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Question: ‘In our opinion…[in some cases of unlawful act manslaughter] the offender’s fault falls too far short of the unlucky result. So serious an offence as manslaughter should not be a lottery…’ (Criminal Law Revision Committee, 1980, cited in Clarkson and Keating, Criminal Law: Text and Materials, 1998, P670.)

Explain and discuss.

Answer: It has long been debated that the offence classed as unlawful act manslaughter and the sentences that those found guilty of it are given are harshly exaggerated considering the defendant may have...


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Details: - Mark: 64% | Course: Criminal Law | Year: 2nd/3rd | Words: 2880 | References: No | Date written: Not available | Date submitted: October 14, 2008 | Coursework ID: 86

Question: Critically examine the development of on-line pornographic material and its legal regulation. What different types of regulation of this material exist, and what are the advantages and disadvantages of theses forms of regulation?

Answer: The circulation of pornographic material has been an issue for a number of years, long before the introduction of the internet. The arrival of the internet meant that such material could accumulate...


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Details: - Mark: 64% | Course: Criminal Law | Year: 2nd/3rd | Words: 2183 | References: No | Date written: Not available | Date submitted: October 14, 2008 | Coursework ID: 83

Question: The principle of Mens Rea ensures that only the morally culpable are punished for their crimes. Discuss.

Answer: In order to consider the above statement, we must initially define what it means. Mens rea is described in the Oxford Dictionary of Law1 as: “The state of mind that the prosecution...


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Details: - Mark: 64% | Course: Criminal Law | Year: 2nd/3rd | Words: 2514 | References: No | Date written: Not available | Date submitted: October 14, 2008 | Coursework ID: 79

Question: ‘The law is in urgent need of clarification on the issue of consent in relation to assault and battery.’ Discuss.

Answer: The lack of statutory regulation on the issue of consent in relation to assault and battery has left it exposed to much criticism. Although it was hoped that the Offences Against the...


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Details: - Mark: 64% | Course: Criminal Law | Year: 2nd/3rd | Words: 2366 | References: No | Date written: November, 2006 | Date submitted: October 13, 2008 | Coursework ID: 35

Question: ‘Public order has always been an area in which governments have been tempted to assert their authority by responding to particular events with legislation …’ The enactment of legislation may, however, have more to do with ‘the symbolic affirmation of a political commitment to enforcing public order, maintaining public authority and expressing support for the agencies of control than it has to do with instrumental changes in criminal law.’ Discuss.

Answer: Public Order is, conceptually, a very indistinct subject. A clear division between public order and all other criminal law is not possible. Legal theorists may draw attention to two fundamental elements of...


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Details: - Mark: 63% | Course: Criminal Law | Year: 2nd/3rd | Words: 2602 | References: Yes | Date written: Not available | Date submitted: February 18, 2009 | Coursework ID: 320

Question: The current legal definitions of intention and recklessness are not entirely successful in ensuring that those, and only those, who are deserving suffer punishment for their wrongdoing. Discuss with particular reference to murder and criminal damage.

Answer: The mens rea of murder is known as ‘malice aforethought’. This means that the accused must have either intended death or GBH. As the current law stands, there are two different types...


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Details: - Mark: 63% | Course: Criminal Law | Year: 2nd/3rd | Words: 1979 | References: No | Date written: Not available | Date submitted: February 18, 2009 | Coursework ID: 315

Question: ‘The mens rea of murder-leave it alone.’ Discuss.

Answer: The requirement of mens rea, which literally translates as ‘guilty mind’, involves that the defendant must not only intend to agree on the commission of the particular offence, but also intend that...


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Details: - Mark: 63% | Course: Criminal Law | Year: 2nd/3rd | Words: 2047 | References: No | Date written: Not available | Date submitted: February 18, 2009 | Coursework ID: 305

Question: Parental Responsibility for Delinquent Children: An Answer?

Answer: Youth crime is on the increase and in an effort to appease public concern, the Government continually tries to find new measures to deal with the problem. Harsher and more speedy sentencing...


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Details: - Mark: 63% | Course: Criminal Law | Year: 1st | Words: 1989 | References: No | Date written: October, 2002 | Date submitted: February 16, 2009 | Coursework ID: 214

Question: Discuss how successful the courts have been in defining intention.

Answer: The Mens Rea of a crime refers to the mental element or the state of mind the defendant possesses in order to be liable for an offence. Mens Rea can be any...


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Details: - Mark: 63% | Course: Criminal Law | Year: 2nd/3rd | Words: 3194 | References: Yes | Date written: March, 2003 | Date submitted: October 14, 2008 | Coursework ID: 84

Question: Critically examine the defence of provocation. Including the implications of the House of Lords’ decision in Morgan Smith [2000] 3 WLR 654.

Answer: 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...


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Details: - Mark: 63% | Course: Criminal Law | Year: 2nd/3rd | Words: 3748 | References: No | Date written: Not available | Date submitted: October 14, 2008 | Coursework ID: 82


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