"Examine why sexual offenders attract so much attention these days. How has the Criminal Justice System responded to societies anxieties?"

Victims, Public Protection and Risk "Examine why sexual offenders attract so much attention these days. How has the Criminal Justice System responded to societies anxieties?" In preparing for this essay it has been identified that sexual offenders are not a homogenous group of individuals and that this is an umbrella term used to describe a range of behaviours ranging from acts of voyeurism and exhibitionism, to more serious acts of pedophilia and rape. For the purpose of this essay I have chosen to focus on the more serious forms of sex offending which in my opinion, are the cause of much of the current attention. In order to understand why sexual offenders attract so much attention I will begin by considering today's society and the emergence of post-modernist values and the preoccupation with risk. I shall then go on to consider the factors which have influenced this current climate. These include the media and its portrayal of high-profile cases like that of Sarah Payne and Sidney Cooke, actions taken in the USA to manage dangerous offenders and the introduction of new offences of 'grooming' spurred by the growth of the internet. Following this I shall concentrate on how the Criminal Justice System has responded to society's anxieties and public protection needs. I will consider the range of strategies implemented to manage and reduce risk, including new

  • Word count: 3860
  • Level: AS and A Level
  • Subject: Law
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Trial by jury is more than an instrument of justice and more than one wheel of the constitution; it is the lamp that shows that freedom lives. More than 50 years later, is this statement still applicable? Should the jury system be abolished?

"Trial by jury is more than an instrument of justice and more than one wheel of the constitution; it is the lamp that shows that freedom lives.' More than 50 years later, is this statement still applicable? Should the jury system be abolished? A jury is a sworn body of people convened to deliver an impartial verdict. Juries are composed of jurors, who are by definition layman finders of fact, not professionals. The jury trials are now governs by the Juries Act 1974. As Lord Devlin once stated, trial by jury is more than an instrument of justice and more than once wheel of the constitution. It is now been regarded as the lamp that shows that freedom lives. This was written by Lord Devlin in 1956, and the question now is whether this statement can still be applied in the legal system nowadays? To start with, the academic Penny Derbyshire penned an article entitled "The Lamp that Shows that Freedom Lives - Is it worth the Candle? In this article, she argued that jury is no longer seen as representative to the society, they are more likely to be seen as anti-democratic, irrational and haphazard legislator, whose erratic and secret decisions that against the rule of law. Since then, the critics have raised up few arguments so to support her statement. One of the arguments is the perverse decision made by the jury. It was claimed by the critics that in some clear cut cases,

  • Word count: 1189
  • Level: AS and A Level
  • Subject: Law
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Critically evaluate the law on intention as part of mens rea

Critically evaluate the law on intention as part of mens rea By Rebecca Haworth The mens rea is the Latin for guilty mind and refers to the state of mind of the accused at the time the actus reus is committed. Intention is a subjective concept; what the actual defendant was thinking at the time of the offence as opposed to objective which is what a reasonable person would have thought in the same position. Intention is the highest form of mens rea and an example of this is in the case of theft. The mens rea of theft is intention to deprive someone of property permanently. Without the intent to take the property the defendant is not guilty of the crime. This is shown in the case of Madeley where he was able to show that he was suffering from stress and merely forgot to pay for the goods and he was found not guilty. It is important to distinguish the intent from the motive of the crime as shown in the case of R v Gray where a father smothered his son to death. The motive of his actions was that his son was in agony and dying from an illness, however this is not relevant to the mens rea. His intention to kill his son on the other hand is relevant to the mens rea and made him guilty of murder. Intention can be oblique or direct. Direct intent is where the defendant actually desires the consequences of their actions. Oblique intention gives the concept of intent a wider

  • Word count: 810
  • Level: AS and A Level
  • Subject: Law
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Barristers, solicitors, legal executives

Law Homework [1] A) Outline the stages in training and qualifying as a solicitor (10 marks) Solicitors are general practitioners of the legal world, dealing with all kinds of legal problems. There are around 100,000 solicitors and their governing body is the Law Society, which supervises training and discipline. There are three parts in becoming a solicitor which are academic training, vocational training and a training contract. Academic training is the starting point which involves a person successfully completing a qualifying law degree (law graduate route) or by completing a non-law degree course followed by a Common Professional Examination (CPE) or a Graduate Diploma in Law (GDL), which is a non-law graduate route. The next part in becoming a solicitor is the vocational training. This is a one year Legal Practice Course, designed to provide professional training and advocacy skills. This course cost around £5,000 and teaches solicitors how to apply the law to the need of clients. After passing the Legal Practice exams the next stage is to enter a two-year period of practice based training under a training contract, usually in a solicitor firm. Trainee solicitors will work in at least three area's of law such as personal injury law, convayancing and company law. The areas depend on the nature of the firm and the interests and needs of the trainee. Skills are

  • Word count: 926
  • Level: AS and A Level
  • Subject: Law
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Illustrate the ways in which different sentences may be used to support different aims of sentencing.

Illustrate the ways in which different sentences may be used to support different aims of sentencing. Introduction There are many sentences available which judges can give in both the Magistrates Court and the Crown Court. These various options mean that they can specifically support a particular aim of sentencing, in this essay I will examine how the different types of sentencing is used to support an aim of sentencing. For example a lengthy custodial sentence will be given to an offender who the court feels needs retribution or an offender will be given a community service order if the court feels the person needs to repay society in some way. Custodial Sentences Custodial sentences can be given to support a number of things, firstly, the obvious aim of sentencing it looks to support is retribution, the idea that an offender must simply be punished for the crime that he has committed. However a custodial sentence must only be given if the court feels a community service order or a fine is not a strict enough punishment. Custodial sentences also play a big part in both deterring the person from committing the crime again and also deterring other people from committing the crime, as they see that the person who got caught for this offence has been given a custodial offence, whereas if the person only got given a non custodial sentence then they may not be put off as much.

  • Word count: 931
  • Level: AS and A Level
  • Subject: Law
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How much power does the Supreme court really have?

How Much Power Does The Supreme Court Really Have? In the court case Worcester v. Georgia, the U.S. Supreme Court held in 1832 that the Cherokee Indians constituted a nation holding distinct sovereign powers. Although the decision became the foundation of the principle of tribal sovereignty in the twentieth century, it also helped the Judicial Branch realize that the system of Checks and Balances would not work in this case. They were able to pass a law that began the tribal sovereignty but with out the Executive Branch enforcing the law, it was useless. This essay is going to contain the historical background, the branches that were involved and how it leads to checks and balances and the historical significance to America. In the 1830s the Cherokee Indians used the U.S. Legal system to assert their treaty rights and seek protection from the encroachment of the Georgia state government. In Cherokee nation v. Georgia, and Worcester v. Georgia, the U.S. Supreme Court wrestled with the issue of Indian tribal sovereignty. In Cherokee nation, the Cherokee contended that they were a foreign state and therefore could sue the state of Georgia in Federal Court under diversity jurisdiction. Chief Justice John Marshall ruled that Federal Courts had no jurisdiction over such a case because Indian tribes were merely "domestic dependent nations" existing "in a state of pupilage. Their

  • Word count: 587
  • Level: AS and A Level
  • Subject: Law
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What are the advantages & disadvantages of secondary legislation.

"What are the advantages & disadvantages of secondary legislation" When looking at the question of the advantages and disadvantages of Secondary Legislation it is first important to establish its advantages and disadvantages as compared to what. That is, what are the other types of legislation that command over what goes on in a society? Once this has been established it is then important to look at these different and see how they differ. Deciphering what makes a particular type of legislation that type can do this. Who makes the type of legislation? How is it implemented and to what degree of the law can it be executed. When this has been done it will be quite clear as to how one type of legislation can be more of an advantage to society than another. When this has been completed it will then be necessary to look at the role of Parliament in the implementation of Secondary Legislation. It will have to be established whether secondary legislation takes away from the law making power of Parliament. Once this has been done an analysis into how widely Secondary Legislation is used will answer the question of whether Parliament is abdicating from its power. In the UK there is a system of checks a balances so that no on e organ of government can dominate the legislative process. In order to facilitate the workings of Parliament delegated legislation is used to speed up the

  • Word count: 2152
  • Level: AS and A Level
  • Subject: Law
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contract law

Narrative Chronological order of events . Xavier wrote to YY stating, "I hear you have a Nokia 7600 mobile for sale. I would be interested in buying it for $2,000 if it is in good condition." 2. YY wrote back to Xavier, "I agree to sell the phone to you but there are still a few things which need doing to it before it is fully usable." However, the letter was lost in the post. 3. Xavier wrote a week later stating, "As I have not heard from you I assume the price was not enough. Will you accept $3,000?" 4. YY replied by e-mail to Xavier's e-mail address in her office saying, "I accept the offer." Unfortunately, Xavier was away and did not check her e-mails and three weeks later returned to check the e-mails and found the message from YY. Meanwhile, YY having heard nothing sold the phone to Tommy for $2,500. Advise Synopsis * To advise Xavier, needed to consider whether or not a contract had been formed with YY. * In order to determine whether there are contract formed, it is necessary to conduct the traditional analysis of offer and acceptance. * Was Xavier's written statement, e.g. letter to YY to be an offer or an invitation to treat [Gibson v. Manchester City Council (1979) and Storer v. Manchester City Council (1974)] or a preliminary statement as to price [Clifton v. Palumbo (1944)] or request information [Harvey v. Facey (1893)]? * Firstly, "invitation to

  • Word count: 1245
  • Level: AS and A Level
  • Subject: Law
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Using actual situations, describe the elements of actus reus and mens rea in criminal law.

LAW COURSEWORK: Number Three Name: Joseph Tilbury Examination Number: Centre name: Spalding Grammar School Centre Number: 26233 Component Code: 1177/3 Examination Session: Summer 2003 I. Using actual situations, describe the elements of actus reus and mens rea in criminal law. It is necessary for the prosecution, in the bulk of crimes, to prove two elements in order for a person to be found guilty of a crime. These are the actus reus (which means the guilty act) and the mens rea (which means the guilty mind/intention), and it is only in strict liability crimes where the act alone (the mens rea) is enough to prove a person guilty. Examples of strict liability crimes are possession offences (the defendant possesses, for example, knives, guns or drugs) and not wearing a seatbelt. The actus reus can be an act (e.g. stabbing someone) or an omission (e.g. not halting at a red light), whilst the mens rea can be caused by intention (this level must be proved for the most serious crimes including theft, burglary, robbery, murder) or recklessness (taking an unjustifiable risk, this level must be proved in crimes including assault and battery). It is easiest for me to describe the elements of a crime by utilising real cases and offences. I must first however explain the chain of causation, which is where there is an intervening act between the defendant's guilty act and the

  • Word count: 1508
  • Level: AS and A Level
  • Subject: Law
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Geoff now regrets having made a promise to forego the second payment - Advise him about recovering the money from Paul.

Geoff is the owner of a 1927 Bentley car, which he is renovating to its original condition with considerable help from his brother, Paul. When the work is nearly completed, Geoff decides to get married and can no longer keep the car. He discusses the situation with Paul and they agree that in consideration of all the work Paul has done on the car, Paul can have it for £2,000 (which is far less than the car is worth). They agree that the money will be paid in four half - yearly instalments of £500, the first being due in December. A note of their agreement is drawn up by Geoff, and signed by Paul and himself. Paul makes the first payment in December but soon after he discovers that it will cost much more to complete, the renovation than was originally thought, as some of the parts are having to be custom-made. Paul tells Geoff about this, and Geoff then agrees to forego the second payment, which has just fallen due in June of the following year. As a result Paul fees able to order the parts required. Geoff now regrets having made a promise to forego the second payment. Advise him about recovering the money from Paul. The requirements for the formation of a contract are agreement, intention to create legal relations and consideration. Agreement has been reached. With regard to intention to create legal relations with domestic and family agreement, the

  • Word count: 1277
  • Level: AS and A Level
  • Subject: Law
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