Criminal Law Murder - Free Essay Example

Sample details Pages: 5 Words: 1502 Downloads: 3 Date added: 2017/06/26 Category Law Essay Type Essay any type Level High school Did you like this example? Criminal Law Murder The most serious offence that Marion could be charged with is the murder of Spike and Toby. Murder is defined in law as causing the death of a human being within the Queens peace with the intention to kill or cause grievous bodily harm. Therefore murder comprises of two elements, these are 1) the act (actus reus) and 2) the intention (mens rea). Don’t waste time! Our writers will create an original "Criminal Law Murder" essay for you Create order Since the implementation of the Law Reform (Year and a Day Rule) Act 1996 it is not necessary for the death to occur within a year and a day of the act or omission. The first element to be satisfied is the actus reus and causation. Marion clearly performed the act of setting fire to Spike and Tobys flat but did this cause the deaths of both Toby and Spike? The accuseds act does not necessarily need to be the sole or even the main cause of death, it is required that the accused act made a significant contribution to the consequences as stated in R v Cheshire . Toby was pronounced dead at the scene of the fire and there is no information suggesting there was an alternative cause of death. Therefore it is clear that smoke inhalation from the fire was a significant contribution to the cause of Tobys death. In the case of Spikes death it is slightly more complicated as the medical treatment he received may constitute an intervening act (novus actus interveniens) in the chain of causati on. In the authority of R v Jordan it was decided if medical treatment received is the sole cause of death and was grossly negligent the chain of causation will be broken. However, if the injury caused by the accused is the operative cause of the victims death the chain of causation will not be broken as confirmed in R v Smith . In Smith the facts concerned a barrack room brawl in which the accused had stabbed the victim; the victim had been dropped twice on the way to the medical room. The medical staff failed to recognise the extent of the victims injuries resulting in the victim s‘death. The accuseds conviction for murder was upheld as the wound had been the operative cause of the victims death. in the case of R v Cheshire Beldam LJ stated â€Å"it will only be in the extraordinary and unusual case that such treatment can be said to be so independent of the acts of the accused that it could be regarded in law as the cause of the victims death to the exclusion of the acc useds act†. Therefore in the case of Spikes death it will be considered if the fact that the life support machine was not properly connected was so independent of the injuries suffered from the fire. It is likely that the smoke inhalation from the fire will be considered as the operative cause of Spikes death and the element of causation will be satisfied. Therefore the elements of the actus rea and causation will be satisfied in case of Spike and Toby‘s deaths In order for the mens rea of murder to be satisfied the prosecution must establish that the accused intended to kill or cause grievous bodily harm as stated in R v Moloney and confirmed in R v Hancock and Shankland and R v Woollin in the House of Lords. In Woollin the House of Lords decided the intention would be satisfied if death or serious injury was a virtually certain result of the accused action. However, there is no absolute magic formula, Lord Scarman stated in Hancock the more probable the consequences the more probable the accused foresaw it. Marion may contend that she only intended for Spike to be re-housed by the council and she had no knowledge that Toby was in the house. In the circumstances that an individual has the intention to commit a particular offence against a particular victim but actually commits that offence against another, the mens rea can be transferred to the actual victim. This principle is illustrated in the cases R v Mitchell and Attorney-Generals Reference No.3 of 1994 . In Mitchell the accused had been found guilty of manslaughter when he had deliberately punched a 72 year old man who had feel against an 82year old woman. As a result of the fall the 82 year old woman suffered a broken femur which required surgery, during the surgery the woman died due to complication that arose. The argument that the doctrine could only apply to the intended victim and not the actual victim were the same person was rejected by the Court of Appeal. Although the decisio n in Attorney-Generals Reference No.3 was reversed by the House of Lords the case illustrated that the question of mens rea is one of fact for the jury to decide. Therefore any malice towards Spike will be transferred towards Toby. Marion may claim the defence of provocation under section 3 of the Homicide Act 1957 as her act was in response to the intimidation and harassment inflicted by Spike. The test for provocation is one of two limbs, these are; 1) the subjective condition that the accused was actually provoked to lose his self control and 2) the objective condition that the reasonable man would have done so. Devlin J stated in Duffy Circumstances which induce a desire for revenge are inconsistent with provocation.a desire for revenge means that the person had time to thinkthat would negative a sudden temporary loss of self control†. However, Lord Taylor in R v Ahluwalia concluded that a delay in reacting will be taken into account but it will not necessarily negate t he defence of provocation . The position currently is that killings that take place after a long period of provocation will be distinguished from cases of cumulative provocation. It can be that the last instance even if relatively minor can be a trigger as in Humphreys if the instance caused a loss of self control. Lord Tucker in Bullard v The Queen stated that the direction to the jury is that if they are not satisfied beyond a reasonable doubt that the killing is unprovoked the verdict is one of manslaughter. The current standard of the objective element is that having regard to the actual provocation and the gravity for the defendant, would an individual of the same age having the ordinary power of self control might have done what the defendant has done as stated in-G for Jersey v Holley and confirmed in R v James . It is clear that Marion suffered a loss of self control it may also be possible that Spikes last act of pretending to stab Marion will be viewed in light of the p revious harassment by Spike. In the circumstances that the Crown Prosecution Servicer or the jury are satisfied that Marion only intended for Spike to be re- housed she may be found guilty of constructive manslaughter. It will only be necessary or the prosecution to establish that Marion intended to start the fire not that she knew it was dangerous. The act will be deemed dangerous if a sober and reasonable person at the scene of the crime watching the unlawful act knowing what the defendant knows in the circumstances and seeing what the defendant sees would have foreseen the risk of some physical harm resulting there from as explained in R v Dawson .The court appeared to introduce a third element in to constructive manslaughter, this was that the accused act must be directed at the victim and likely to cause immediate injury. However, this was rapidly overturned for in R v Mitchell for the act must simply directed to another. In R v Goodfellow the accused had sent fire to his ho use with the intention of being re-housed by the council, the fire had resulted in the death of some of his family. The aimed at doctrine was rejected in favour of the act directed another test the accused was convicted of constructive and reckless manslaughter. In Andrew v DPP Lord Atkin stated â€Å"of all crimes manslaughter appears to afford most difficulties of definition, for it concerns homicide in so many and varying conditions, it is submitted that the mens rea for the unlawful act of criminal damage should suffice. This was confirmed by the decision in R v G . As Marion clearly intended to set fire to Spikes flat it is likely that she will be found guilty of constructive manslaughter. In the unlikely event that Marion is found not guilty of constructive manslaughter the least serious offence that she could be liable for are under the Criminal Damage Act 1971 such as, intentionally or recklessly endangering life under section 1(3) and arson under section 1(3). Bibliography Elliot Quinn Criminal Law 7th Edition Pearson Education Limited Jonathan Herring Text, Cases and Materials on Criminal Law Third Edition Oxford publishing David Ormerod, Smith Hogan Criminal Law 12th Edition Oxford Blackstones Criminal Practice 2008 Oxford Norrie. A â€Å"After Woollin† [1999] Crim LR 532 ‘Legislating the Criminal Code: involuntary Manslaughter, Law Commission No.237 [1996]

Laws On Preventing Child Abuse Essay - 1639 Words

Before the mid-1900s, people believed parents should have absolute control of their children and husbands should have absolute control of their wives. They also believed they could own people. Since slavery was allowed, at least in the South, owners could beat their workers―many who were eight-year-olds. Laws on preventing child abuse have failed but there have been progressive, changing attitudes towards abuse. When the Civil War ended in 1865, the senate passed the 13th Amendment abolishing slavery, and the Child Labour (Prohibition and Regulation) Act in 1986 prohibited child labor. Also, the legislative passed the Child Abuse Prevention Treatment Act (CAPTA) in 1974 stating that child abuse is a crime. However, now, abuse is more common than we actually think. Each day, parents mistreat their children at homes and even in public. Some parents, publically, gently slap the children’s back, but others go to the extent of vigorously pulling their hair and beating them up. People should intervene when a parent is hitting his child if the situation is getting out of hand, for example, if the parent is dragging her kid by the hair or if the child seems humiliated. People should interfere when a parent is harshly hitting her child because it could stop serious injury to her. Parents hit their children in public because they’re â€Å"disciplining† them for doing something wrong. However, some parents further hurt their children to the point where blood is shed. Christopher Mele,Show MoreRelatedThe Key Aspects Of The Relationship Between Poverty And The Greater Economic Hardship1514 Words   |  7 Pagesbetween abuse and neglect and the greater economic hardship which will have an impact on poverty and how this affects the chance of a child being abused or neglected. Looking at the evidence it is clear to see that there is a strong link associated between poverty and a child suffering from abuse and neglect. 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Alu Potol Industry of Bd Free Essays

Chapter 1: Information Systems in Global Business Today [MIS -L10/e] Multiple Choices 1. When nearly all core business processes are digitally enabled, Correct Answer: the firm is more competitive and efficient. 2. We will write a custom essay sample on Alu Potol Industry of Bd or any similar topic only for you Order Now Which business objective refers to the achievement of higher levels of efficiency and productivity? Correct Answer: Operational excellence 3. Which business objective refers to increasing a company’s revenues while decreasing its costs? Correct Answer: Customer and supplier intimacy 4. Which of the following consists of all the hardware and software that a firm needs to achieve its business objectives? Correct Answer: Information technology 5. Data shaped into meaningful form are called Correct Answer: information. 6. Raw facts that have not been organized into a useful form are called Correct Answer: data. 7. Which activity of an information system converts raw input into a meaningful form? Correct Answer: Processing 8. Which activity of an information system helps an organization evaluate or correct the input stage? Correct Answer: Feedback 9. Computer literacy focuses primarily on: Correct Answer: a knowledge of information technology. 10. The responsibility for monitoring the daily activities of a business falls to this organizational level: Correct Answer: Middle management. 11. The world’s largest and most widely used network is the Correct Answer: Internet. 12. The linkage of two or more computers together to share data or resources is called a(n): Correct Answer: network. 13. Which of the following could not be classified a complementary organizational asset required to optimize returns from information technology investments? Correct Answer: The Internet and telecommunications infrastructure. 4. The technical approach to information systems includes: Correct Answer: computer science, management science, and operations research. 15. Which of the following would not be classified as a technical approach to the study of information systems? Correct Answer: Economics True or False 1. Changes in the business environment such as new accounting laws are spurring the growth of digital information. Correct Answer: True 2. Business processes refer to the streamlining of standard operating procedures in order to eliminate bottlenecks. Correct Answer: False . There is a growing interdependence between a firm’s ability to use information technology and its ability to implement corporate strategies and achieve corporate goals. Correct Answer: True 4. The more intimacy a business can create with its suppliers, the more it can lower costs. Correct Answer: True 5. Federal and state regulations can force a business to improve its information systems. Correct Answer: True 6. Information is defined as data that has been shaped into a form that is meaningful and useful to human beings. Correct Answer: True 7. Information system input only captures data from inside the business but not from its external environment. Correct Answer: False 8. Members of the organization evaluate and correct inputs through feedback. Correct Answer: True 9. Computer literacy focuses on both people and technology. Correct Answer: False 10. Knowledge workers are engineers or architects who design products or services. Correct Answer: True 11. Each organization has a unique culture. Correct Answer: True 12. The Internet has created a universal technology platform that allows businesses to create new services. Correct Answer: True 13. Intranets and extranets use the same technology platforms as the Internet. Correct Answer: True 14. Complementary assets are those assets required to derive value from a secondary investment. Correct Answer: False 15. It can be said that â€Å"all information systems are forms of behavioral systems†. Correct Answer: False Essay 1. Provide an overview of the six business objectives of information systems. 2. Information systems produce the information that organizations need to make decisions, control operations, analyze problems, and create new products or services. Identify and describe the three activities found in information systems. 3. Explain the difference between computer literacy and information literacy. 4. Briefly describe how information systems influence organizations, people, and technology. 5. The study of information systems is a multidisciplinary field. Identify the six major disciplines that contribute problems, issues, and solutions to the study of information systems. Explain why no single theory or perspective dominates. Chapter 2: Global E-Business: How Businesses Use Information Systems Multiple Choices 1. Logically related sets of activities that define how business tasks are performed are called Correct Answer: business processes. 2. Which business function is responsible for providing customer service support? Correct Answer: Sales and marketing 3. Which business function is responsible for determining where to locate new plants? Correct Answer: Production and manufacturing 4. Which business function is responsible for tracking payroll transactions? Correct Answer: Accounting and finance 5. Which type of system tracks elementary activities of an organization? Correct Answer: Transaction processing system (TPS) . Which type of system produces reports on a regular schedule in a predetermined format? Correct Answer: Management information system 7. Which type of system is most often used for analyzing data? Correct Answer: Decision-support system 8. These systems address nonroutine decisions requiring judgment, evaluation, and insight because there is no agreed-on procedure for arrivin g at a solution. Correct Answer: Executive support systems 9. Systems that span all functional areas and focus on executing business processes across the firm are called Correct Answer: enterprise applications. 0. Which system stores all organizational data in a single central data repository? Correct Answer: Enterprise system 11. Which of the following would not describe how a firm can benefit from supply chain management systems? Correct Answer: Control the actions of machines and equipment 12. Which type of enterprise application is specifically used to help a business increase sales? Correct Answer: Customer relationship management (CRM) system 13. Which type of enterprise application stores directories of employees with special areas of expertise? Correct Answer: Knowledge management system 14. This term refers to the use of digital technology and the Internet to execute the major business processes in an enterprise: Correct Answer: Electronic business. 15. Which person is responsible for the overall use of information technology in a large conglomerate? Correct Answer: Chief Information Officer (CIO) True/False 1. Business processes refer to the manner in which work is organized, coordinated, and focused to produce a valuable product or service. Correct Answer: True 2. Information systems enhance business processes by enabling entirely new processes that are capable of transforming the business. Correct Answer: True 3. A well-designed single system can provide all the information an organization needs. Correct Answer: False 4. A human resource system is designed to plan the long-term force needs of an organization. Correct Answer: True 5. Transaction processing systems are designed primarily to analyze data and provide periodic reports to middle managers. Correct Answer: False 6. Much of the data in management information systems comes from transaction processing systems (TPS). Correct Answer: True 7. Transaction processing systems generally are flexible and have tremendous analytical capabilities. Correct Answer: False 8. Decision support systems (DSS) often rely on information from external sources. Correct Answer: True 9. Executive support systems are designed to address nonroutine decisions requiring judgment, evaluation, and insight. Correct Answer: True 10. Transaction processing systems are the only system that uses portals to present information to senior executives. Correct Answer: False 11. Supply chain management (SCM) systems are designed to collect data from various key business processes and store the data in a single central data repository. Correct Answer: False 12. Customer relationship management (CRM) systems help firm’s identify, attract, and retain the most profitable customers. Correct Answer: True 13. Intranets are internal networks built with the same tools and communication standards as the Internet and are used for the internal distribution of information to employees. Correct Answer: True 14. Buying and selling goods and services over the Internet is referred to as e-commerce. Correct Answer: True 15. Computer programmers constitute the principal liaisons between the information systems group and the rest of the organization. Correct Answer: False Essay 1. What are â€Å"business processes†? What purposes do they serve in the firm? 2. Explain the difference between a management information system and a decision-support system as they relate to middle managers. 3. Discuss the interrelationships among TPS, MIS, DSS, and ESS systems. 4. What is the function of a CRM system? 5. Businesses today are enabled by or based upon digital networks. What is meant by e-business and e-commerce? How to cite Alu Potol Industry of Bd, Essay examples