criminology and the criminal justic system related to the Ian Huntely case
Formal Report - (Word Count - 2500) .1 Contents .2 Task .3 The Case .4 The Accused/ History .5 The Facts .6 The Police Investigation .7 Magistrate Court .8 Crown Court .9 The Murder Trial 2.0 The Court Proceedings 2.1 Mental Health Act 1983 2.2 Media 2.3 The Charges in Full 2.4 The Public Services Involved in the Case 2.5 Conclusion of the Case 2.6 Pictures of the Accused and the Victims 2.7 References .2 Task You are required to prepare and deliver a PowerPoint presentation. In pairs choose a case and demonstrate how your case reflects the criminal justice system. The role of the public services must be demonstrated within context of your chosen case. Student must show recent government initiatives in relation to the public Services and their role within the Criminal Justice Systems. In addition you are required to submit a formal report to support your findings identified in the presentation. .3 The Case In the early evening of 4th August 2002, two 10-year-old girls, Holly Wells and Jessica Chapman, were on their way to the shops after leaving their family home and barbeque when they walked past Ian Huntley's house in College Close. Ian Huntley saw them and asked them in, claiming that Maxine Carr, who was known to the girls through her work at their school, was also at home. Maxine Carr was in fact, away visiting family
Punishment is beneficial because it deters, incapacitates and rehabilitates" Critically analyse this statement Introduction The aim of the essay is to define the various aims of punishment
"Punishment is beneficial because it deters, incapacitates and rehabilitates" Critically analyse this statement Introduction The aim of the essay is to define the various aims of punishment and the justification for its application. Also, to identify, analyse and critically evaluate the beneficial effect of the various theoretical approaches to punishment. Each theoretical approach provides a mechanism that attempts to tackle and reduce crime by having a possible detersive effect on a potential criminal. The objective will be achieved by analysis of current prison population and rates of recidivism to identify the beneficial effect of retribution, incapacitation, rehabilitation and deterrence/ Punishment is a complex social institution that affects both social relations and cultural meanings. In order to prevent or limit crime, people have to be made to adhere to certain moral imperatives governing various forms of acceptable or unacceptable behaviour. Every developed society has a system of laws prescribing the infliction of various deprivations on people behaving in a non-conformist manner, both minor and severe. Therefore, law is conducive to punishment. However, the use of punishment requires a degree of justification for deliberately imposing suffering on certain members of society. Justification has been suggested by two conflicting thoughts. These are 'retributive
Consider: i) the criminal Liability of Mo, and ii) Would your answer be different If Billy and John suffered serious wounds but were not killed?.
Criminal Law Coursework Question 5: Consider: i) the criminal Liability of Mo ii) Would your answer be different If Billy and John suffered serious wounds but were not killed?. The problem question is focused on the criminal liability of Mo. Firstly it is necessary to mention that there were two killings which took place in the facts, the victims being Billy and John. Both deaths are linked to the conduct of Mo, and it would be reasonable for a layman to refer to these unlawful killings as murders. However, from a legal perspective the term murder is only applicable, where the necessary Actus reus and Malice aforethought (mens rea) have been identified from the actions of the defendant. In regard to the actus reus, there would be a significant claim that Mo's actions were the substantial cause for both of these killings. Therefore, it would be likely that an accusation of murder would be unavoidable in such a circumstance, the courts would accordingly consider three main issues which are regarded as essential for the existence of any crime. Namely whether there was: an actus reus, a mens rea and the possibility of any defences. As both accounts raise different legal issues it would be logical to address Mo's liability to the deceased one at a time. The scenario may be dissected into two main sections. The first being based on: Mo and her husband's relationship and how this
Criminal Law - Defining Intention
In English criminal law, the prosecution must prove beyond reasonable doubt that the defendant committed the offence with the requisite state of mind (mens rea). Mens rea can be considered to be the ‘degree of blameworthiness’ and the concept of intention is the most blameworthy state of mind. According to Glanville Williams, intention ‘does not need a definition since everybody knows what it means’. In ordinary language, intention means purpose or aim, as everybody knows it. But, the core meaning of intention is fairly straightforward and hence ‘Intention cannot be satisfactorily defined.’ The meaning of intention has caused problems for the courts especially on cases which lied on the borderline of intention and recklessness. The basic definition according to Robert Walker LJ in the civil case of Re A[1] is ‘purpose’.[2] The definition in Mohan[3] could be described as commonsense definition.[4] The ordinary meaning of intention so far is used in the majority of cases. The judges need not to define intention and the jury should use their common sense in determining its meaning. However, in ‘rare’ and ‘exceptional’ cases, the judge should have to give further explanation to the jury on intention to avoid misunderstanding. The jurors are entitled to find intention if a result was virtually certain and the defendant realized it was virtually certain to
![There are different types of consent that include express and implied. Discuss the issues of consent looking at relevant pieces of legislation and case law; in particular refer to the case of R v. Brown [1993] 2 All ER 75 and other decided cases.](https://mbt-essays-prod-public.s3.eu-west-1.amazonaws.com/85708/listing/85708_1.jpg)
There are different types of consent that include express and implied. Discuss the issues of consent looking at relevant pieces of legislation and case law; in particular refer to the case of R v. Brown [1993] 2 All ER 75 and other decided cases.
Consent There are different types of consent that include express and implied. Discuss the issues of consent looking at relevant pieces of legislation and case law; in particular refer to the case of R v. Brown [1993] 2 All ER 75 and other decided cases. Following the decision in the case of the R v. Brown (1993) the issue of consent was raised in English law, and has been of debate since. In most English dictionaries the synonym for consent is agreement. Consent is essential in a number of circumstances; for example, contracts and marriages are invalid unless both parties give their consent. There are 2 forms of recognised consent; they are expressed consent and implied consent. Express consent takes place when consent is communicated directly through speech or conduct and there is little or no doubt as to the consent given. For example by directly saying 'yes' or even through nodding, and other direct gestures expressed consent can be communicated to another. Implied consent however is to indicate consent through body language or conduct without actually directly communicating it, it need not necessarily be the in the positive form either. For example, not disagreeing or communicating in the negative through body language, gestures or facial expressions may imply consent. The latter form of consent is open to ambiguity and to subjective interpretation. As already stated
Justice has been squeezed out of the criminal justice system, as wrongful convictions are at a high rate, despite this age of technology.
"Justice is truth in action" - Benjamin Deraeli (1804-1881) "Fairness is what justice really is" US Supreme Court (Justice Potter Stewart) Justice has been squeezed out of the criminal justice system, as wrongful convictions are at a high rate, despite this age of technology. It seems wrongful convictions have become routine, as heartless prosecutors and police are concerned only with mounting up evidence that is biased instead of producing objective proof. The system today is budget and career driven, justice be dammed! Does the present legal system fail to ensure the right to justice for people in our society? Is there a sense that prosecutors, police investigators and politicians alike are manufacturing guilt in order to close cases and accumulate convictions? What can be done to stop this injustice? An analysis of 62 wrongful convictions showed that prosecutors suppressed exculpatory evidence in 43% of them, knowingly used false testimony in 22% of them, coerced witnesses in 13%, and fabricated evidence in 3% of them. Meanwhile, the police suppressed evidence in 36% of the cases, fabricated evidence in 9%, and lied in other ways in 55% of them.1 It has been established that hair analysis is a very weak evidence source. Eyewitness testimony is only as accurate as a coin flip and crime labs are dependent on police budgets (and thus on police goodwill). The number of
Was Neurath justly convicted at Nuremberg?
Henry Parker- 3rd Yr Hist/pol Uni no: 0009343 Eastern Europe in Crisis- R.Okey Was Neurath justly convicted at Nuremberg? Constantin von Neurath was one of only four defendants at the Nuremberg to be found guilty on all charges. The crimes of which he was accused and convicted are similar to many of leading Nazi figures who were tried at Nuremberg. They included crimes against humanity, "acts of aggression" against Austria and Czechoslovakia, promotion and assistance of the Nazi party and engagement in a "nazi conspiracy for consolidation in preparation for war"1. At the outset, we must asks ourselves was Neurath really as heinous a figure as a Goering, Ribbentrop, Keitel or Rosenberg, the other men found guilty on all counts by the court? Did he really share the same kind of wholehearted commitment to the Nazi ideology and the regime that these men did? And if he didn't, should he have been tried for war crimes at all? Admittedly, Neurath received a lighter sentence, fifteen years in prison, than the others who all received the death sentence. However, we can go further. When one looks at his actual record in service of the third Reich, it is noticeable that he advocates and implements consistently more moderate policies, in a wide range of areas, than his co-defendants at Nuremburg. Upon further examination of documents of the period and recent literature, you could
How are minorities treated by the American Legal System? Explain the bias that exists at each step of the process. Apply "Incident at Oglala" (the story of Leonard Peltier) to the steps of the process.
Punishment and Corrections Final Exam Mandatory Question: How are minorities treated by the American Legal System? Explain the bias that exists at each step of the process. Apply "Incident at Oglala" (the story of Leonard Peltier) to the steps of the process. How was the treatment of the first two defendants different than the treatment of Peltier? Why do you think the outcomes of the first trial were different than the outcome of the second trial? Why is there such resistance to release Leonard Peltier from federal prison? Defend your answer. The differential treatment of minorities in the American criminal justice system begins at the very first stage of that system: the investigation of suspected criminal activity by law enforcement agents. Police departments disproportionately target minorities as criminal suspects, skewing at the outset the racial composition of the population ultimately charged, convicted and incarcerated. The racial generalizations that inform policing strategies in America today are subtle, deeply rooted, and difficult to eradicate. Police seek to uncover criminal activity by investigation. They patrol the streets looking for activity they think is suspicious, they stop cars for traffic violations in the hope of discovering more serious criminality, and they engage in undercover operations in an effort to uncover crimes, like drug
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
![Critically examine the defence of provocation. Including the implications of the House of Lords' decision in Morgan Smith [2000]](https://mbt-essays-prod-public.s3.eu-west-1.amazonaws.com/83523/listing/83523_1.jpg)
Critically examine the defence of provocation. Including the implications of the House of Lords' decision in Morgan Smith [2000]
Critically examine the defence of provocation. Including the implications of the House of Lords' decision in Morgan Smith [2000] 3 WLR 654. The defence of provocation is a partial defence, pertinent only to murder. If successfully pleaded, liability is reduced to manslaughter. For the defence to succeed there are three requirements: (i) There must have been some act(s) or word(s) of provocation (ii) The defendant must have lost his self control (iii) The circumstances must be such that a reasonable man would have reacted as the defendant did, the requirements come into light from section 3 of the Homicide Act 1957. However great contention arises over the latter two requirements, which remain highly subjective and value laden on discussion. The excusing element of the doctrine of provocation is derived from the subjective requirement - evidence that D was provoked to lose self-control. Reason being to exonerate the individual from the murder offence, where the entirety of fault lay not solely on the defendant. It is important to stress at this stage that the Homicide Act, requires that the accused was provoked to lose self-control, the sole fact that self control was lost will not suffice for a successful defence. It appears that section 3 remains open to wider interpretation in the sense that the provocation can come from a third party, a person other than the deceased,
