...Attempt is a form of an inchoate offence, in that, although the accused has the necessary mens rea for the offence, his or her actions are not sufficient enough to constitute the actus reus for the complete offence. Attempt is a requisite addition to the criminal law for both practical and moral reasons. Firstly, a person who intends to commit an offence is no less morally liable than an individual who does, simply because his actions did not materialise the offence wholly. Secondly, it is in societies best interests to ‘strike out pre-emptively against criminal behaviour rather than stand idly by and wait for its pernicious consequences to reach fruition before acting’. The law of attempt has been plagued with contentious issues throughout...
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...lawteacher.net http://www.lawteacher.net/free-law-essays/2-2-essays/criminal-liability-essay.php Criminal Liability Essay "Criminal liability and the justifications for, and objectives of, punishment are based on the notion of individual blameworthiness" In light of the above statement, consider whether imposing criminal liability on corporations for manslaughter is ever justified. Introduction English law has yet to come to terms with the conceptually difficult task of attributing liability for manslaughter to a corporate entity. The essential problem is that a corporation is granted an independent status by a pragmatic legal fiction which affords an identity to entity which has no physical existence. Salomon v. Salomon & Co. [1897] is authority on this point. This is done in order to allow the corporation to assume responsibility and rights in its economic activities and this device has proved extremely useful in encouraging commercial risk taking and entrepreneurial activity. However, problems arise when it is necessary to consider the question of the criminal liability of the corporation, because one of the fundamental precepts of criminal law is that of personal criminal responsibility. The way in which criminal law attributes liability is by ascertaining a mens rea (a guilty mind) and an actus reus (a guilty act) on the part of the accused. It is difficult to accuse a company of possessing a guilty mind, because it has no personal mind or conscience, and it...
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...Legal Aspects of Intoxication Aditya Vikram Yadav Student Chapter 1 Abstract Intoxication as defined in S. 86 has remained a convenient defence in numerous murder cases, as it allows for acquittal in case of temporary insanity due to drunkenness. Through this paper we explore the jurisprudential history and the legal aspect of intoxication and find ways to bypass the landmark judgement of Basdev v. State of PEPSU(1956), which established the doctrine of insanity based on previous English judgements. This paper seeks to find ways for the police to establish guilt in such cases. S. 86 Scope of Section – The Indian Courts attribute the same knowledge to an inebriated person as they do to when he is sober. If the man has not gone very deep in drinking, the court can gather from the facts his intention, and whether the act was intended. Therefore, in cases where intention is essential, drunkenness is a defence. This section creates an artificial rule for effect of evidence and significance of facts, and the section must be read as it is and construed strictly. No knowledge or intention further of that of a sober man can be established to an intoxicated person. Drunkenness where not available as a defence can be offered as a mitigator of sentence. The section makes clear that intoxication has no effect on a person’s knowledge, and he must be presumed to cause the consequences of his acts. The difference between S. 85 and S. 86 is essentially based on whether the drunkenness...
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...Bobbs Lyonga Elive Solomon Polytheism in Christianity, true or false? 11th September 2015 Word Count: 4104 Polytheistic Overtones In The Bible Man was created a worshipper. It is a proven fact that there is a universal belief in God, god or gods in every nation on the face of the earth including the most primitive societies. The reason being that after the fall of man in the Garden of Eden as the bible describes in the book of Genesis, man was separated from His creator and became spiritually dead. With a fallen spirit and a blinded mind, man who was created with an intuitive belief and knowledge of the existence of God was drawn by the religious instinct within him to worship something or someone. Unable to find his creator, man produced deities out of his own imagination to worship. Deities of stone, wood, water, fire, air, sun, moon, stars, mountains, birds, kings, emperors etc. giving birth to several religions, the majority being polytheistic and some are still today. Man missed the object of his worship, worshipping the creation rather than the creator. The bible says “Who changed the truth of God into a lie, and worshipped and served the creature more than the Creator, who is blessed forever.”(Romans 1:25). God none the less had an elaborate and well-designed plan for the restoration of fallen man. A plan which existed from the very beginning even before man transgressed, to show the fallibility of proponents of Deism that...
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...Faculty of Law, Governance and International Relations Law Section LL1014 CRIMINAL LAW I Autumn Semester 2011 ESSAY AND QUESTION Introduction The below report will be discussing the criminal liability of husband Tom, and Nurse Freya in the death of Rachel. An analysis will be conducted on each defendant and charges against each of them will be established along with definitions of each offence. The principles of causation, actus reus (AR) and mens rea (MR) will be discussed and relevant laws applied to the facts within each case and relevant laws applied. The first section of the report, R v Tom we will be discussing the criminal liability of Tom in the death of Rachel in which both murder and manslaughter charges will be considered. The AR for both of these offences is the same and can be defined as “The unlawful killing of a human being under the Queen’s peace.”[1] Assuming the victim was alive that this scenario was not during a war, it remains to establish that this was an unlawful killing. In the case of R v Freya we will focus on the AR of omission and determine whether the defendant Nurse Freya did the act or omitted to do a legally recognised duty which resulted in the death of Rachel. We will also decide whether the act was deliberate, unlawful, and a significant cause of death. In the case of R v Freya only a charge of manslaughter will be considered as Nurse Freya had neither the direct...
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...VRIJE UNIVERSITEIT AMSTERDAM COURSE ETHICS 4.3 with special reference to PROFESSIONAL ETHICS Code 61432100 [final version January 10, 2012] Academic year 2011-2012 Period 3: January. Faculty of Economics and Business Administration: MSc Program Business Administration. Prof. dr. Eduard Kimman course assistant: Karin Tjeerdsma (k.t.tjeerdsma@vu.nl) Background This course, in the setting of various Master Programmes at the Faculty of Economic and Business Sciences, is about the morality of professional people acting in the context of a business organization. Business organizations or organizations as such do have a formal structure in which responsibility ultimately lies with a director or the board of directors. A business organization forms a context for a great variety of decisions. In a juridical perspective the organization is the bearer of numerous transactions. Inside organizations one may find remarkable opportunities for just or unjust behaviour, for moral or immoral behaviour, for situations of equality or inequality which deserve to be evaluated ethically. As FEWEB is a school for the study of economics and business administration in an economic perspective we focus on so-called “economic decisions” which are decisions being taken with some form of economic calculus. In this course we will spend time on questioning whether the economic or financial outcomes of these decisions are morally neutral or deserve some further moral investigation...
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..."fair use," that user may be liable for copyright infringement. How to Say Nothing in 500 Words Paul Roberts Paul Roberts (1917-1967) was a linguist, a teacher, and a writer at San Jose State College from 1946 to 1960 and at Cornell University from 1962 to 1964. His books on writing, including English Syntax (1954) and Patterns of English (1956), have helped generations of high school and college students become better writers. "How to Say Nothing in 500 Words" is taken from his best-known book, Understanding English (1958). Although written almost fifty years ago, the essay is still relevant for student writers today. Good writing, Roberts tells us, is not simply a matter of filling up a page; rather, the words have to hold the reader's interest, and they must say something. In this essay, Roberts uses lively prose and a step-by-step process to guide the student from the blank page to the finished essay. His bag of writing su;ptegies holds good advice for anyone who wants to write well. PREPARING TO READ How do you feel about writing? Do you find writing difficult? What are some of your most memorable experiences with writing in school or during your free tLne? How have these experiences affected your current attitude toward writing? Explain. Nothing About Something I t's Friday...
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...Always discuss coincidence (Thabo Meli, Royall) and BRD (prosecution, differs for offence and defence) Chapter 5 – Homicide: Murder and Involuntary Manslaughter 5.1 Patterns of homicide 423 Study by A.Wallace. 1968-81 * -relationship of victim to offender. * -homicide is a crime that is socially, historically and culturally determined. * -homicide comprises a variety of offenders and victims in different social settings. * -Homicide in NSW is largely interpersonal in nature, rather than instrumental or ideological. * -Majority of interpersonal killings involved intimates. * -Homicide patterns reflect cultural norms. * -homicide is spontaneous rather than premeditated crime. * -Homicide offenders exhibit a wide range of moral culpability. 5.3 Murder S18 Crimes Act (1900) NSW S 18. (1) (a) Murder shall be taken to have been committed where the act of the accused, or thing by him omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him, of a crime punishable by penal servitude for life or for 25 years. (b) Every other punishable homicide shall be taken to be manslaughter. S 18 (2)(a) No act or omission which was not malicious, or for which the accused had lawful cause or excuse, shall...
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...February 2015 New York State Bar Examination Essay Questions © 2015 New York State Board of Law Examiners QUESTION 1 In 1995, Walt, a widower, executed a will prepared by his lawyer, Len, which contained the following dispositive provisions: 1. 2. 3. 4. 5. I give and devise my residence to my daughter, Amy. I give and bequeath my 100 shares of C Corp. to my son, Ben. I give and bequeath $100,000 to my son, Cal. I give and bequeath $100,000 to the American Red Cross. I give, devise and bequeath all of the rest, residue and remainder of my estate to my grandson, Dave. Walt signed the will at Len’s office, and at Walt’s request, Len and Walt’s son, Ben, signed as witnesses in the presence of Walt and each other after Walt acknowledged that the document was his will. In 2000, Walt duly executed a new will which expressly revoked any and all wills previously made by him. In 2001, Walt decided that he did not like the terms of the 2000 will and physically destroyed it by his own hand. Walt died last year, survived by Amy, Ben, Cal, and Dave. Dave is Walt’s only grandson and is the son of Walt’s deceased son, Ed. The 1995 will has been admitted to probate over the objections of Cal that the 1995 will had not been properly executed and that, in any event, it had been revoked. Walt’s residence has been valued at $300,000, and his 100 shares of C Corp. have been valued at $200,000. After payment of all debts, expenses and taxes, the net estate...
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...professional capacity, and for whom there was a general accepted standard of appropriate conduct. • Late 1700s: Negligence developed in a way that they could be indirect, as opposed to the directness required by the trespass torts. Scott v. Sheppard is an example of a trespass tort requiring directness. • 1800s: Instead of focusing on causation, courts began to see fault as most important for actions on the case. With this shift in focus, it became less necessary to restrict actions to the pre-set categories. There was an attempt to develop a more general theory/principled approach the negligence. • 1852: The Common Law Procedure Act was passed and primacy of substance over the procedure gradually gained firmer ground. • 1900s: The idea of mens rea in the year 1936 not only changed the criminal law but also widely effected the tort law. • 21st century: The idea of tort law changed many folds not only in England but in India as well .This is because people on both lands are becoming more aware about the law and about their rights. Thanks to the high growth rate of literacy. Today the latin maxim as it stands is ‘ubi jus ubi remedium’, i.e. where there is right there is remedy. Introduction to English Tort Law The legal system operating in England and Wales is a common law system of law. The essential difference between a common law system and a civil law system (the predominant legal system in Europe) is that in the former judicial decisions are binding both on lower...
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...SAJ DEVSHI (C) AQA Psychology (A) Psya2 A* Students Model Essays The A* Students Handbook For More Psychology Resources visit: www.Loopa.co.uk C HAPTER 1 A little about me Firstly thank you for purchasing this book for AQA Psychology Psya2 (Paper 2). A bit about me: My name is Sajan Devshi and I was a private student that self-taught myself AQA Psychology from 2011-2012 and I received my certificate in January 2013 Achieving an A* Grade. The certificate you can view on my website http://www.loopa.co.uk - You can also get my other A* model essay answers from there too for the other topics I did. I achieved an A* grade overall scoring two A’s in Psya1 and Psya2 as well as 100% in both my A2 exams (Psya3 and Psya4) My final score was 373/400 ums points. (You only needed 90% in A2 and 320 for an A* grade). So basically I didn’t just beat the boundary - I absolutely smashed it. How did I do it? It wasn’t easy and I am by no means some savant genius. I made great notes and essays that simplified things for me as I had no teachers and it is these notes I share with you now for Psya2 and the essay questions that can be asked for it. If your curious to know more about me you can visit my website at http://www.loopa.co.uk There it tells you more about me, how I self-taught myself as well as contact me directly for help and advice as well as get my other essay answers there instantly. Theres also great resources there too with more added on a weekly basis...
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...State terrorism is often a neglected phenomenon in terrorism studies. Discuss how terrorism has been used as a weapon by states over the past 50 years. Is state terrorism fundamentally different from non-state terrorism? Introduction Within this essay I will discuss how states have used terrorism as a weapon over the past 50 to achieve strategic goals. I will then go on to discuss whether it is fundamentally different from non-state terrorism. To start with we must understand what is meant by a weapon. Encyclopaedia Britannica defines a weapon as “An instrument used in combat for the purpose of killing, injuring, or defeating an enemy.” (Britannica 2013). The Oxford English dictionary defines weapon as “An instrument of any kind used in warfare or in combat to attack and overcome an enemy.” (OED 2013). It is clear from both definitions that a weapon is used in combat against an enemy to overcome them. The act is deliberate in such that it is intentional, not by accident. Therefore this essay will examine cases that terrorism is used by the state deliberately, there must be “mens rea” present. Some states can also be defined as a failed state “A state that is failing has several attributes. One of the most common is the loss of physical control of its territory or a monopoly on the legitimate use of force. Other attributes of state failure include the erosion of legitimate authority to make collective decisions, an inability to provide reasonable public services...
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...v105 some people claim that the disadvantages of the car are more than the advantages,do you agree or dis the birth of cars have made an enormous change to our life.in the past,we travel from one place to another only by foot,nowaday,cars can do it .its goes withour saying that the invention of cars bring great benefit to all of us.but as proverb goes:no garden without weeds.car is not exception. owing a car has a lot of advantages.for one thing,car provide us the most convient way of transportation.we can get around freely without spenting a lot of time.emotionally,i always found driving is so exciting.for another,its the comfortable to drive a car.In winter.drivers always can stay warm and dry even in rainy whether,in addition,drivers are usually safe in their cars when they are out at night. Cars bring the human merits,their side-effects graudually come to the surface.firstly,to run a car need a lot of oil,which is getting less and less.the increasing number of cars contribute the lacking of energy.secondlly,as more and more cars are used,the traffic ecpecially in big cities is getting heaver and heavier,which lead to the serious social problem--traffic jam.in addition,the inceasing numbers of cars ,which excaust sent a huge quantities of carbon monoxide into atmosphere.it make the air of cities unbreathabe,it strip people contact with frensh air. therefore,the new energy should be explored to replace the oil so that our envionmental pollution can be avioded .and th...
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...2013B Carefully read the following excerpt from the short story “Mammita’s Garden Cove” by Cyril Dabydeen. Then write a well-organized essay in which you analyze how Dabydeen uses literary techniques to convey Max’s complex attitudes toward place. ‘Where d’you come from?’ Max was used to the question; used to being told no as well. He walked away, feet kicking hard ground, telling himself that Line he must persevere. More than anything else he knew 5 he must find a job before long. In a way being unemployed made him feel prepared for hell itself even though he knew too that somewhere there was a sweet heaven waiting for him. How couldn’t it be? After all he was in Canada. He wanted to laugh all of 10 He continued walking along, thoughts drifting back to the far-gone past. Was it that far-gone? He wasn’t sure . . . yet his thoughts kept going back, to the time he was on the island and how he used to dream about 15 being in Canada, of starting an entirely new life. He remembered those dreams clearly now; remembered too thinking of marrying some sweet island-woman with whom he’d share his life, of having children and later buying a house. Maybe someday he’d even own 20 a cottage on the edge of the city. He wasn’t too sure where one built a cottage, but there had to be a cottage. He’d then be in the middle class; life would be different from the hand-to-mouth existence he was used to. 25 His heels pressed into the asphalt, walking on. And slowly he...
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...2013B Carefully read the following excerpt from the short story “Mammita’s Garden Cove” by Cyril Dabydeen. Then write a well-organized essay in which you analyze how Dabydeen uses literary techniques to convey Max’s complex attitudes toward place. ‘Where d’you come from?’ Max was used to the question; used to being told no as well. He walked away, feet kicking hard ground, telling himself that Line he must persevere. More than anything else he knew 5 he must find a job before long. In a way being unemployed made him feel prepared for hell itself even though he knew too that somewhere there was a sweet heaven waiting for him. How couldn’t it be? After all he was in Canada. He wanted to laugh all of 10 He continued walking along, thoughts drifting back to the far-gone past. Was it that far-gone? He wasn’t sure . . . yet his thoughts kept going back, to the time he was on the island and how he used to dream about 15 being in Canada, of starting an entirely new life. He remembered those dreams clearly now; remembered too thinking of marrying some sweet island-woman with whom he’d share his life, of having children and later buying a house. Maybe someday he’d even own 20 a cottage on the edge of the city. He wasn’t too sure where one built a cottage, but there had to be a cottage. He’d then be in the middle class; life would be different from the hand-to-mouth existence he was used to. 25 His heels pressed into the asphalt, walking on. And slowly he...
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