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University Degree: Criminal law

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  • Marked by Teachers essays 34
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  1. Marked by a teacher

    Criminal Justice System of Great Britain

    4 star(s)

    and old enough to know right from wrong are forced to face the consequences of their actions. The youth justice system can impose sentences up to 24 months detention in a young offenders unit or a fixed amount of community service (Youth Justice Board Website, 2010) Three types of criminal offence are trialled between these two systems. They are Summary, Either-way or Indictable offences. The level of severity of an offence will dictate which category it belongs to. Many of the cases that commence at the Magistrates Court will also come to term there; however a proportion of cases that are deemed most serious in nature and require a custodial sentence will proceed to the Crown Court system.

    • Word count: 1926
  2. Marked by a teacher

    Criminal Justice

    4 star(s)

    I became a bit suspicious but didn't really think much of it. Six months down the road my husband came to me and told me that he was the person who was involved in the hit and run in the red Mercedes-Benz. My husband put my in a very tough position by telling me that he was the person that the police were trying to locate involved in the hit and run six months prior. I knew that if I went to the police I could also be held accountable for keeping the information to myself.

    • Word count: 1484
  3. Marked by a teacher

    IMPOSING LIABILITY ON OMISSIONS

    4 star(s)

    Before proceeding further it is necessary to clarify what is meant by an omission. An omission is the failure to act which can sometimes give rise to criminal liability and this failure to act can constitute the actus reus of an offence (Herring, 2006). According to Herring (2006, p88), the criminal law on omissions states that 'a defendant is guilty of a crime only when failing to act, where he or she is under a duty to act'. These acts and omissions can be placed under the 'general rubric' of 'conduct' (Fletcher, 1978). To continue, the distinction between an omission and an act is unclear and it depends on the definition of the offence if criminal liability for an omission can be imposed (Card, 2004).

    • Word count: 1767
  4. Marked by a teacher

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

    4 star(s)

    Securing guilty pleas are vital to the criminal courts because they save valuable time and money. For example, in a contested trail at the Crown Court the hearing usually takes about 10 hours, whereas it only takes approximately one hour if the plea is guilty. Research from the Home Office has shown that the cost at a Crown Court for a contested trial is around �12,088, in contrast to just �1,400 for a case with a guilty plea. (Sanders and Young, 2000). According to the rational choice theory, how a defendant pleads is dependant on two factors; how likely it is that they will be convicted, and the difference in penalty for a guilty plea and a not guilty plea.

    • Word count: 1618
  5. Marked by a teacher

    Antigone: "and Justice for all…"

    4 star(s)

    In Sophocles' Antigone this definition of justice is partially applied to both Creon and Antigone's state of affairs. On the one side, Creon gives his outlook on justice through his action of leaving the dead body of Polynices unburied. He believes that justice will be served in this manner to the so-called traitor for fighting against his city. However, on the opposing side is Antigone who believes justice will be served in another mode. Through a defiant act towards Creon, she buries her brother, Polynices, putting her idea of justice into play.

    • Word count: 1033
  6. Marked by a teacher

    Case Note - Stone & Dobinson 1977. The details contained in this case are very emotive and raise some important issues surrounding the issue of care and the duty owed to a person who is unable to care for themselves

    3 star(s)

    1. That by reason of such negligence the person died. It was suggested by Mr. Coles for the appellants that Fanny cast a duty on her brother and Mrs. Dobinson because of the fact she became infirm and helpless. He said the appellants were entitled to do nothing leading into what he believed to be an analogous example, which was that, no duty would be cast upon a man to rescue a stranger from drowning, however easy such a rescue might be.[2] This was the first ground of appeal. The court quite rightly rejected that proposition on the basis that Fanny was a blood relation, attempts were made by Mrs.

    • Word count: 1493
  7. Marked by a teacher

    Freedom of Expression

    3 star(s)

    If freedom of expression offends other peoples beliefs, culture, ideas, identity that is when limitations on this "expression", although insults is not really expression it is just outright offensive, need to be put in place. Freedom of expression is a phrase that is thrown around quite often, especially in court. In the case of R. v. Guignard, it was determined that Guignard had broken the law when he erected signs citing his disapproval of an insurance company's services1. Clearly, this was not something that should fall under freedom of expression; it is obvious that Guignard simply wanted to bad-mouth the

    • Word count: 1216
  8. Marked by a teacher

    Viscount Sankey's Golden Thread Speech

    3 star(s)

    Swift J went onto comment that 'Consider whether you entertain the slightest doubt that this was a deliberate killing. If you have no doubt, it is your duty to convict'. Woolmington was convicted and sentenced to death, moving to appeal to the Court of Criminal Appeal3 upon the grounds that the judge had mislead the jury, by using Fosters Crown Law to lead their decision towards a guilty verdict emphasising that under this law Woolmington was guilty and required to prove his actions were accidental.

    • Word count: 1610
  9. Marked by a teacher

    How satisfactory is the current law on non-fatal offences against the person?

    3 star(s)

    This, as should be obvious, is a major injustice, seeing as a grazed knee is the least serious of wounds which could be sustained, yet if I were to push someone and they grazed their knee, I could face the same sentence and criminal trial as someone who recklessly runs towards someone with a pair of scissors, fails to stop and ends up stabbing them in their stomach, which could cause a substantially larger problem for the victim. Another linguistic criticism lies in the use of "inflict" in s.20 and "cause" in s.18.

    • Word count: 1371
  10. Marked by a teacher

    "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.

    3 star(s)

    The actus reus of incitement is when the offender urges, suggests, persuades, etc. another to commit a crime. The mens rea of incitement is again intention, this intention is to bring about the required result. The actus reus of attempts exists when a party does an act, which is more than merely preparatory. Once again intention is the mens rea needed with attempts, as with all other inchoate offences. Conspiracy is when an agreement is made between at least two parties.

    • Word count: 1107
  11. Marked by a teacher

    The concept of retribution implies.

    3 star(s)

    relieving the victim of the ordeal of having to appear in court, the guidelines state that this 'should normally result in some reduction from what would otherwise be the appropriate sentence'. Rehabilitation: Emphasis on the individual can be seen no more clearly in the aim of rehabilitation. The idea that sentences should be designed to assist in the rehabilitation of the criminal, attempting in some way to address not only the crime, but also the causes of crime. For instance, many crimes are committed by those addicted to or under the influence of drugs or alcohol.

    • Word count: 1186
  12. Annotated Bibliography - Felon Disenfranchisement in the United States

    A study that focuses on these debates may provide a good chance for the various justifications for state criminal disenfranchisement provisions throughout the American history to prevail. It may also trigger other people to launch further inquiries regarding criminal disenfranchisement for more information so that it may be used as guide in the U.S. Congress. Also discussed in the article is that state convention delegates have engaged in continuous debate about the merits of these provisions. One argument voiced frequently by supporters of criminal disenfranchisement is that it is a fitting punishment for certain forms of criminal behavior and might also decrease crime rates in the future.

    • Word count: 1462
  13. Homicide. Case Study of: Regina .v. Kiranjit Ahluwalia Overview of the case:

    The defendant was convicted of murder and sentenced to life imprisonment on the 7th December 1989. 1) Which Court did this case commence in and explain the composition of the court. As with all cases in the criminal division this case was immediately heard in the magistrates' court where due to the severity of the indictment it would have been committed to the Crown Court. The Composition of the magistrates' court would have been either 3 magistrates on the bench or alternatively a single district judge.

    • Word count: 1282
  14. This essay will, in relation to the problem scenario, look at the necessary mens rea and actus reus of offences such as drunk and disorderly conduct, section 39 of the criminal justice Act 1988, section 20 GBH and gross negligence manslaughter. It will al

    It did not matter that his presence in the public area was momentary and against his will. Therefore Charlie is also likely to be tried in a similar manner. However, having being intoxicated means that Charlie does not have the mens rea to be guilty of a particular crime which requires a specific intention, where ones mens rea goes beyond the actus reus. However he may be guilty of a crime which requires basic intent, as he does not have to have foreseen any consequence, or harm, beyond that laid down in the definition of the actus reus.

    • Word count: 1479
  15. Criminal Law- Question Problem

    The answer seems to be the affirmative. The principal can raise defences to decrease his conviction to manslaughter, but they have a small chance to succeed. For instance, the defence of loss of control requires a qualifying trigger (as described in Coroners and Justice Act 2009, s55), the gross negligence manslaughter requires a duty of care, whereas diminished responsibility requires an abnormality of mental functioning (Coroners and Justice Act 2009, s1) and none can be satisfied in this case. Hence, the principal will be convicted of murder.

    • Word count: 1573
  16. Discuss the Strengths and the Weaknesses of conservative Criticisms of Liberal Democracy.

    In the late eighteenth century, and very similar to more recent times, conservatism looked towards keeping things the same with very slow and gradual change. If there were any hints of a reform or change, then it would have to go along with traditions and continuum. The liberal approach both favours and tends to support radical change, within their ideological principals. Here it can be considered that the conservative view is more of a direct strength, in that within society there needs to be a continual flow of policies and not so much radical change, the ideology also supports the

    • Word count: 1601
  17. Case study on Canadian Spanking

    This section declares that all individuals should be treated with dignity at every stage of the criminal justice process. Where the police use excessive force or other immoral behaviour during the course of an arrest, section 12 and section 7 of the Charter may offer an individual remedy at trial. Section 15 of the Charter provides persons with numerous key equality rights. More specifically, this section states that every individual is equal before and under the law, and has the right to the equal protection and equal benefit of the law without discrimination in particular discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

    • Word count: 1305
  18. Representing Unpopular defendants

    Moreover, according to the Bar, no practicing barrister should have a right to refuse along-coming work on the ground that the client is already legally served. 3 As already mentioned, barristers cannot refuse providing their services neither on the ground that the case is 'objectionable' to them, nor bearing in mind that the client's beliefs or their financial source to cover the legal costs are unacceptable to the barrister. Nevertheless, there are some exceptions to the rule. In practice, a barrister can turn down a brief when they lack experience of competence in case, when they do not have sufficient

    • Word count: 1993
  19. During the Hart/Devlin debate concerning the proposed decriminalisation of homosexual conduct, Lord Devlin asserted that suppression of vice is as much the laws business as the suppression of subversive activities. It follows then t

    An important part of criminal law is to deter people from transgressing the commonly agreed boundaries of acceptable conduct. The law should respect and reinforce the moral norms of society in order to keep social order from unravelling; Bills of rights, like that in the Constitution of the United States, are often regarded as being based on natural law principles. Immoral behaviour can be seen to be a threat to social cohesion, and moral laws are justified to protect society against the disintegrating effects of actions that undermine the morality of a society. Perhaps the more that the law is based on morals, beliefs and values that are shared by a society, the more that the law is obeyed

    • Word count: 1700
  20. Best Value Policing

    the exact number of these consecutively repeated sequences varies from individual to individual and therefore the length of the VNTR region varies. It is for this reason that VNTR's can be used as markers for human identification3 This can be used to either eliminate or identify a person's involvement in an offence. The advantages of DNA evidence include accuracy as the chance of finding two people...with the same DNA profile is currently estimated at between 100million to 1 and 30billion to one4 Another advantage is that it is durable, as under good conditions DNA can last for thousands of years, so it can be obtained from skeletal remains.

    • Word count: 1795
  21. Use of technology in offender identification

    There are four key features that need to be looked at in relation to the requirements for best value. These four points are continuous improvement, economy, efficiency and effectiveness. A best value authority is there to make arrangements to ensure a secure continuous improvement regarding how functions are being exercised. To make sure this works the authorities need to decide how to fulfil their duty correctly and to the best standards that's possible, so they need to consult a number of representatives which is stated under subsection (1)

    • Word count: 1588
  22. According to Andrew Ashworth, Section 142. The criminal justice act 2003 appears to embody the worst of a pick and mix sentencing, and one which invites inconsistency. In the light of this statement discuss, and comment on the aims and purpo

    The punishment should fit the crime, and meet the needs of the offender to prevent them from re-offending. Proportional sentencing, as encouraged by the 'just deserts' theory is designed to avoid unjust sentences, through giving ideals of fair justice a leading role in the sentencing process. The desert rationale lays on the idea that the sentence given should fairly represent the seriousness of the offence, and the culpability of the offender. So theoretically the desert rationale seems to be an adequate way of dealing with offenders. Section 142-1464, makes provisions for things to be taken into account when sentencing, Which consist of the principles for determining the seriousness of an offence, reduction in sentences for early guilty pleas

    • Word count: 1694
  23. Criminal law has no place on the sports field. discuss

    The participants of sports have some certainty that there is a risk of injury, although it is the rules which are imposed into sports which is said to avoid serious injury. They are a crucial guide in determining criminal liability. Where there is no proof of intention or recklessness to injure, participants who cause injury to others within reasonable application of the rules of sport can rely on the victims consent to potential harmii . For example a foul tackle in a football game.

    • Word count: 1059
  24. Explain the difference between direct intent, oblique intent and subjective recklessness in English criminal law. Illustrate your explanation with cases.

    In criminal law intention is said to be the guiltiest state of mind. Intention reflects not just a choice to act in a way which will bring a result, but a whole hearted decision to act in order to bring a result about.i In criminal law there are two types of intention. Direct intent refers to someone's aim or desire. It is generally accepted that the Defendant intends a consequence of his actions if he realises it is foreseeable to happen, regardless of the fact if the Defendant desires it or not.

    • Word count: 1030

Conclusion analysis

Good conclusions usually refer back to the question or title and address it directly - for example by using key words from the title.
How well do you think these conclusions address the title or question? Answering these questions should help you find out.

  1. Do they use key words from the title or question?
  2. Do they answer the question directly?
  3. Can you work out the question or title just by reading the conclusion?
  • Critically assess the impact of the way in which media and politicians represented the murder of James Bulger by Venables and Thompson on youth justice policy and practise over the last ten years.

    "In conclusion I feel that the impact of the way the media and politicians represented the James Bulger case had a huge impact on youth justice policy over the last 10 years. The case shocked the country and called for change so that this would never happen again, the media by portraying youth society as it did had major influence on public feeling and on what should be done. Politicians have the power to impliment new policy such as the youth justice acts and so on. Together media and politicians had the most impact on the representation of the james bulger murder. I am in no way lessening the terrible violence that was committed by jon venables and robert thompson but i am concluded that if it hadn'' been for the media and political influence there might have been a very different outcome. Especislly the outcomes of youth justice policy and practise over the last 10 years."

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

    "To conclude, there are some critical strengths that are found within the liberal democratic system, although due to their differences in beliefs and ideologies many more weaknesses were found. Many of these new principals were rejected by other loyal members of the Conservative Party. It was the idea behind the liberal thinking of radical change, and the break up of traditional values and ideologies. The conservatives as mentioned were much more a custom to the concept of gradual change."

  • Discuss the strengths and weaknesses of psychological (offender) profiling.

    "Conclusion Overall, although it is evident that without the co-operation of the victim in reporting crime, furnishing evidence, identifying the offender and acting as a witness in court, most crime would remain unknown and unpunished, victims had received very little recognition or attention until the last two decades. The last 2-3 decades have seen monumental measures to rectify this. However, it must be borne in mind that measures like the Victims Charter and other charters have no legal status and their role is 'perhaps best seen as a statement of interest rather than providing justifiable rights' (Fenwick, 1995). Also, the response in the UK to meeting the needs of victims has focused rather narrowly on providing support and services for the victim along with some financial compensation without endeavouring major changes in the judicial system. Thus, it is obvious that despite all the measures outlined, a lot more needs to be accomplished to strengthen the position of the victim in the Criminal Justice system in the UK."

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