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
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
Personalism-impact on victims and how Restorative justice conference can balance the interest of victims and the public.
Introduction There are many different definitions of crime. One is as in the current justice system, which views crime as an act or omission that the law makes punishable. The other system, which has been increasingly popular in recent years, is restorative justice, which perceives crime as 'an injury of people and relationships' (Zehr, 1990) rather than merely a violation of law and social norms. Due to these conceptual differences, they take different approaches in response to crime. The existing system highlights the retributive and punitive domain; it intends to establish blame on offenders and make offenders repay their debt to society by punishment. The system is more offender-oriented and its focus is the past rather than the future. Besides establishing blames, it tends to give less attention on future-oriented concerns like how to repair the damages caused by the crime and how future recurrences can be prevented. It has been argued that the existing system places excessive emphasis on the past and is less constructive to victim, offenders and the society. From the restorative justice perspective, crime is viewed as social conflicts within the society. Restorative justice system was designed to restore social harmony and repair the damages of social conflicts. It begins with repairing the harm suffered by victims and assisting the reformation of offenders. It
'The existence of a duty of care is ultimately a question of policy'. Discuss.
'The existence of a duty of care is ultimately a question of policy'. Discuss. In previous years, the concept of duty of care has been applied by various courts to act as a control device in order to determine and limit the categories of who can bring claims in negligence and in what circumstances. Worryingly, judges have shown the ability to strike out cases by deciding that a case is non-actionable and this ability has mostly been exercised in cases concerning public policy. It is here where it is seen that a duty of care will only exist if it does not run contrary to the ideas of public policy. Policy has played an important part in limiting the scope of the duty of care. So is the existence of a duty of care, ultimately a question of policy? To a certain extent, it can be seen that the existence of a duty of care, is ultimately a question of policy. Until very recently courts have has discretion as to whether or not to attach a duty of care to a particular public body and it is these decisions which have been influenced by policy arguments and decisions. This approach has been adopted particularly where there is an overriding public or general interest which awards defendants a certain degree of immunity from litigation. Courts have often justified their actions of not imposing a duty of care upon public bodies using arguments that reflect their concerns should a
Does Article 15 of the European Convention on Human Rights achieve the correct balance between allowing States to tackling situations involving a national emergency and ensuring continued protection of human rights?
ECHR Essay - December 2002 Alexander Korff 000378523 Article 15 - Derogation in time of emergency Does Article 15 of the European Convention on Human Rights achieve the correct balance between allowing States to tackling situations involving a national emergency and ensuring continued protection of human rights? . Introduction The international guarantees for the protection of human rights are of special importance in times of war or national emergencies, as it is precisely then that States will be most likely to deviate from the standards of human rights that would be accepted in times of peace. There are clear reasons why, to give an example, States may require that the period of time for which a person is detained is extended. The interpretation of whether the measures taken were justified at the time and whether the steps taken were 'strictly' necessary and whether a national emergency even exists need to be scrutinised closely by the Courts when overseeing States who have derogated from certain Convention rights. To answer the above question it is necessary to look both at the precise wording of Article 15 and at the way in which that Article is applied by the European Court of Human Rights. In this essay, I will therefore first examine the limitations which Article 15 itself imposes on States - with reference to certain other
Rule of Law
4. The Sixth Sir David Williams Lecture- The Rule of Law The difficulty of formulating an accurate definition for the Rule of Law has long been recognised by the authors of the Constitutional Reform Act 2005. The task of definition has therefore been left to the courts, leaving room for the meaning of the concept to somewhat evolve over time. Lord Bingham accepts that such a task of definition is a challenge, but nevertheless attempts it by examining its implications, which are presented in a series of eight sub-rules. The first of his proposed sub-rules states that 'the laws must be accessible and so far as possible intelligible, clear and predictable.'1 In other words, people who are bound by the law must be able to find out what it is without undue difficulty. Legislative hyperactivity poses a threat to the proposed rule -'in 2004, some 3500 pages of primary legislation; in 2003, nearly 9000 pages of statutory instrument'2- as the sheer volume of legislation in itself raises problems of accessibility. Law judgments create similar problems due to their thorough and consequently lengthy nature. However, the superiority of common law judgments over single Privy Council judgments holds true, as a single judgment supported by very concise concurrences can cause continuing problems of interpretation. Lord Bingham's second sub-rule affirms that legal issues should be resolved
Attempt to establish the relative advantages of both custodial and non-custodial sentencing in relation to punishing offenders in the United Kingdom.
The purpose of this essay will be to attempt to establish the relative advantages of both custodial and non-custodial sentencing in relation to punishing offenders in the United Kingdom. The concept and rationale for punishment will be discussed, drawing on theoretical perspectives as analytical and evaluative tools. The essay will conclude with an overall evaluation of the merits and demerits of custodial vis à vis non-custodial sentencing and a projection for the future of sentencing. Garland defines punishment as a 'complex social institution,' arguing that it is a mechanism for dealing with criminals in a legally administrative way, but that it is also an expression of state power, a statement of collective prevailing morality, emotional expression and economically-linked social policy (Garland, 1990, p. 287). Punishment may also be defined as anything that is unpleasant, a burden, or an imposition of some sort on an offender. Thus, compensation is a punishment, as is having to attend a counselling program, paying a fine, having to report to a probation officer on a regular basis, or doing work for a crime victim (Duff 1992, p. 73; Davis 1992, pp. 44-45). Why society punishes and what punishment can and cannot accomplish are central issues to this essay so that the concept of punishment, manner and the degree to which it is metered out can be understood; not just
Role of The Ombudsman
PUBLIC LAW 1: ASSIGMENT 2 971 Words An essay on the ombudsmen _____________________________________________________ This essay considers the role of ombudsmen in resolving disputes in contrast to the role played by the judiciary. In answering this question it will be noted that the ombudsman system does not overlap with the judiciary, but rather, it closes the gaps created by the judiciary. It will be argued that although the system has advantages over the judiciary, it also has limitations. Though the question refers to ombudsmen in general, the essay will make reference to the Parliamentary Commissioner for Administration in discussing the role played by ombudsmen how this role may be improved. Introduction The ombudsman has emerged as an effective method of dispute resolution in today's world. Its ideologies have been accepted widely as an attractive alternative to litigation. Consequently, it provides the public with remedial action where none is available through courts. Unlike courts, the ombudsman's services are cost effective, flexible, and informal. These qualities have contributed to its success in seeking justice against bad decisions. The origin The ombudsman concept has existed since the 19th century. Sweden was the first country to introduce an 'ombudsman' whose role was to investigate complaints from ordinary citizens.1 However, it wasn't until 1967
