Art and part liability

Criminal Law Coursework Word Count: 1,692 In Criminal Law, the principle of art and part liability is a form of derivative criminal liability. Consider and explain how criminal liability might be established on an art and part basis. In addition, consider how an individual may be held liable for the unintended consequences of a course of criminal conduct, and how such an individual might defend any such allegations. Art and part liability is a form of derivative criminal liability meaning: "where two or more people engage together in committing a crime, each actor is equally guilty of the whole crime irrespective of the particular role played by each individual".1 A typical example of art and part liability is a bank robbery. For example, a gang perform the physical act of the crime: the actus reus; the robbing of the bank, with one man sitting in the getaway car. All men are guilty of the crime. If one member inside the bank panics and kills someone, the getaway driver is as guilty of murder as the killer and all the gang members involved. There are, however, defences available to reduce the extent of criminal liability, for example, if the accused was unaware that the killer had a weapon and made no prior agreement or planning for the carrying or use of the weapon, then he would not be responsible for the murder, there would be no art and part liability for this

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The Crown Prosecution Service (CPS).

Before 1986 the police dealt with all prosecutions brought forward. However, this became a critical issue as it was argued that the organisation dealing with the crime enquiry should be independent from the organisation dealing with the prosecution. Inattention of the prosecutions dealt by the police, the Royal Commission on Criminal Procedure concluded after a report that it would be beneficial if the prosecutions were a self-governing establishment. After the analysis of the report the Crown Prosecution Service (CPS) was finally set up and began running in 1986. The Prosecution of Offences Act 1985 established it. As from 1986 all prosecutions were done by the CPS, which meant the police and the CPS now conducted different roles within the criminal justice system. The head of the CPS is the Director of Public Prosecution (DPP). The Attorney General appoints the DPP, who must be a qualified lawyer for at least 10years. Below the DPP are the Chief Crown Prosecutors who are head of one of the 42 areas of which the country is dived up and below them is the Branch Crown Prosecutors who head their sub-divided CPS branch. Within the legal system the police have the duty to obtain as much evidence against a defendant. Once gaining all relevant evidence, they have the option of doing any of the following with the suspect. They can take no further action, they can give an

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Observation in Magistrate Courts

Magistrates Court Observation This essay will attempt to give a detailed account of an observation in a Magistrates Court. With reference to history from authors such as Skyrme and official web sites, put together by the magistrates association. In the latter part of the twelfth century, in 1195 King Richard I 'commissioned certain knights to preserve the peace in unruly areas' (magistrates-association). Their responsibilities were to the Crown, and included the maintenance of the law and to enforce it as far as possible. From this time on, the Bench, or the Magistrates as we know them now were known as 'Keepers of the Peace'. An Act in 1327, made it law that 'good and lawful' men were to be 'appointed in every county to 'guard the peace'; Justices of the peace still have the power over disruptive and disorderly people. The power and decisions made are not of a punishment, but more as a deterrent to prevent the offender from recommitting the crime (magistrates-association). It was not until 1919 that women were able to become magistrates. This was when the removal of the Sex Disqualification Act came into practice. On the 31 December 1919, Mrs Ada Summers, Mayor of Stalybridge became the fist female magistrate. Then on the first January 1920, at least six other women were appointed to the same post. From year to year this number had significantly increased and

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Criminal Law Advice to client. This advice relates to the charges against David Harris for assault occasioning actual bodily harm contrary to s. 47, Offences Against the Person Act 1861[1] and wounding or causing actual bodily harm with intent contrary t

R v David Harris ADVICE TO CLIENT This advice relates to the charges against David Harris for assault occasioning actual bodily harm contrary to s. 47, Offences Against the Person Act 18611 and wounding or causing actual bodily harm with intent contrary to s. 18 OAPA 1861. 2The first part of this advice concerns the incident involving David's sister Florence resulting in the s.47 OAPA 1861 charge. In a s.47 offence, both the actus reus (guilty act) and mens rea (guilty mind) 2of either assault or battery must be proven[RM1]. The AR for battery is the infliction of unlawful force on another person3, which is immediately satisfied as David indeed inflicted unlawful force on Florence by "pulling her out of the way", which then, in relation to Florence's sprained ankle, occasioned actual bodily harm. Bodily harm has its ordinary meaning and includes any hurt calculated to interfere with the health or comfort of the victim-such harm need not be permanent, but must be more than transient and trifling.4 Therefore, the sprained ankle is sufficient for the s.47 charge. 3The MR for s. 47 is that of assault or battery-intention or recklessness as to the infliction of unlawful force. At the time that David committed the offence, he was furious at Florence stating that she would not allow him to leave if he was going to cause trouble. It could be argued that the MR for injuring

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Under the current law, homeowners are permitted to use "reasonable force" against intruders.[3] However this standard is criticised for being unclear and weighted too much in favour of the intruders.[4] Under the proposed law, homeowners would be convicte

Introduction Following the high profile cases of Tony Martin and Munir Hussian,1 the UK Conservative Party has signaled it will introduce new laws providing householders with a stronger defense against criminal liability where they use force to defend themselves against intruders.2 Under the current law, homeowners are permitted to use "reasonable force" against intruders.3 However this standard is criticised for being unclear and weighted too much in favour of the intruders.4 Under the proposed law, homeowners would be convicted only where they used force that was "grossly disproportionate".5 This essay discusses whether such legislative reform is appropriate by first looking at how the current law operates and its main areas of criticism. It then analyses the proposed law and considers whether it adequately improves on the current law. The current law As a general rule in common law, householders are entitled to use "reasonable force" to protect themselves, others or their property.6 This rule provides householders with a justifiable defence against a charge of murder or other levels of assault where they kill or injure the intruder.7 The burden of proving the householders did not act in defence rests with the prosecution.8 The Court has made it clear that "reasonable force" bears the same meaning in the context of defence as section 3(1) of the Criminal Law Act 1967

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Chain of causation problem question. The given case is concerned with the law on homicide in English Criminal Law. Albert is likely to be accused of three different offences; the death of Bert amounting to involuntary manslaughter, the injuries suffered

Albert is a drug-dealer. One evening, selling heroin up a dark alley, he is first approached by Bert, with whom he has dealt several times in the past. Albert sells him the drug. Bert goes home, injects himself, and dies that same evening from an overdose. Next Albert is approached by Carol, whom he has never met before, but correctly supposes to be already heavily addicted. She is so desperate for the heroin that, at her request, he holds her arm steady while she injects herself there and then with the heroin he has supplied. Carol has a seizure and hits her head against a wall, resulting in severe bruising, but no lasting injury. Finally, Albert is approached by Diane, whom he knows well, and, at her suggestion they both go to her flat. There Diane injects herself with the heroin that Albert supplies. She passes out and Albert carries her to her bed, lying down beside her. When he awakes next morning Diane is looking very pale and is not conscious. Albert decides just to leave her there. Diane dies that afternoon from the heroin injection, never having recovered consciousness. The medical evidence is that her life would very likely have been saved had she received medical attention earlier in the day. Discuss the criminal liability of Albert, adding critical comment where you think the law is unsatisfactory. You need not consider offences under the Misuse of

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Criminal Law - A Miscarriage of Justice.

Criminal Law. Assignment 1. Part B. A Miscarriage of Justice. Hemis No:198788. Word count:3,000 As there is no material regarding this case 'in print' as of yet, all sources of information used have been attached as appendices. Sally Clark. o On the 9th November 1999, after a four week trial at Chester Crown Court, Sally Clark was found guilty and convicted of the murder of her two children. o The Criminal Cases Review Commission, the body which investigate miscarriages of justice in England, sent Sally Clark's case to the Court of Appeal. o On the 2nd October 2000 at the Court Of Appeal, the guilty verdict was upheld. They ruled that the case against Sally Clark was 'overwhelming' despite the support of fresh evidence. o The Criminal Cases Review Commission has ordered, that the case should go back to the Appeal Court because of the new medical evidence put forward, contained in a report overlooked at the original trial, which shows that Harry, the second baby to die, suffered from staph aureus at the time of his death, which almost certainly killed him o Sally is now serving the forth year of her life sentence. The case of Sally Clark is a long and difficult one to understand. There are no precedents in this area of law and no books have been published regarding this case, as it has not yet been recognised by the courts. This is a landmark case and Sally Clark

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Criminal Justice

Running Head: CRJ SCENARIO Criminal Justice Scenerio Leslie Capurro Criminal Justice 102 Randy Floccini Truckee Meadows Community College In this paper I will discuss what I would morally and personally do in a scenario. The scenario places me in a tough position between my job, and my significant other. I have to choose to give my significant other up to the police while risking my job, or still risk my job and not turn my significant other in. Criminal Justice Scenario One morning I woke up at my usual time, and I continued on with my daily routine as I headed off to my job at the Reno Police Department. I was more tired that day than normal because my husband had come home the night before acting strangely. I thought that was going to be a busy day. We'd already gotten a call to keep an eye out for a red Mercedes-Benz, apparently it was involved in a hit and run accident the night before. With no luck finding the Mercedes-Benz I headed home at the end of my shift to find a rental car in the garage. I asked my husband why he had the rental car and he would only tell me that someone had backed into the red Mercedes-Benz, and that he had dropped it off to be repaired at a shop. 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

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Homicide. Unlawful killing is when and a person of sound mind and of the age of discretion can commit the actus Reus of murder by unlawfully killing another person. This means that the defendant in a murder case must be legally responsible for his actions

Homicide The act of homicide is broken down in English law to murder and manslaughter, in other countries such as the USA murder or manslaughter is usually referred to just as homicide. In the USA murder is broken down into different degrees however in English law it is not, it is murder which follows with a mandatory life sentence. There can be various different types of manslaughter dependent on the situation and very different aspects involved with the crime itself. Unlawful killing is when and a person of sound mind and of the age of discretion can commit the actus Reus of murder by unlawfully killing another person. This means that the defendant in a murder case must be legally responsible for his actions and cannot be classed as insane, cannot have committed the crime under diminished responsibility and has to be a person and not a corporation. Currently in England the age of criminal responsibility is 10 years old, over the years there have been calls for this to be raised to 12 and in some cases 14, this would follow many other countries throughout the world. A key argument in this case is that the murder of Jamie Bulger in 1993 was carried out by two 10 year olds and although child murderers are uncommon, should it happen again in the future, the children who are involved in the act would not be held responsible for their actions. The actus reus in murder is

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The Lindbergh kidnapping

Introduction In what was called the crime of the century, the Lindbergh kidnapping was the abduction and murder of the twenty month-old son of world famous aviator, Charles Lindbergh Sr., on March 1, 1932. In addition to fame, the Lindbergh's were known as an affluent family during the Great Depression. While their social status and ability to pay a ransom made them more susceptible to be a kidnapping target, the very young age of their child increased the inherent risky outcome of such an act altogether (Douglas et al., 1992). Lindbergh Jr., was snatched from his nursery by someone climbing up to the second floor nursery window using a ladder that was later found near the house. The kidnapper(s) left behind a ransom note that was followed by twelve more, requesting $70,000 dollars. The New Jersey State Police, assumed charge of the investigation, but Lindbergh Sr. wanted his friends to communicate with the kidnappers. Eventually, a ransom of $50,000 in gold certificates was handed over to the kidnapper by an intermediate, Dr. John Condon. Dr. Condon would later identify the stranger as "sounding foreign" (Fisher 1999). Seventy-three days after he was kidnapped, the body of the Lindbergh child was, by accident, found in Hopewell, New Jersey, four and one half miles southeast from where he was abducted. The body of the child had a

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