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University Degree: Criminal law
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This problem is evident throughout case law concerning provocation and will be discussed in detail further in this essay. The requirements of provocation have been under scrutiny by various academics and in some instances have been heavily criticised. The first requirement that there must be evidence of provocation is problematic because anything said or done can constitute evidence of provocation. The judge will allow the defence to go to the jury "however tenuous"4 the evidence may be. The case of Doughty5 best illustrates how this element of provocation can be perceived as unfair.
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One was the exception were discovery by a husband of his wife in the act of committing adultery and discovery by a father of someone committing sodomy on his son. But with the act there are no restrictions. The provocation need not be illegal or wrongful and may even be something as natural as a baby crying (Doughty (1986)4 There has been much controversy about provocation being a defence as it appears to enable defendants to receive lenient treatments because they allowed themselves to be provoked.
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The purpose of an interview is to ascertain the truth from that person relating to the matter that is under investigation. The aim of the interview is usually more specific than the purpose5, but it differs depending on whether the person being interviewed is a witness, victim or suspect so it is important to establish whether that person is actually involved in the offence and how. When interviewing a witness the aim is normally just to establish what they know, but when interviewing a suspect the aim is to establish whether or not they were involved in the offence6.
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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.
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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)
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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
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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.
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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.
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There was neither statute nor case law to charge this crime. The British statutes against excessive and deceitful gaming did not apply to Scotland and the only relevant statute in Scotland was The Act of James the Sixth 1621, c. 14, 247 which prohibited the running of gaming establishments in public houses thus did not apply. The Procurator Fiscal decided that charges against the accused would be made under common law, arguing that no harmful act was beyond the reach of common law.2 Despite having no precedence, Lord Justice Clerk Boyle, while quoting the work of Baron Hume, asserted that
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It might be possible to argue PC Patel's identification of David was unreasonable. This would be the case if the description of the suspect given to PC Patel (in terms of height and hair colour) was so materially different from David's height and hair colour that it was not reasonable for PC Patel to suspect David in terms of visual identification. We cannot conclude whether this argument might be persuasive without knowing the extent of the height and hair colour match.
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Both murder and manslaughter require an Actus Reus which constitutes the act of killing or causing serious injuries. In our case, it is the fact that Moloney's stepfather has been killed. To know whether Moloney has to be convicted of murder, we have to judge if he had the Mens Rea, which is the intention to kill, the mental element; conversely, if he had not, he would be convicted of manslaughter. �The prosecution has to prove that Moloney intended to do a particular act or to bring about a certain state of affairs or result.
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An example is when such practice is viewed as capable to raise a country's standard of living1 or as found in Seychelles where investors were given immunity from prosecution from all criminal proceedings whatsoever except criminal proceedings in respect of offences involving acts of violence and drug trafficking2. There seems to not to be a settled definition of money laundering. J. Drage (1992) opined that money laundering is "a process by which criminals attempt to conceal the true origin and ownership of their criminal activities...3" He goes further to state inter alia that it provides "a legitimate cover for their
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Moreover, there are a few types of intervening act that can be, and will be considered. Firstly, to establish the chain of causation, this paper will deal with factual and legal cause of death. First and foremost, 'but for' test (White 1910)3 has to be satisfied for the factual cause of death. The question is 'would Ali have died but for Boris's action'. The answer is no. The next step of identifying the causation will be the legal causation. Boris's action could have been substantial or an operating cause of death.
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The power and jurisdiction of the ICC is granted by the Rome Statute of the International Criminal Court. The Rome statute is an international treaty, binding only those countries which formally express consent to be bound by its provisions5. This essay will critically evaluate the function and power of the ICC and will detail some of the limitations which the ICC face and how these limitations impact on the effectiveness of the ICC. FUNCTION OF THE INTERNATIONAL CRIMINAL COURT The ICC functions by States Parties or United Nations Security Council referring a particular crime or crimes within the courts jurisdiction to the Prosecutor6.
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Does the Crimes (Assumed Identities) Act 2004 maintain an appropriate balance between providing the appropriate tools for crime detection and protecting citizens civil liberties?
An important distinction to make is that we are concerned with the use of police deception in the fight against organised crime not just any petty crime. Therefore what is organised crime? It is very difficult to give a simple definition to this, but it does have many distinguishable features which include it being very serious in nature, it is committed by people who know what they are doing is criminal and is generally run for profit. Can it be justified?
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Later Miranda had stated he did not request aid but his lawyer appealed the decision. The US Supreme Court's former prosecutor, Chief Justice Earl Warren, said that Miranda's confession was not accepted for the fact that he admitted to the crime under 'forcible' interrogation. The former prosecutor said this went against the fifth and sixth amendments-- 5: self-incrimination clause, 6: right to an attorney unless the suspect had been made aware of their rights and they waive those rights. The original verdict had been overruled and had informed them about what had to happen if the suspect chose to exercise their rights.
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Discuss in the context of Criminal Law on the reasonableness and the defense given when the term Clapman Omnibus(TM) is used should a defendant commit an offence
There is no requirement to prove whether the defendant actually foresee or thought about the consequences of his action. The fact that the defendant had actually not come across this thought is not important. The subjective test requires the case to be look from the perspective of the defendant. It take into account what has the defendant actually foresee rather than what is been done. The state of mind of the defendant at the point of crime must be proven. Cunningham Recklessness Recklessness is defined as taking an unjustified risk. It means that one is consider as reckless if he could foresee the consequences of his act yet continue taking the risk by conducting his action.
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Also relevant is s.18 which would apply where the infliction of grievous bodily harm is committed 'with intent to do some grievous bodily harm to any person'. While non-fatal offences against the person have been crimes for centuries, punishing those who recklessly transmit HIV to their unsuspecting partners has only been a real issue since the case of R v Dica (2004). Over one hundred years earlier, in R v Clarence (1888) it had previously been held that if the victim consented to sexual intercourse she also consented to the sexual disease, even if, had she known of the infection she clearly would not have consented at all.
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The imposition of strict liability is evidence of the judges exercising a legislative function, applied when matters are necessary in the public interest. In Sherras v. De Rutzen1, Wright J held that there is a presumption that mens rea is a critical element to any offence. At a glance, it may be considered that this is a coherent principle, that its presence in statutes is implied unless words to the contrary are stipulated, resulting in a displacement of this presumption.
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Tar is the factor that causes lung cancer and a variety of other diseases. And carbon monoxide when inhaled substitutes oxygen in the body and affects the proper working of the lungs (help with smoking). There has been a long standing debate on the issue of tobacco consumption and whether it is a harmful substance that causes various forms of cancer and an assortment of other diseases. I personally believe that tobacco is harmful and addictive and a menace, rather a parasite in today's society. While tobacco manufacturers have led us to believe that it is a matter of personal choice and any one can quit if they so desire, that is not the case.
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The Natural law therefore is human participation in the Eternal law, which is discovered by reason, and Human law is positive law applied by the government.4 This philosophy is based on Christian principles derived from the Bible. Criminal law in particular developed directly from the Ten Commandments5 which were given directly from God to man (Eternal Law), revealed in the biblical scriptures of Exodus (Divine Law) and followed as common law (Natural Law) until being applied through positive law (Human Law).
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The RvG case reinstated the subjective test from R v Cunningham 4(Cunningham) and clarified the law on recklessness by overruling the objective test in Caldwell. The subjective approach was taken from the Cunningham case, however in the RvG case 'Lord Bingham' based his definition of recklessness on the Criminal Damage Act 19715 from the law commission draft criminal code. This definition can be seen where "A person acts 'recklessly' with respects to- (i) a circumstance when he is aware of a risk that it exists or will exist, and (ii)
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definition of the word they should "leave it to the jury's good sense to decide whether the accused acted with the necessary intent ...", this shows that the legal meaning and the everyday meaning are not entirely dissimilar. However there is much uncertainty over oblique intent. This is when an intention is inferred because of the level of forseeability of the consequences. Oblique intent was described in the Draft Criminal Code for England and Wales as "when he acts either in order to bring it about or being aware that it will occur in the ordinary course of events"2.
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According to the witness's testimony, he saw a vehicle, which was believed to be the police car that the appellant was driving, coming from behind at the speed of about 120 kilometers per hour and the vehicle was overtaking cars from the inverse-direction side of the road. Suddenly, two vehicles, a Toyota Starlet and a Nissan, appeared in front of the appellant's car, and these two vehicles were driven in the right side. Both the Toyota and Nissan's drivers tried their best to avoid a collision, the Toyota succeeded but unfortunately the Nissan failed.
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