Criminal Law Law 113 Alan Reed Assignment 2 ~ Criminal Problem Gemma Bolt ~ 053047962 Table of Cases * Abdul-Husain and Others  Crim.L.R 570 * Allan  1 Q.B. 130:  3 W.L.R. 677 * Bainbridge  1 Q.B. 129:  3 W.L.R. 656 * Brown  Crim.L.R 367 * Clarkson  1 W.L.R. 1402:  3 ALL E.R. 344 * Cole  Crim.L.R. 582 * Doughty (1986) 83 Cr.App.R. 319:  Crim.L.R. 625 * DPP for Northern Ireland v Lynch  A.C. 653:  2 W.L.R. 641 * DPP for Northern Ireland v. Maxwell: sub nom. DPP v. Maxwell  1 W.L.R. 1350 * DPP v. Camplin  A.C. 705:  2 W.L.R. 67 * Duffy  1 ALL E.R. 932 * Hudson and Taylor  2 Q.B. 202:  2 W.L.R. 1047 * Lomas 1913 * Olugboja  Q.B. 320:  3 W.L.R. 585 * Ryan (1996) 160 J.P. 610: Crim.L.R. 320 * Smith Morgan  3 W.L.R. 654:  4 ALL E.R. 289 * White  2 K.B. 124 * Woolin  1 A.C. 82:  3 W.L.R. 382 Table of Statutes * Criminal Attempts Act 1981 Elizabeth II HMSO * Sexual Offences Act 2003 Elizabeth II HMSO ss 1 & 63 * Theft Act 1968 Elizabeth II HMSO s9(1)a The question at hand is to discover the criminal liability of Alan, Titus, Celestine, Shay and Shola. Firstly Alan is part of a joint enterprise which is where two or more people are committed to carrying out a common offence1. Here the joint enterprise is
Critically consider all arguments concerning spousal compellability and conclude whether or not it is justifiable.
In 1940, Wigmore described the rule that spouses should not be compellable as: �the merest anachronism, in legal theory, and an indefensible obstruction to truth, in practice.� 1 Whereas Lord Wilberforce stated: �to allow her to give evidence would give rise to discord and perjury and would be, to ordinary people, repugnant.�2 These are two very differing opinions, highlighting the fact that spousal compellability is a highly debatable area of law. Under section 80 of the Police and Criminal Evidence Act 19843 (PACE), spouses are non-compellable unless the offence is one which is specified.4 This spousal privilege has sparked intense criticism and renders the justification questionable. Utilising academic opinion, case authority and relevant sources, I will critically consider all arguments concerning spousal compellability and conclude whether or not I think it is justifiable. Hoskyn v Metropolitan Police Commissioner5was the first significant step towards the PACE. This case concerned a marriage two days before the trial date, the defendant was convicted and he appealed on the grounds that his wife should not have been a compellable witness. The House of Lords ruled that when her husband is charged with violence against her, she is competent but not compellable. There were dissenting judges and vast criticism because of this decision and this
Drawing on the relevant criminological literature, critically consider whether psychological or sociological explanations of criminal behaviour offer effective strategies for intervention and the reduction of crime? How useful is this approach for those w
Drawing on the relevant criminological literature, critically consider whether psychological or sociological explanations of criminal behaviour offer effective strategies for intervention and the reduction of crime? How useful is this approach for those working with offenders in the community? This essay will briefly look at the major sociological theories to explain crime, however due to word constraints I will only focus on anomie/strain, labelling and the rational choice theories to explain criminal behaviour and examine how effective the strategies are for reducing crime. There will be some focus on desistance literature and how I apply these theories to my work with offenders. Upon conclusion it should show that all theories offer effective interventions and strategies but that each explanation contains an argument that may be inadequate on its own. To close, the essay will examine further, situational crime prevention and how we address the needs of present crime problems. There are two main approaches that aim to explain criminality and criminalisation they are sociological and psychological perspectives. Although both approaches suggest opposite explanations, they each contain valid points that account for the causes of criminality and criminalisation. The psychological approach concentrates on the individual as the foundation of criminality. Sociological theories
Discuss the potential criminal liability that Brain might face. Would your answer be any different if (a) the canister contained highly flammable material rather than weed killer? (b) Brian gave up the enterprise when he heard a noise?
Full Time Coursework Assignment - Semester 1 Student Number: 0523961 Course Title: LLDip/CPE Module Title: Criminal Law Word Count: 2744 Assignment Question Victor had won the largest marrow (vegetable) competition for the last three years in a row. Brian was jealous and decided to destroy the marrows. He filled a metal canister with weed killer, which would slowly kill the marrows. Brian arrived at Victor's home and watched the house from across the road. Unknown to Brian he was at the wrong home, which did not have a vegetable garden. When no-one was around, he approached the side gate and tested the lock. Brian heard a noise before he could enter the garden. He ran back to the road where he saw Victor riding a bike with a small trailer containing vegetables. He threw the canister at the marrows in the trailer but missed. (Victor was not aware that anything was thrown at him). Discuss the potential criminal liability that Brain might face. Would your answer be any different if (a) the canister contained highly flammable material rather than weed killer? (b) Brian gave up the enterprise when he heard a noise? Part 1 Brian, by embarking on a course of action to intentionally destroy Victor's marrows, would be potentially liable for the inchoate offence of attempt. Inchoate1 attempt offences were originally
Outline the factors that influence sentencing decisions of criminal courts in England and Wales and consider whether consistency in sentencing is possible or desirable.
Deborah Waisome 9615896 CRM3690 Outline the factors that influence sentencing decisions of criminal courts in England and Wales and consider whether consistency in sentencing is possible or desirable. Sentencing is a major function of the criminal justice process and involves many different and often conflicting considerations. (Davis et al, 1999,p.236). The Criminal Justice Act 1991 set out to impose a coherent theoretical approach to sentencing. The aim of sentencing is the purpose or objective that the judge or policy maker is seeking to achieve. The justification for sentencing involves considering why the aims are desirable, especially where sentences aim at some beneficial consequence. A sentence might involve some form of punishment, and a key feature distinguishing criminal law from other forms of law is that it involves the possibility of the state imposing a punishment on an offender. Such punishment however must follow a finding of guilt in accordance with due process. A due process perspective emphasises the need to administer justice according to legal rules and procedures that are publicly known, fair and seen to be just. The main function of the criminal courts is to act as an impartial arbitrator of conflicts arising between the state and its citizens. This distinguishes state punishment from private vengeance. (McLaughlin and Muncie 1996, p.111) 'If the
The wrongful conviction of Guy Paul Morin is not an aberration. It is the result of systemic problems rooted deep within the criminal justice system. Many of these failings are connected to serious errors of judgment, often resulting from lack of objectivity, rather than out right malevolence.1 These errors in judgment are commonplace in the criminal justice system largely because of the high levels of discretion that numerous justice system officials are afforded. Discretion is the power to decide which rules apply to a given situation and whether or not to apply them.2 Reiss (1974) suggests that discretionary justice exists whenever decisions made in criminal cases are not legally or practically open to re-examination.3 As many justice system actors operate largely under the radar, their position of low visibility leaves potential for errors, whether unconscious or malicious, to go unnoticed. If these errors were simple random human errors the current state of our justice system would be a much prettier picture. Unfortunately, these miscalculations have become routine, a product of systemic problems on the outskirts and within the criminal justice system, which inevitably foster wrongful convictions. Brutal high profile crimes, which are usually violent, have a tendency to be sensationalized by the media and spark moral panic within the community. This fear and sense of
What is the origin of the life sentence for murder in Britain, and what could be done to improve the
What is the origin of the life sentence for murder in Britain, and what could be done to improve the What is the origin of the life sentence for murder in Britain, and what could be done to improve the way that such sentences are currently administered? Murder can only be described as the most heinous of all crimes, and as such a callous offence it seemed for centuries both just and fair to punish murderers with the retributive sentence of death. Through, the years however the penalty of death has been deemed at times unnecessary and on occasion even cruel. Whilst people in mediaeval times justified execution for even the most minor crimes, eighteenth century juries became increasingly disinclined towards convicting those with charges of capital offences. (Home Office (1978: 19)). As these feelings of reluctance spread punishing offenders by death became much less frequent, and was allowed for much fewer offences , and in 1965 Capital Punishment in England was banned altogether. The abolition of the death penalty called for reinforcement as murderers were still in need of severe chastisement, thus the mandatory life sentence was introduced. The implementation of the life sentence and it's administration gave rise to severe criticism as it brought with it many problems, an example being the lack of distinction between mercy killings and cold blooded murders. It is the
The police work effectively to reduce and prevent crime - Critically examine this statement in the light of the available evidence.
The police work effectively to reduce and prevent crime. Critically examine this statement in the light of the available evidence. The police is the area of the Criminal Justice System which is under the most scrutiny, almost always because they are perceived as ineffective. My aim is to establish whether or not the police deserve this tarnished reputation by investigating their effectiveness of reducing and preventing crime. I shall be looking into many different aspects of the police, starting with a brief history of the police and how their roles and responsibilities have changed since the beginning of the 19th century. I shall then go on to look at some statistics from the 2001 British Crime Survey in order to attempt to determine the effectiveness of the police in terms of crime reduction. Other investigative matters include police accountability, which takes me neatly to the question of police conduct and complaints- in order to gain an insight into the other side of policing where the so-called 'good guys' are in fact the 'bad guys.' I shall also be looking into the resources available to the police, and thus whether or not they are good enough and how they may be improved. The police, once upon a time, had the image of perfection- in the early 1800s the local 'bobby' was someone who was glad to help out wherever possible, someone who was there for his community, was
Assignment No.2 "Alan, a soldier, was home for the weekend. He possessed several rifles. In a drunken argument with his father, Brian, as to who was the better shot with a gun, Brian threatened to break Alan's nose. Alan was afraid of his father but he was the first to load one of the rifles and, a little wobbly on his feet, took aim at Brian and, in haste, shot and injured him. Feeling shocked, Alan fired a second shot at an expensive vase which shattered. Alan managed to call for an ambulance but the ambulance was delayed by a freak storm. Eventually, Brian arrived at hospital where his injuries were treated. After several days he developed an infection in the wound. He was treated by Doctor Chris with an antibiotic to which Brian was allergic. The next day, seeing that he was no better, Doctor Chris administered more of the same antibiotic to Brian in extremely large doses. That night, weak, delirious and close to death, Brian jumped out of the window when he saw the doctor approaching. He fell two storeys to the ground and was killed. Alan confessed to the police that he had lately been hearing voices and believed that his father Brian was the devil. He had not wanted to kill but had wanted to frighten his father. Doctor Chris confessed to the police that he was diabetic and had not had time to eat properly after taking his insulin. Discuss the liability of
The report contains a detailed discussion of the historical origins and development of the modern prison system. It gives an account of conditions in
Home Office Advisory Report Prisons and Penal Policy Origins and Development of the modern day prison system. By Gillian Dickinson 7 December, 2004 Table of Content Page Task 1 1 Introduction- Aim of report Origins of Reformation- Era of Enlightenment History of |Prisons- 17th & 18th Century Penal Reform- John Howard 2 The Development of Prisons- The 1823 Gaols Act The Bloody Code- The Du Cane era The Gladstone Report- Changes in Penal Policy Origins Of Borstal- Provisions for juvenile offenders . Introduction Aim of report The report contains a detailed discussion of the historical origins and development of the modern prison system. It gives an account of conditions in prisons and the lifestyles experienced by inmates during the era of 'Enlightenment' and the era of 'The Bloody Code' of Victorian Britain. The reformative changes in penal ideas, punishments and practices that have impacted upon the treatment of prisoners will be included in the discussion. Reference is also made to the methods of punishment used prior to the era of 'Enlightenment' and how the changes, introduced as a result of a more reformist approach to punishment have shaped the prisons of today. .1. Origins of Reformation Era of Enlightenment During the 1600's, society embraced a system of