Attempts under the Criminal Attempts Act 1981
Attempts under the Criminal Attempts Act 1981 The matter in this essay is mainly concerned with the extent, if there is any, the Criminal Attempts Act 1981 has explain and simplify the range of activity-application and operation of the law of attempts in English criminal law. The purpose of the essay though, is to explain if the '1981 Act' has cause more confusion or has make the law clear. The issue of the application and operation of the law of attempts will be considered in three stages. The first stage will analyse the requirements for an attempt to be established under the common law. The second stage will analyse the introduction of the new legislation operating attempts under the current law, and finally the third stage will consider whether there are any problems in this area of the criminal law together with criticisms of the law and possible changes. COMMON LAW "Until 1981 the common law flirted with various issues. One of these was the 'equivocality test' under which a defendant had to take sufficient steps towards the crime for his actions clearly and unequivocally to indicate that his purpose was to commit the crime."1 This was clearly in accordance with the 'second order harm' view and the objectivism theory. "If the defendant's acts showed beyond reasonable doubt the criminal end towards which they were directed then it could be said to be an attempt".2
Family law.
VIVIENNE TAYLOR DEFERRED COURSEWORK 334 LAW DUE 31.8.00 LECTURER/TUTOR ROGER KAY WORDS USED EXCLUDIHG CITATIONS AND REFERENCES 2002 BIBLIOGRAPHY The Law Commission Working for Better Law http://www.lawcom.gov.uk/librarylccp148/apa.htm Women and Family Law http://www.helsinki.fi/science/xantippa/wle/wle42c.html Solicitors Journal Vol 135 No 34 pages 981 Landlord and Tenant Update Blackstones LLB Learning Texts Land Law Third Edition Roger Sexton Blackstones LLB Learning Texts Cases and Materials Third Edition Gary Watt Bromley's Family Law Third Edition Bromley and Law Cohabitees 3rd Edition Stephen Parker LLN,PhD ILEX Matrimonial Law L26 Practical Approach to Family Law 3rd Edition Black and Bridge Sourcebook on Land Law Second Edition Goo Swot Family Law 3rd Edition Duncan J Bloy SECTION A Ruth faces two basic problems on the breakdown of her cohabitating relationship with Steven. How is she to manage financially when Steven has been voluntarily maintaining her and Tania? There is no statutory compulsion for him to continue to do so as there would be if she were a wife or if Tania were his natural child. Secondly, where are she and Tania to live given that the tenancy is in Steven's sole name? Again, because she is a cohabitee rather than a wife and also because Tania is not Steven's natural child there is no statutory compulsion for him to transfer
Discuss the role of judges in the English legal system. Do you think that the method of appointment of judges should be changed?
W200 TMA 02 THE DOCTRINE OF PRECEDENT AND THE ROLE OF JUDGES Question 2 Discuss the role of judges in the English legal system. Do you think that the method of appointment of judges should be changed? The role of a judge in the English legal system is a difficult and varied one. In the body of this assignment I will first briefly introduce the English legal system, examine the role of a judge and then discuss their method of appointment and issues that surround it. The English legal system incorporates The Doctrine of Judicial Precedent, which is the principal way in which the law develops in a common law jurisdiction and relies on the concept of Stare Decisis. The doctrine of Precedent simply means that the decision of a court in any particular case will follow a decision of an earlier similar case. It has developed out of the need to establish a common law through out the land. One of the advantages of the English legal system is that it has certainty and predictability as judges have statutes which they interpret and case law where the precedents of superior courts are followed. With this directive, a judge is responsible for conducting both civil and criminal trials within the courts. In civil trials they are responsible for determining the outcome of the case and allocating damages to a successful claimant. (An exception of this is in cases of malicious
English legal history - anti-slavery and the case Gregson v Gilbert (1783) 3 Doug KB 232, 99 ER 629 (KB).
English Legal History AssignmentUB No: 10004566 This English Legal History assignment will critically analyse the case Gregson v Gilbert (1783) 3 Doug KB 232, 99 ER 629 (KB). The case of Gregson v Gilbert is a well-known case about a slave ship named the Zong which was carrying African slaves. It is infamously remembered for the ‘classification’ of the slaves merely as ‘goods’ rather than human beings. It was a landmark case in relation to opposition of the slave trade, another similar case being the case of Somerset v Stewart[1]. As mentioned above, the Zong was a slave ship carrying African slaves. The ship was overcrowded and was carrying more slaves than its capacity could hold. The ship was travelling from Africa to Jamaica. After losing direction and due to a lack of water, a number of slaves died due to their yearn for water, whilst other slaves were thrown overboard. However it was held that these facts did not match a statement in the declaration. This statement claimed that due to the nature of the seas, strong currents and winds, the ship lost its way. It claimed that due to this, the majority of water was used up and some of the slaves died for the need of water. The other slaves were then thrown overboard, apparently to preserve what was left of the remaining water. It was claimed within the declaration that before the ship reached its destination
'The Criminal Cases Review Commission plays a vital role in the criminal justice system. Discuss
. ‘The Criminal Cases Review Commission plays a vital role in the criminal justice system.’ Discuss. Actual word length: 2099 words including footnotes. ________________ The criminal justice system aims to deliver a fair justice process for the public and aspire to convict the guilty and acquit the innocent. This aspiration however strikes in contrast to reality. The human courts are fallible that commit mistakes and innocent people do get convicted (Naughton, 2007:20). The Criminal Cases Review Commission (CCRC), an independent public body, aims to act as an additional safeguard to the appeal system and review possible miscarriages of justices.[1] The CCRC, however, has been ineffective and does not play a vital role. This essay will discuss on the reasons why the CCRC fails to play a vital role. Reasons include the procedural framework, way of investigation, long waiting time before a decision is reached and its establishment leading to misguided perception of the system. There are several definitions of miscarriage of justice but in this discussion, we will use the laymen’s term – to acquit the innocent and convict the guilty. First, the limitation on the CCRC’s power to refer has resulted it in not playing a vital role. Section 13(1)(a) of the Criminal Appeal Act 1995 states that CCRC can only refer cases if it is felt that ‘there is a real possibility
Do subcultural theories offer convincing explanations for group offending by young men and women today? Are there any other theoretical perspectives which you may consider to be useful and relevant?
Do subcultural theories offer convincing explanations for group offending by young men and women today? Are there any other theoretical perspectives which you may consider to be useful and relevant? Young people have always been targets from the criticism of their elders. Their alleged 'wild moral values' have resulted in the definition of young people as a social problem, 'particularly since the end of the Second World War with the adolescent working-class males, especially, being portrayed as a 'folk devil'' (Brake 1980: 1). The 1950s saw the start of what is now the one of the highest priorities on the political agenda: juvenile delinquents. Icons such as James Dean in his leather jacket were regarded as 'out of control'. American street gangs developed their own dress code, language, engaged in drug use and fight for turf. Britain has seen the Teddy Boys from the immediate post-war period, followed by the Mods, Rockers, Skinheads and Punks. Thus, a delinquent subculture can be described as a way of life that has somehow become traditional among certain groups in American society. These groups are the boys' gangs that flourish most conspicuously in the 'delinquency neighbourhoods' of our large American cities. (Cohen, 1955: 13) Chicago sociologists focused on the motivations of delinquents. They argued that there is nothing 'wrong' with delinquents - they simply
The Judiciary.
THE JUDICIARY MRS CHARMAN A judge is a public official appointed to make life-changing decisions regarding the futures of members of the general public. So is it not reasonable for one to assume that a vital criterion for this responsibility is the need to be familiar with the lives of ordinary people and the situations they face? In the evidence it is submitted that in reality there is a coherent argument to suggest that Judiciary is in fact totally unrepresentative and out of touch with society. However, there have been recent attempts to resolve and improve the situation, but the principal point that remains is whether or not these endeavours have proven successful.There is a considerable difference in the number of male judges compared to female judges; this becomes increasingly evident the higher up the court structure. For example there are only eight female Lord Justices of Appeal compared with thirty-five males and no women at all in the High Court as Lord of Appeal in the Ordinary; this is quite obviously a disproportionate number in relation to society. There is a good deal of evidence demonstrating unsympathetic attitudes of male judges particularly in rape cases, a popular opinion is that women are 'asking for it´ through provocative dress or behaviour. The book 'Eve was Framed´, written by Helena Kennedy, expresses it's author's claims that the views of male
Intellectual Property Law.
Intellectual Property Law Q: 'The conception of authorship in UK copyright law in no way presupposes that the author of a protected copyright work is a genius, but it does presuppose that the author is an individual, whether this individual is a human being or a legal person such as a company.' Discuss, paying particular attention to the following questions: Is this an accurate description of the author in UK copyright law? How, if at all, is collective creativity encouraged by UK copyright law? Could or should the law enforce the notion - advanced by commentators such as Jaszi and Woodmansee - that creativity is inevitably collaborative in nature? In copyright law to date, the author acts as the centralising point around which the rules and concepts of the law are organised. With this in mind, deciding upon an accepted notion of authorship and a definition of who or what an author is, is crucial to any further understanding of what exactly copyright law seeks to do. The law is not silent on the definition of an author. Section 9(1) of the Copyright, Designs and Patents Act 1988 (the 1988 Act) states that the author means the person who creates a work. It is further defined in s. 9(2) who the author for the purposes of a sound recording, a film, a broadcast, a cable programme and a typographical arrangement shall be taken to be. Despite this statutory elucidation, yet more
Judgment at Nuremberg
The role of the judge is seen by many as being very clear cut and simple. However, if you look at it in more detail, it becomes evident that it is not as simplistic after all. To begin with not all judges carry the same role. There are some noticeable distinctions to the role of the judge in common law jurisdictions to the role of the judge in civil law jurisdictions. It is important to consider the way in which the law is developed in the two different jurisdictions to enable the role of the judge to be apparent. In a civil law jurisdiction the law comes from a civil code which provides a consolidation of the law of the country. Whereas the law in common law systems is developed on a case by case basis and it is also held in various statutes. Civil law jurisdictions also pay a great deal of attention to the theory of natural law, which is said to be God's law. This looks at the inner morality of law and is said to be superior to manmade law. Lon Fuller stated how "the legal system as a whole must conform to morality" in order for the two to be successfully linked together. "The continental judge treats the code more liberally than the English judge treats statute"1, this is because common law judges depart from statutes more freely to what civil law judges do with the codes, as in civil law jurisdiction the code is used more generously and is given a greater
Judicial Creativity
Judicial Creativity Model Answer Within England, Parliament is the sole law making body. It is sovereign. The question then, as to whether judges should make the law is inevitably deep and extensive. According to William Blackstone's declaration theory, judges no not create the law, they merely discover and declare the law as its always been. To quote Blackstone himself, 'it has always been an established rule to abide by former precedent where the same points come again in litigation a well as to keep the scale of justice even and steady and not liable to waver with every new judges opinion.' This traditional view has been adopted by many judges who, on the grounds of policy, do not believed that they, an unelected body, should be the creators of law. Lord Salmon in R v Abbott is quoted having said 'Judges have no power to create new criminal offences, nor in their Lordships' opinion, for the reason already stated, have they the power to invent a new defence to murder'. Lord Slynn argued, in the case of Brown, that law making in sensitive areas of public policy should be left to Parliament. However, as the R v R case illustrates this is not always reflected in reality. In this case the contemporary factors to consider were that men and women are now viewed as equal in partnership within a marriage. Therefore, it cannot be accepted that a man should dictate to his lawfully