The Children and Young Persons Act 1933, s50 provides the age of criminal responsibility and provides that no child under the age of 10 years can be held guilty of any offence. In the current case, Kyle being 14 years old, the issue is to determine the criminal liability of Kyle for the death of Amir.
View More >>Moral luck argument cannot be conducted without regard to personal responsibility. The argument cannot be done without having reference to the essence of criminal law. Criminal law focuses on the kind of harm and not much to identifying the person responsible for the harm.
View More >>As a patient, the hospital is a place where they get well and better in the angelic hands of physicians. What happens when the doctors who are supposed to diagnose and treat patient’s illnesses performs.
View More >>The term gruesome means something that is causing repulsion or horror. It is used in situations that have extremely unpleasant happenings.
View More >>Utilitarian philosopher, Jeremy Bentham formulated felicific calculus. The function of the felicific calculus was to provide the calculation of the degree or the level of pleasure that given action can cause.
View More >>Battery involves the unlawful use of force against other people. In battery, the actus reus is simply using the force. The case of R v Ireland established the definition of battery.
View More >>The reports first section defines crime and further illustrates the actus reus and mens rea elements of a crime. Additionally, in the second part, the burden of proof is also described.
View More >>Serial killing as a phenomenon in criminology studies has been explained on the basis of criminological theories that seek to link the crimes to the various factors that can explain the making of the criminal.
View More >>In the UK, the number of people who died in police custody from 1990 to 2018 stands at 1649, of which 14 percent individuals belong to the Black and Ethnic Minorities (Inquest, 2018). There are many controversial aspects of custodial deaths, predominant amongst which is the issue of race and its impact on how police treats suspects and those in detention.
View More >>I will immediately ensure that my conversation with Frankie is confidentiality and is not overheard by any other person at the police station. I need to obtain from Frankie initial information including the reason for his arrest, complaints and concerns, which he did share with me. I will explain my role to Frankie as his Defence Solicitor. I will advise Frankie and warn him that whatever conversation we have is not off the record.
View More >>This essay discusses the human rights frameworks contained in the Human Rights Act 1998, the European Convention of Human Rights, and EU Charter and how it interacts with the principle of parliamentary sovereignty in the UK. This essay critically evaluates the extent to which developments within this area challenge or reinforce the principle of parliamentary sovereignty in the UK.
View More >>The foundation of criminal liability rests on the two contemporaneous principles of actus reus and mens rea, which in other words are traditionally described as the ‘conduct element’ and ‘mental element’ of a crime, respectively.
View More >>In the year ending December 2018, there was a range of cybercrime, including fraud and computer misuse, such as fraud related to bank and credit accounts, consumer and retail fund and other activities, and online crimes (The Home Office Police, 2019). Cybercrime is rising in scale and in complexity. The increase in ransomware campaigns evidence this aspect (The National Crime Agency, 2021).
View More >>Welcome to the student Assignment workbook which will guide you through the assignment requirements for this unit. Having engaged in the unit thus far this is your one and final assignment for the unit. You are expected to independently gather enough information so that you are able to answer the set questions for each week. The portfolio itself will account for 100% of the graded marks for the unit. The teaching team for the Understanding Individuals and Society have produced this workbook as a practical aid for you as students on this unit in readiness for submission of your portfolio. On completion of the tasks within this booklet you will be required to submit the booklet ONLINE VIA THE BREO SUBMISSION PORTAL.
View More >>Rehabilitation is the process of helping the person, who has accused for crime or suffered for illness or injure where it is effective for restoring the lost skill and social values as well as the individuals can restore their social lives accordingly.
View More >>There is a significant number of lay magistrates officiating in magistrates’ courts. Their involvement in the justice system is voluntary and is based on the local knowledge that the bring to the cases. This essay argues that the use of lay magistrates is important to ensure trial by one’s peers, provided that the lay magistrates represent the communities they serve. Evidence from research indicates that although there is some improvement in diversity of the magistracy, there is still underrepresentation of some groups related to race, gender and age.
View More >>The two core elements of murder are actus reus where there is an unlawful killing of a human being in the Queen's peace; and mens rea is malice aforethought where there is an intent to kill or to cause GBH.
View More >>Violent crime is not confined to serious cases of physical harm such as wounding and homicide. It also covers offences ranging from minor assaults to harassment and abuse. The face-to-face victimisation survey conducted.
View More >>Bowen (1953) produced a piece of seminal nature on social responsibility with its inauguration in the period of modern thinking (Carroll 1999). This is on CSR (corporate social responsibility), where there has been a development on the management academic literature causing large-scale debate on the topic’s nature.
View More >>This essay will assess the hierarchical structure of the court and tribunal system in England and Wales
View More >>The appellant is an inmate in Prison Wymott. The root cause of the action started with his complaint of being exposed
View More >>The analysis of crime has always been done by understanding the cause and effect of an action which has been the centre point for academicians, scholars, legislatures, judiciary etc. The criminal liability arises when an individual act beyond its duty to provide care
View More >>The UNODC (2020) notes that human smuggling is becoming more organised and is carried out as part of professional
View More >>In the past three years, the youth criminal justice system in the UK has been under much uncertainty
View More >>Individuals in leadership positions have been considered to be influential and capable of inciting
View More >>In order for a person to be guilty of theft, there must be actus reus and mens rea. For proving mens rea, there must
View More >>A constant tiff between medical and legal professions occurs from using insanity as a defense which draws
View More >>This essay discusses critically the proscription charge against David and discusses whether he may be able to overturn any possible conviction under the charge
View More >>Section 39 of the Criminal Justice Act 1988 provides for the offences of common assault. It is an assault if a person, intentionally or recklessly
View More >>The issue with respect to Jim is related to his criminal liability with respect to his violent actions against Fred
View More >>In relation the abovementioned case study herein, concerning Joseline and Max, we could find several kinds of crimes that have been committed by Max and that the liability of Max shall be of in several different criminal categories herein. In this answer, we shall critically consider and
View More >>In this situation, the most appropriate step to take would be to apply to the court for an order of deemed service
View More >>In the UK, one of the recent indications of how professional service providers facilitate money laundering was the Panama Papers scandal and one of the revelations of this scandal was the ways in which some members of the legal profession has aided in the
View More >>A police investigation is critical to today's curbing and prevention of crime. An investigation is applied in the criminal realm
View More >>Rape refers to sexual assault, often including penetration and sexual intercourse, which are carried out against an individual without consent
View More >>In the UK, the issue of disability among the people is increasing over the last years and according to Mental Charity created
View More >>In reference to the given case study, we shall discuss the potential liability on part of Adam and Mia to be booked under the act of involuntary manslaughter, governed by the English Law.
View More >>In this problem scenario, there are two issues. First issue is whether Adam may be potentially liable for involuntary manslaughter.
View More >>Raashi demanded money from the cashier stating that she had a gun. This caused the cashier to panic thus pushing the alarm button. It would seem that the actions of Raashi caused the cashier to be frightened and fear for her life. The House of Lords in Fagan v MPC
View More >>The Public Order Act, 1936, under Section 5, creates a summary offence arising from what may be broadly described as a threatening behaviour, punishable on summary conviction, with a fine not exceeding level three on the standard scale. The offence is said to be committed when a person:
View More >>The defence of diminished responsibility has historically been considered a distinctively Scottish plea whereas in England and Wales,
View More >>Principle around recklessness has gone through significant events, starting from the rules of Cunningham to Caldwell and to subjective approach to recklessness in R v G. This essay will analyse components of recklessness, discussing the principles in these cases and other relevant
View More >>According to Section 8(1), a “person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force.”
View More >>In this scenario, Carole has after being persistently being provoked by her sister Louise, caused her death by hitting her on the head with a crowbar.
View More >>Post traumatic disorder is the only psychiatric illness where the aetiology is clearly attributed to. The disorder has become increasingly prominent
View More >>Prosecution bears the persuasive burden to disprove common law defences and the defence has the burden to adduce sufficient evidence to raise the issue of existence of the defences. The defence has to prove, based on probabilities, a fact that is essential to determine the accused’s
View More >>Case law in more formal words is referred to as the Doctrine of Precedent, which in simple terms could be referred as the judge made laws. In English law there are various sources of law like legislation or the Act passed by the Parliament being the most important
View More >>A person is guilty of offence of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of the property. In order to find Archibold guilty of theft, actus reus and mens rea must be established. Mens rea comprises dishonesty and permanently depriving the other of property. Actus reus comprises appropriation, of property, and property belonging to other. These five elements must be proved theft.
View More >>Across the globe, prison overcrowding poses as one of the most vital contributing factors that results into poor prison conditions. In line with this, it also poses as the biggest problem that faces various prison systems in England and Wales and owing to this, it has severe consequences, which can be life threatening and also preventing prisons from functioning properly (Devlin & Turney, 1999).
View More >>Olga will be criminally liable for common assault under section 39 of Criminal Justice Act 1988. The act of Olga of shouting and slapping Julie is an assault. She intentionally or recklessly caused Julie to suffer or to apprehend immediate unlawful violence. For this offence, it must be proved that Olga committed assault, including battery where she applied unlawful force. In this case, there was a battery, and so, Olga should be charged with ‘assault by beating’. This is supported by the case of DPP v Little (1992).
View More >>The world experienced a dramatic increase in the violation of international laws in the early 1980s and 1990s. The alarming rate regarding such crimes necessitated the United Nations and politically advantaged states to lobby for the formulation of the International Criminal Court (ICC). The creation of a separate court to try offenses that were considered to be gross violations of human rights was seen as an effective mechanism for penalising such crimes and putting up deterrence to such crimes.
View More >>The prison demographic patterns have continually increased over the past three decades. Feeley, (2014) observed that penal practice and ideology ascended from increasing prison population patterns. Besides, there has been a shift in the political valence concerning the constructs of penal policies in the areas of, objectives, discourse, techniques and conception of penal policies. It is along such paradigms that this essay rests.
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