact that married couples benefit from non-compellability generates potential for sham marriages, where individuals get married before the trial in order to benefit from the rule.

  2. Marked by a teacher

    Case Note - Stone & Dobinson 1977. The details contained in this case are ...

    3 star(s)

    Perhaps this should have been taken into consideration? If we look at the case closely we can see that one of the main issues here is that of the development of authority. By attempting to wash Fanny and provide her with food did the appellants assume responsibility for her?

  1. Discuss the Strengths and the Weaknesses of conservative Criticisms of Liberal Democracy.

    maintenance of order, and the term that is often used and referred to is that "if it ain't broke, then don't try to fix it". If radical change was strongly supported and enforced then this may lead to the public's lack of confidence within the government being that they keep on changing their ideas and policies.

  2. criminal Essay

    There would have to be a good reason, such as a public benefit, for consent to apply in this instance; the court held that sado-masochism did not constitute a good reason because it was dangerous, injurious and unpredictable14. The court also held that whether the actions occurred in private or

  1. Outline the key points of New Right criminology. Critically analyse the impact it has ...

    We can see particular policies relating to new right theories after 1997 when ' new labour' came into power. This new labour vowed to make the problem of crime a key prioroity for goverment. Since 1997 new labour have passed 11 major criminal justice acts.

  2. After Woollin, the law of Intention remains unclear, but nonetheless works in a satisfactory ...

    However, this is not the case. Socially terrorism is deemed as morally wrong, and they should be guilty of murder. Therefore, the fact that the Woollin case had no defined intention and the test is not a necessary requirement it can provide a clear argument for certainty within the law

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