Prison Inmate Rehabilitation Through Education
Kayli Sears Prison Inmate Rehabilitation Through Education The United States incarcerates more people than any other country in the world and for the first time in the nation's history, more than one in every 100 American adults is confined in a prison or jail (Vicini). The current growth is not necessarily driven by a parallel increase in crime or population growth. The increase more stems from the wave of policy changes that are sending more lawbreakers to prison and through the tougher three-strike laws and other sentencing structures that are keeping convicted criminals in jail or prison longer. An even more alarming statistic is that more than half of inmates released from jail or prison are habitual repeat offenders who end up incarcerated over and over again. The necessity to keep violent criminals and those who threaten communities behind bars or to make sure those that break laws are punished and face consequences for their actions is of unquestionable importance, but the high prison populations and the high cost of American tax dollars to house these inmates proves that there is a flaw in the system. No one seems to be benefiting in the long run. The high probability of an offender becoming a repeat offender once they are released is not an issue that can be ignored. Since the judicial programs can not seem to deter convicted criminals from returning there
The law on attempts has now been settled Discuss
"The law on attempts has now been settled" - Discuss Attempt is where a person, with intention to commit an offence, does an act which is more than merely preparatory to the commission of the offence. The offence of attempts existed at common law but is now regulated by the Criminal Attempts Act 1981. Before the Criminal attempts Act 1981, the more than merely preparatory stage was decided using a number of different tests. These tests included the Proximity test, Rubicon test and the Series of Acts test. The Proximity test looked backwards from the complete offence to see whether D's acts were connected to the actus reus to justify the imposition of liability for an attempt. The Rubicon test was devised in DPP v Stonehouse, and this holds that a person is not adjudged to be beginning his attempt until he has gone past the point of no return. In Boyle and Boyle, the series of acts test was referred by the Court of Appeal and this act states that an attempt to commit a crime is an act done with intent to commit that crime and forms part of a series of acts which would have been completed if it was not interrupted. To be liable for an attempted offence, the person needs to have mens rea for the whole of the offence and the actus rea must be beyond the merely preparatory stage. The merely preparatory test looks forward from the point of the preparatory act to see whether
Law on women
Is law justice to women? Homicide is the general term used to cover the different changes involved when one human being kills another. Murder is one type of homicide and is distinguishable from the others in that it is necessary to prove the intention to kill or seriously injure. A killing with such intention can sometimes be justified. For instance those who kill in self defence using reasonable force will be acquitted. Intentional killing may also be excusable if it was a response to provocation. This will reduce a murder charge to voluntary manslaughter thus avoiding a life sentence. In this essay I will examine why women's physical and emotional characteristics may prevent them satisfying the test for provocation and why "mans...laughter" is so aptly named. In order to prove provocation a provocative conduct, loss of control and that a reasonable person would have lost control as the defendant did must be proved. The partial defence of the provocation was originally found in common law. Research by Dr Horder (1992) has shown that although the doctrine has much earlier roots it emerged in its recognisably modern form in the late 17th and early 18th centuries. It comes from a world of Restoration gallantry where a gentleman had to act in accordance with a code of honour which required insult to be personally avenged by instant angry retaliation. Therefore the defence
Human rights in Britain
Law Human rights in Britain Civil liberties are rights that an individual has; these rights are called Human Rights. The extent to which civil liberties are recognised varies with in different legal systems, however all democratic states recognise the following to some degree, freedom of speech this is where the government can not control the media, and freedom of belief this is religious freedom also freedom of assembly this is freedom to meet with others for example political parties and trade unions. The freedom to protest peacefully and freedom from imprisonment or other punishment when no law or no just law has been broken. The traditional view of civil liberties in Britain before the European Convention on Human Rights were known as residual rights these included residual freedoms patchwork of United kingdom laws, restricting freedoms where necessary. European Convention on Human Rights only influences United Kingdom Courts; government had no obligation to alter legislation to comply with the European Convention on Human Rights also legal action under the European Convention on Human Rights was only possible through European Court of Human Rights. The Human Rights Act 1998 incorporated the European Convention on Human Rights in to domestic law. The aim of this was to strengthen the protection of individual rights by United Kingdom Courts and also aimed to provide
The justifiable use of force in self-defence depends entirely upon the circumstances in which it is used. Factors such as mistake and intoxication may also be relevant. Critically consider the truth of the above statement.
"The justifiable use of force in self-defence depends entirely upon the circumstances in which it is used. Factors such as mistake and intoxication may also be relevant". Critically consider the truth of the above statement. Self-defence (which includes acting in the prevention of crime) results in a compete acquittal. It allows rotationally criminal activity to be accepted by the courts. It can be used as a defence to all crimes, including murder. An obvious point here to consider is whether it is really morally right to allow those have taken lives to receive a full acquittal. It may be fair for lesser crimes, but maybe a partial defence should be introduced for those who have killed another. However, it is more commonly used for non-fatal offences. There are three situations in which force can be used. This includes prevention of crime (S.3 (1) Criminal Law Act 1967), defence of property (S.5 (2) Criminal Damage Act 1971) and of course self-defence which is found in common law. As it is not laid down in a specific act, but just common law, it may provide some inconsistencies in the law. When the defendant pleads self-defence, the onus is placed on the prosecution to disprove it. There are two limbs to this principle. The prosecution must prove that the use of any force was unnecessary or, if some force was justifiable that the actual degree of force used was reasonable.
Pros and cons of custodial and community sentences.
Discuss the pros and cons of custodial and community sentences. June 06 The advantages of custodial sentences are that the criminal cannot commit so many crimes against the public at large and the purpose of public protection is thereby realised. Also criminals that have committed a serious offence such as rape, murder, manslaughter will be of the public awareness also the consequences bring in the idea of general deterrence in addition to individual deterrence. Some criminals may learn from their negligence therefore become better people when they have served their sentence. Custodial sentences include discretionary life sentences, which is an advantage because this type of sentence ensures criminals who have committed serious offences such as robbery, rape and manslaughter, are sentenced to life imprisonment. However the disadvantages would be that prisoners who are sent to prison spend too much time with other dangerous criminals which can turn that prisoner into a better and more dangerous criminal when they have served their sentence. Another factor would be the population of the prisons due to the maximum capacity being 80,000 this is still not enough to hold the criminals therefore leading to overcrowding and this can lead to criminals being released before serving their full sentence which is unsafe and unfair. Prisons are also very expensive to run, it costs
derek bentley case
953: Derek Bentley hanged for murder Two people one under the age of 18 and another 19 years of age broke in to a warehouse armed. Derek Bentley 19 years of age and Christopher Craig, both fans of American gang and mafia movies in the 1950' s were accused of the murder of PC Sidney Miles after a raid took place at the warehouse. Christopher Craig began shooting randomly while Derek Bentley was held next to a police officer under arrest, until Craig shot PC Miles who then died. Both were arrested and taken t o court. Derek Bentley was a 19 year old who was executed in 1953, 11 December at 9:00 for murder. He was executed for the murder of PC Sidney Miles. Many last-minute appeals were made but were rejected. Alongside Derek to stand trial for the murder of PC Sidney Miles was co-defendant, Christopher Craig. Christopher Craig and Derek Bentley were both at the scene when Christopher fired the fatal shot at the PC, due to Christopher's age he was given a lenient sentence and escaped the death sentence. Trial The trial began at the Old Bailey on Thursday the 9th of December 1952 before the Lord Chief Justice, Lord Goddard. Both Craig and Bentley pleaded not guilty. The case against Derek Bentley relied on three main pieces of evidence. The phrase "Let him have it, Chris". The meaning of these words were not conclusive as some believed Bentley meant for Craig to give
aqa law module 4 murder mens rea
Q) ANALYSE THE CURRENT LAW ON MALICE AFORETHOUGHT (module 4) The mens rea of murder is defined as intent to kill or to commit grievous bodily harm (gbh) the former is referred as expressed malice, the later as implied malice The first point of criticism is that both these mens rea elements are not defined in any statutory form. This includes the non-fatal offences which are s47 actual bodily harm (s46), wounding or committing grievous bodily harm without intent. Also wounding or committing grievous bodily harm with intent which is obviously s18 the most serious offence, this is above assault and battery. Another point to consider is that the words malice aforethought themselves are very extremely unhelpful, as murder requires neither malice nor any degree of premeditation, indeed the greater majority of murders are actually committed in hot rather than cold blood. The existence of implied malice (intent to commit GBH) was confirmed Lords Goddard in Vickers and this has attracted considerable criticism in the law profession. In the later case of r v Cunningham in a dissenting judgement lord Edmund Davis argued against intention to commit GBH being part of murder mens rea, this was also discussed in the most resent case of smith- v - Barkshire (2007) but the similar principles of Vickers was held. lord Edmund Davis stated " I find it passing strange that a person can
AQA Law 2007 Problem Question - Graham (Part (b))
Law Question - June 2007 (b) Discuss the possible criminal liability of Graham for offences arising out of the taking and use of Harry's card and the use of the £200. Graham may be charged with theft contrary to section 1 of the Theft Act 1968. This states that "a person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it". Appropriation is a neutral act, and is "any assumption of the rights of the owner". Only one of the owner's rights, such as touching, using or destroying, needs to be assumed for there to be an appropriation (Morris). A consensual taking can amount to an appropriation (Lawrence, Gomez), and gifts can also be appropriated (Hinks). "Property", defined under section 4, includes money, "personal", "tangible" items and also intangible "things in action" such as bank accounts, shares and trademarks. Property belongs to "anyone in possession or control of it or having in it any proprietary right or interest". The mens rea of theft is dishonesty and an intention to permanently deprive. Section 2 provides a "negative definition" of dishonesty, and describes three situations in which the accused will not be dishonest; these are a belief in a legal right to deprive (Holden), belief that the owner would have consented and belief that the owner cannot be discovered through
Offences Against the Person Act 1861
A was engaged in rifle practice on a local firing range. A knew that B was 400 yards away in a trench below the target keeping score. A discharged six rounds at the target and B emerged from the protection of the trench. A decided to frighten him and fired a round over B's head. The round hit a concrete post and ricocheted and hit B who was seriously injured. Advise A of his criminal liability. As soon as he fired the round over B's head, A might have committed either a battery or an assault contrary to s 39 of the Criminal Justice Act. An assault and a battery is respectively intentionally or recklessly causing one to apprehend immediate personal violence and intentionally or recklessly applying personal violence. For battery, since the bullet hit B, there is obviously an application of force. Though A had not intended that, he commits the offence as long as he was reckless as to whether the bullet would hit B. A must have foreseen this result as a possibility (R v G and another). This a question of fact. Records of A's practices in the range can be evidence from which this foresight can be inferred, but since the facts do not show such evidence, A's guilt is by no means conclusive. Though it is clear from the facts that A intended to frighten B, this 'malice' cannot be transferred to fit, neither does it suffice as, the mens rea for battery. In spite of being subsumed
