...getting in to your car and driving can cause a serious injury, our death. It is just the same criminal act as a cold blooded murder. Drink driving should be Zero alcohol limit that could reduce hundreds of injury and deaths on the road a year. We don’t drink before we go to work, so why would you drink after work and get behind the wheel and drive home? People would say its because they had a hard day at work so they need a drink, but one drink leads to two, three and more .Before long, there several drinks in and time to go home. Do they get home in one piece? “Statistics” say 88% of drink drivers will get home in one piece and not cause an accident; however the 12% that don’t have a accident . It may only be to a wall our road sign, you could also lose your licence: therefore you may need your licence for your job. It also could be a member of the family. Is drink driving as bad as we claim it to be? YES. There’s no excuse for it. Drink driving cause serious injury or death. Each year numerous lives are lost due to irrational driving. The disregard for safe driving has been a predicament to Cheshire for years. For years police have relied heavily on speed cameras, breath testing and heavy fines as a deterrent against unlawful drivers. Over the years fatality rates have increased Cheshire police have composed a series of safe driving campaigns. : Cheshire Constabulary report every year that eleven people die each year as a result of drunk driving. : Young men in the 20s are...
Words: 552 - Pages: 3
...Scenario 1: Task 1 (M1) The definition of classifying something as murder is stated in the (18th Century rule – Cokes Institutes) which states that “unlawful killing of a human being under the Queens peace with malice aforethought, express or implied. The actus reus of murder is the unlawful killing of a human being under the queen’s peace. Certain killings may be lawful such as those in lawful self-defence. As you can see from scenario 1 it shows us that unlawful killing of a human being was involved and this is shown in scenario 1 which shows us that the defendant pushed victim of the stairs and got seriously injured and because of this the victim unfortunately had a serious reaction from the drugs that she was supplied with and had died because of this and this shows us that the actus reus is satisfied. Furthermore the law of causation is that but for the defendants...
Words: 1149 - Pages: 5
...about Niccy. Paul ran at Steve and tried to strike his shoulder with the hammer. However, Steve stumbled, took the full force of the blow on his head, and died shortly afterwards. Discuss the possible criminal liability of Niccy for the murder of Owen, and the possible criminal liability of Paul for the murder of Steve. (25 marks) Murder, as defined by Sir Edward Coke, is the unlawful killing of a reasonable person in being under the Queens peace with malice aforethought, either expressed or implied. The Actus Reus (AR) of murder can be found within this definition where it says ‘unlawful killing of a reasonable person in being under the queen’s peace’. In the case of Niccy AR is evident as she stabbed Owen unlawfully as there is no evidence to suggest that the messages received where from a legitimate governmental department – therefore eliminating it to be claimed an authorised killing. To further support this Owen is a ‘reasonable person in being’ as he is not a foetus in his mother’s womb and has been fully expelled from it – as decided in Attorney Generals Reference [No. 3 of 1994] (1997). In addition to this unlawful homicide can only be carried out under the queen’s peace- which it was i.e. if Niccy was to perform this murder at war then it won’t...
Words: 1409 - Pages: 6
...AS LAW MODEL ANSWERS Define the actus reus of a crime (7 mins) The actus reus is the physical and external part of a crime. It means the guilty act. The actus reus must be a positive and voluntary act as illustrated in the case of Hill vs Baxter. In this case the judge said that driving whilst fighting off a swarm of bees would prevent the act from being voluntary, therefore preventing the actus reus from being satisfied. If the actus reus of a crime is not satisfied the defendant can never be found guilty. However there are six situations where a failure to act (omission) will satisfy the actus reus of a crime. These are exceptions to the rule in Hill v Baxter that the act committed must be positive. A person will have a duty to act if they assume the duty voluntarily, as illustrated in Stone v Dobinson, where the defendants failed to provide adequate care for their aunt when they said they would look after her. Pittwood illustrates that a contract can require a person to act, in this case the defendant failed to shut a gate, causing death, which he was required to under contract. In Miller the defendant created a dangerous situation and satisfied the actus reus of a crime as he did not take any steps to extinguish a fire which he created. In Dytham the policeman held an official position, which required him to act, therefore he was guilty of misconduct when he failed to act while someone got kicked to death. Gibbins v Proctor illustrates that parents have a duty...
Words: 1220 - Pages: 5
...Name 12/10/12 English Research Paper Section 1 “Should The Death Penalty Be Legalized?” I. Although the death penalty is in decline, the “Golden Age’ of capital punishment in the United States peaked in the year 1999, where there were a total of ninety eight executions (“The Tide Shifts Against the Death Penalty” 1). This was the highest number seen since 1976. Advocates of the death penalty feel that the fear of death will make criminals think twice before committing a crime. However, opponents of the death penalty feel that innocent people are too often sentenced to death for crimes they did not commit. As to any argument, there are pros and cons of the death penalty. Is the death penalty just a punishment? Do certain crimes cry out for the death penalty? Does it violate the United States Constitution? Does it deter crimes? As of January 1, 2008, the number of people on death row in the United States since it originated is 3,263 (“The Death Penalty in the U.S. 1976-2008” 1). II. The most common means of executing prisoners on death row is by lethal injection. Some claim that this violates the Eighth Amendment prohibition against cruel and unusual punishment (“The Tide Shifts Against the Death Penalty” 1). There are other methods of execution in the United States, such as firing squad and electrocution. There are thirty seven states in the U.S that use the death penalty (“Death Penalty Information...
Words: 1575 - Pages: 7
...long-term negative effects for everyone involved in a case proving to be a wrongful conviction. People who are wrongfully convicted must cope with many changes during and after the conviction. Wrongfully convicted tend to feel a change in self-identity and adjusting to the new way of life, damage to their reputation, issues with mental and physical health, as well as difficulties in relationships and jobs (Brooks & Greenberg, 2021). People that are wrongfully convicted deal with lasting consequences. These are a couple examples of when someone was simply accused of something and how it affected them. Not even convicted yet and there are still negative impacts of it. Jay Cheshire committed suicide after being acquitted of rape (Brooks & Greenberg, 2021). Another was Christopher Jeffries being arrested for murder but ended up being released without charge...
Words: 1998 - Pages: 8
...feeds on his own parasitic pests in order to survive. To him society is a ticking time bomb waiting to erupt. Also after Bailey’s death the Misfit tells the family a little bit about his past. He states “I was never a bad boy that I remembered of… but somewheres along the line I done something wrong…” (O’Connor 18). The Misfit’s a sociopath because of his small moral conscious and lack of empathy for others. He’s hostile and aggressive; such as when he asks the children to be removed from his presence in an icy tone and he states that the Grandmother “should” “be shot” “every minute of her life” (O’Connor 22, 23). The Misfit is socially inappropriate as well. He apologizes to the women for not having a shirt on even though he’s going to murder the whole family. The Misfit and the Grandmother are polar opposites. Grandmother’s trying her best to save her skin by stating “You’re at good man!”(O’Connor 15) repeatedly and the Misfit keeps interrupting her telling her to shut up (Bacon 6). It’s ironic how the Misfit uses customary Southern manners and politeness before taking brutal action. While the childlike fantasies of the Grandmother reflect on the Misfit because of his refusal of moral responsibility and beliefs. The only thing that binds these two individuals together is the “Good Man” speech. The Grandmother’s trying to convince the Misfit to question his morality. He disagrees with her stating “Nome, I ain’t a good man… “I” “didn’t kill my daddy”… “He died of the epidemic...
Words: 1517 - Pages: 7
...What is Actus Reus? Actus Reus is the Latin word for the guilty or wrongful act. It is the physical element of the offence. The act or omission must be voluntary (deliberate). If the Defendant has no control of his actions the Actus Reus has not been committed. Actus Reus when proved beyond reasonable doubt in conjunction with Mens Rea ‘the guilty mind’ produces criminal liability. The Actus Reus of an offence is determined through sources, case law and statutes. The main elements of Actus Reus include: * Conduct * Voluntary Behaviour * Causation * Circumstances * Consequences * State of Affairs Conduct The accused must do something to commit an offence. The conduct itself might be criminal. For example taking money from another. The conduct of taking money from another represents the Actus Reus of theft. The Actus Reus of the crime is complete upon the conduct. Examples include: * Theft * Perjury * Using force to obtain property belonging to another * Rape * Possession of drugs Omissions (not doing something) A person cannot be liable for a failure to act unless the Defendant is under legal duty to take action. Duty to act arising from a contract – Pittwood [1902] When a person has a duty to act because of a duty arising from a contract, failure to perform the duty can make you criminally liable. The Defendant was employed by a railway company; he was a level crossing keeper. The Defendant negligently left the...
Words: 2546 - Pages: 11
...TMA 04 In order to explain how legal causation is established in criminal law it is first necessary to understand that legal causation is an element of the actus reus (the guilty act prohibited by law) that needs to be satisfied before a person can be convicted of an offence. This essay will consider how factual and legal causation can be established in regards to acts and omissions before discussing the views of Brett and Waller concerning the fairness of legal causation in situations such as refusing medical treatment and careless driving. For a person to be convicted for an offence the prosecution will establish firstly whether the person has committed the actus reus, secondly, the persons state of mind at the time of offence such as intent or recklessness (mens rea) and lastly whether the defendant has a valid defence such as self defence. To establish the actus reus of an offence the courts will consider the guilty act, the circumstances at the time of the act and the consequences of that act. These are commonly defined within statute relating to the particular offence, for example, the actus reus of criminal damage is defined in s.1(1) of Criminal Damage Act 1971 as “a person who, without lawful excuse destroys or damages property belonging to another”. Criminal damage requires a consequence from an action making it a result crime; therefore the prosecution would have to show that the defendants conduct had caused a consequence that is prohibited by criminal law,...
Words: 1592 - Pages: 7
...Social History ISSN: 0307-1022 (Print) 1470-1200 (Online) Journal homepage: http://www.tandfonline.com/loi/rshi20 The search for ‘General Ludd’: the mythology of Luddism Katrina Navickas To cite this article: Katrina Navickas (2005) The search for ‘General Ludd’: the mythology of Luddism, Social History, 30:3, 281-295, DOI: 10.1080/03071020500185406 To link to this article: http://dx.doi.org/10.1080/03071020500185406 Published online: 05 Aug 2006. Submit your article to this journal Article views: 574 View related articles Citing articles: 4 View citing articles Full Terms & Conditions of access and use can be found at http://www.tandfonline.com/action/journalInformation?journalCode=rshi20 Download by: [York University Libraries] Date: 17 February 2016, At: 09:19 Social History Vol. 30 No. 3 August 2005 Katrina Navickas Downloaded by [York University Libraries] at 09:19 17 February 2016 The search for ‘General Ludd’: the mythology of Luddism1 In attempting to make sense of the working-class disturbances of the period 1811–13, both contemporaries and historians have searched for ‘General Ludd’ and his followers. The magistrates who sent out their spies to uncover the underground organization of the movement, the witnesses and prosecutors at the Assize trials giving their versions of events, the parliamentary Secret Committee set up to investigate the disturbances, and the historians who rely on evidence surviving from these...
Words: 8779 - Pages: 36
...The True Cost of Illegal Immigrants Christina Cheshire April 7, 2010 Com/220 Tony DiGaetano An illegal immigrant is any person who enters the United States illegally or one who enters legally and stays past the time legally allowed. While the United States is a melting pot for all races and what a great benefit this can be but illegal immigrants can also be a tremendous burden. Do American’s know the true cost? Illegal Immigration is one of the major issues facing the United States today. For the past 30 years, unauthorized immigration has been one of the major issues, making it one of the hardest obstacles for politicians to try and resolve adequately. This relates to both economic and Business realities for the U.S. and for Mexico. In America, there are 4 to 12 million immigrants who are undocumented that are living and working in the United States. Population experts have recently discovered that there are a continuous flow of immigrants from Mexico entering and leaving the States. This is the reason why the exact number of immigrants is still unknown. Mexicans make up the single largest group of undocumented workers in the U.S., some cross illegally...
Words: 2050 - Pages: 9
...GUJARAT UNIVERSITY SYLLABI OF THREE YEARS LL.B. PROGRAMME WITH CREDIT BASED SYSTEM (As prescribed by the BAR COUNCIL OF INDIA and as per the Rules of Legal Education, 2008) Effective from the academic year 2011-12 THREE YEARS’ LL.B. POGRAMME First LL. B. Semester – I FIRST LL.B. - SEMESTER 1 (MONSOON) PER WEEK CORE COURSE 101 SUBJECTS Law of Tort including MV Accident And Consumer Protection Laws Criminal Law Paper – I (General Principles of Penal Law) Criminal Law Paper – II (Specific Offences) Law of Contract Special Contract Constitutional History of India Use of Law Journals and Legal Software LECTURES 4 OTHERS 1 TOTAL 5 CREDITS (SEM)29 5 CORE COURSE 102 CORE COURSE 103 CORE COURSE 104 CORE COURSE 105 FOUNDATION 106 F SOFT SKILL 107 K 4 4 4 4 1 1 1 1 1 1 1 1 5 5 5 5 2 2 5 5 5 5 2 2 1 Semester – I Monsoon Semester CORE COURSE 101 : LAW OF TORT INCLUDING MV ACCIDENT AND CONSUMER PROTECTION LAWS Objectives of the course : With rapid industrialization, tort action came to used against manufacturers and industrial unit for products injurious to human beings. Presently the emphasis is on extending the principles not only to acts, which are harmful, but also to failure to comply with standards that are continuously changing due to advancement in science and technology. Product liability is now assuming a new dimension in developed economics. In modern era of consumer concern of goods and services, the law of torts has...
Words: 6024 - Pages: 25
...The 4th of August 2011 the police shot Mark Duggan, a black man living in Tottenham – a borough in Greater London. The event created a strong reaction form the local youth. After a march on Tottenham Police station to protest the death of the man, the demonstration turned into a series of violent acts in the streets that quickly developed and spread across London and other cities all over England. A major debate arose about the inner causes of the insurrections and the media and politicians promptly pointed out several hypothesis. The August 2011 events have been primarily interpreted, especially amongst the political class, through a lens that emphasises criminality. ,one prominent argument advocates that the cause of the unrest was the moral decay of ‘a feral underclass’ (Scrambler; Grover 2011) However, many of such explanations tend to be mostly speculative and they often fail to provide a consistent account of the causes of the riots based on solid evidence (the LSE/theguardian, 2011, Solomos, 2011). Against this background this essay attempts to disentangle the motives of the London 2011 riots, by focusing on the relations of causality between factors and events that led to the burst of the unrest. It argues that urban social inequalities as well as uneven processes of exclusion and inclusion of a marginalised class are the main factor underlying the disturbances. Yet this essay claims that these riots need also to be analysed in the very specific context in which...
Words: 3372 - Pages: 14
...S A NOTE ON STATISTICS AND THE LAW w 909E01 Ileana Funez wrote this note under the supervision of Professor Greg Zaric solely to provide material for class discussion. The authors do not intend to provide legal, tax, accounting or other professional advice. Such advice should be obtained from a qualified professional. Ivey Management Services prohibits any form of reproduction, storage or transmittal without its written permission. Reproduction of this material is not covered under authorization by any reproduction rights organization. To order copies or request permission to reproduce materials, contact Ivey Publishing, Ivey Management Services, c/o Richard Ivey School of Business, The University of Western Ontario, London, Ontario, Canada, N6A 3K7; phone (519) 661-3208; fax (519) 661-3882; e-mail cases@ivey.uwo.ca. Copyright © 2009, Ivey Management Services Version: 2009-01-29 INTRODUCTION Along with advancements in science and technology, the practice of law has made advancements in the types of evidence considered to be relevant. Since the 1970s, statistical analysis has become an important part of courtroom discussions.1 Often, statistical evidence alone can provide sufficient grounds for the sentencing of a suspect. An understanding of statistical science is thus crucial for an analysis of many courtroom decisions. In this note, the use of data in court, data collection biases, requirements for evidence, and fallacious arguments will be discussed. There will...
Words: 6249 - Pages: 25
...Journal of Urban Economics 65 (2009) 74–90 Contents lists available at ScienceDirect Journal of Urban Economics www.elsevier.com/locate/jue Why do households without children support local public schools? Linking house price capitalization to school spending ✩ Christian A.L. Hilber a,b,∗ , Christopher Mayer c,d a London School of Economics, Department of Geography and Environment, Houghton Street, London WC2A 2AE, UK Spatial Economics Research Centre (SERC), UK Columbia Business School, Uris Hall #808, 3022 Broadway, New York, NY 10027, USA d NBER, USA b c a r t i c l e i n f o a b s t r a c t Article history: Received 19 October 2007 Revised 19 September 2008 Available online 27 September 2008 JEL classification: H4 H7 I2 R31 Keywords: Capitalization Elderly Land supply School spending While residents receive similar benefits from many local government programs, only about one-third of all households have children in public schools. We argue that capitalization of school spending into house prices can encourage even childless residents to support spending on schools. We identify a proxy for the extent of capitalization—the supply of land available for new development—and show that towns in Massachusetts with little undeveloped land have larger changes in house prices in response to a plausibly exogenous spending shock. Towns with little available land also spend more on schools. We extend these results using data from school...
Words: 16585 - Pages: 67
