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Describe patterns of gender differences in criminal behaviour.
... October 2003, there were 5,273 males and 172 females serving life sentences. Of female offenders in prison most were in for drug, theft and handling stolen property offences, this accounted for 60% of known female offenders. In addition, the number ...
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Is There Any Rational Basis for the Distinction Which Criminal Law Draws Between Acts and Omissions? How consistently is the Distinction Maintained?
... acting as an officer of justice, whilst as he was in uniform and on duty he stood by and failed to assist a man who was beaten to death by a doorman of a nightclub. His omission to act had ...
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R v Nedrick and R v Woollin: intention in murder.
... decisions over the last 20 years. The mental element required for murder has varied over the centuries, from when judges were prepared to treat killing by any unlawful act as murder, there has been a steady contraction of the definition ...
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‘The mens rea of murder-leave it alone.’ (GLANVILLE WILLIAMS)
... competing and divergent views on this issue, with some focusing on the intention to establish the requisite mens rea, while others have looked at the issue of indifference or recklessness.
The definition of intention at common law has been defined by ...
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"All inchoate offences should be abolished on the theory that society is not harmed until the crime is completed" - Critically evaluate the strengths and weaknesses of the above proposition.
... the offender urges, suggests, persuades, etc. another to commit a crime. The mens rea of incitement is again intention, this intention is to bring about the required result. The actus reus of attempts exists when a party does an act, ...
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"Foresight of consequences is not the same as intent."
... probable or maybe possible that death will result.
While the first clearly involves intention and the last does not amount to intention, there is a problem in relation to the other two which involve differing degree of advertent risk-taking or foresight. ...
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"In general the criminal law prohibits the doing of harm but does not impose criminal liability for an omission to act". Assess the truth of this statement and the arguments used to justify it.
... has lead me to believe that the statement above is false.
For example if somebody refuses to provide a breath sample or failed to report an accident, they can then be found liable because a limited number of statutory provisions create ...
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"In most societies there is a conflict between individual privacy, civil liberties and the need to provide adequate protection for the community" - Discuss.
... do; only the government is to blame for that. Law enforcement is not limited to police, however, courts themselves may impose fines and the like to protect the community - as seen with the Sydney hotelier receiving a $20,000 fine ...
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"In Struggling to define the boundaries of Involuntary Manslaughter the courts have encountered considerable difficulties and the resulting model is not a credit to English Law." - Discuss whether this criticism is justified.
... gun at the friend who was taking it as a joke, both men thought the gun would not fire but the defendant pulled the trigger and killed his friend, he was convicted of manslaughter and appealed, the appeal was allowed ...
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"Justice should not only be done, but should manifestly and undoubtedly be seen to be done." - Lord Hewart
... law promotes. Whilst there is clear merit in the argument that different tiers of justice exist3, it is generalist to argue it is the result of an insidious state ideology. Communication difficulties, unrepresented defendants, and uncompromising police were all prevalent. ...
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"Mark Has Been Arrested for Theft of a Bottle Of aspirins From His Local Chemist" Describe the Pre-Trial Procedure and the Key Decisions That Must Be Made.
... the police officers involved in the case.
Studies by Cain (1973) into how the police exercise their discretion show a wide variety of circumstances that can affect the decision to arrest. For example, the officer may feel that Mark's offence ...
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"Prison makes bad people worse". Critically evaluate this statement in light of rising prison numbers.
... work if used " not as a mechanism for reform or rehabilitation but as a means of incapacitation and punishment that satisfies popular political demands for public safety and harsh retribution" (Garland, 2001, p.14). The Conservatives believed, at this time, ...
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"Take two diffrent concepts of Justice from the lecture series and explore their key features"
... on transforming wrongdoing by healing the harm, particually to relationships that is created by harmful behaviour. It is not any particular practice, but a set of principles which may orientate the general practice of any agency or group in relation ...
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"The law of provocation in the last decade has become too favourable to battered women who kill their partners" Discuss.
... there is any evidence of provocation, the trial judge must leave the issue to the jury (see s.3 above).
In R V. Doughty (1986), the murder conviction of the accused who killed a 17 day old baby because she wouldn't stop ...
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"The Probation Service has changed forever from its original aims which were to 'advise, assist and befriend'." Discuss this statement in relation to the changing role of the probation Service
... employ at least one probation officer. Although this was the foundation of the professional probation service, the missionary still had a place in the probation of offenders for many years. The Probation Service slowly encapsulated a number of early theories ...
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'Analyse the meaning of the words 'appropriation' and 'dishonesty' within the Theft Act 1968
... of himself or a third person.'
Section 2(1)(b) provides that it is not dishonest if a person 'appropriates the property in the belief that he would have the other's consent if the other knew of the appropriation and the circumstances ...
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'Explain why estimates place the number of secured convictions at around 2% of total crimes committed'.
... CPS begin sifting through the evidence that has been presented to them by the police on behalf of the victim, eventually the CPS make a decision whether to commence a prosecution or to terminate the case (largely based on the ...
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'In general, the criminal law prohibits the doing of harm but does not impose criminal liability for an omission to act' - Assess the truth of this statement and the arguments used to justify it.
... s.7 Road Traffic Act 1988. Failure to provide a specimen, of breath, blood or urine when required to do so would make the person criminally liable.
The remaining situations where an omission to act will result in criminal liability are not ...
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'In our opinion, the offender's fault falls too far short of the unlucky result - So serious an offence as manslaughter should not be a lottery
' Explain and discuss.
... of murder.
The penalties for unlawful act Manslaughter have been heavily scrutinised over the years. Lawmakers have tried to find a balance between the fact that the defendant did not wish the person to die and the fact that ...
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'Reintegration of Offenders'- what does this mean?
... community in helping positive reintegration.
According to Masters (1994, 7) reintegration helps an offender adjust and fit back into the community. It is believed that changing the behaviour patterns of an offender is difficult or even impossible. Reintegration is a ...
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'The actions of Nellie Hall alocal Birmingham Suffragette - source related study.
... like her suffragette friends to see the letter aswell.
It also says:
"I have 21 days 2nd division"
This is where she is situated in the prison according to her crime. 2nd division is for political crimes showing she has done something ...
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'The principle of Mens Rea ensures that only the morally culpable are punished for their crimes' - Discuss.
... only one part of it can be established. Moreover, the mental element assists greatly in establishing the blameworthiness of the accused - obviously a crucial factor in regard to sentencing. This is because although individuals should be held responsible for ...
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'The Woolf reforms have joined the long list of failed attempts to reform the civil justice system.' Discuss.
... and a more rigid system less hospitable to a high volume of diverse cases, faster civil justice has come at an extremely high price. Therefore, complex problems such as front-loading, increased cost, and hurried cases, have shown that Woolf's reforms ...
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'Understanding what crime statistics actually mean is crucial' (Abercrombie and Warde) - Elucidate.
... fears of consequences of reporting. They also have a tendency to over-represent working class crimes and under-represent corporate and government crimes including those committed by themselves, the police. Secondly, there is Victimisation Surveys- namely the British Crime Survey (BCS); these ...
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'Youth Justice- The Next Steps'.
... manageable re-offending rate and a realistic chance towards achieving their themes of "restoration, responsibility, and reintegration"
The proposals are optimistic as they have a dual goal of protecting and educating young offenders (YOs), but the underlying idea to shift more ...