Homicide law in the UK - Free Essay Example

1. The current law of homicide has been criticised widely for being archaic, complex and in need of reform. The Law Commission has reviewed the state of the law and proposed a new statutory framework which simplifies the law of homicide.[1] One of the biggest criticisms of the current common law is the wide definition ascribed to murder. It is defined as when someone unlawfully kills someone with the intent to kill or to do grievous bodily harm.[2] The breadth of the definition can be seen in the following example. A kicks B who falls over hitting his head on the curb resulting in death. The conduct of A under the current definition could constitute murder because the definition includes the mens rea of intention to inflict grievous bodily harm. Clearly A is guilty of a homicide offence however it is nevertheless odd to find A guilty of the top tier homicide offence in the same category as serial killers and hitmen. By included an intent to do grievous bodily harm within the scope of murder, the current law has been criticised for being skewed and distorting the sentencing process for murder.[3] Judges will often treat cases involving grievous bodily harm as including mitigating circumstances and therefore not impose mandatory sentences. This results in a skewing the murder offence into two tiers. The law is there fore unsatisfactory because of its breadth. Currently judges are being having to ameliorate this problem upon sentencing. Research into public opinion also reveals that the public believes murder is reserved for when there is an intention to kill or a total disregard for human life.[4] The current law does not reflect the general societal view and leaves the judiciary in a quandary when sentencing. Reform is therefore essential. The Law Commissions proposals remove the intention to do grievous bodily harm rule from the definition of murder and introduce a ladder of homicide offences which reflect the seriousness of the crime in the sentencing guidelines suggested. The new offences would be split between first and second degree murder. First degree murder is defined as intentional killing or killing through an intention to do serious injury with an awareness of serious risk of causing death.[5] This offence would reflect the societys view of what constitutes murder and remove the current sentencing difficulties that judges may face. The current intention to do grievous bodily harm found in murder would be captured in the new offence of second degree murder which has a discretionary sentence attached. These two offencs would help better reflect in law public opinion and alleviate any sentencing difficulties faced by judges. 2. It has been firmly established that in English law that there is no defence of necessity in cases where a doctor administers drugs causing death to save a patient from pain.[6] However, according to case law this does not mean that a doctor has to calculate the effect on a patients lifespan of administering drugs down to the day or the week.[7] The critical factor in such cases is mens rea of the doctor. Clearly, if the doctor knew that the act of administering the drugs was only to kill the patient and not to give pain relief he/she will be guilty of murder. This distinction was shown in R v. Cox[8] where the doctor administered pot assium chloride with the sole intention to end the life of a woman in severe pain. A subtle distinction revealed in that case was that if the doctor had instead administered a high dose of pain killing drugs it would be more difficult to prove the intention was to kill the patient. Therefore it appears that the law will tolerate doctors shortening the lives of patients only where this is done under the guise of treating the patient for pain relief and not where it is blatantly intended to end the life immediately. Applying this to the present circumstances it is possible that the doctor could be found guilty of murder or manslaughter depending on the intention which can be shown from the facts. In the event that the doctor did admit to intending to kill the patient there is no defence in law. 3. It is likely that Pip will be charged with murder. It is clear that he pushed Victor into the river knowing that he could not swim; but is that enough to show causation? There are two tests to determine whether a person’s actions caused death. The first test asks ‘but for’ the person’s actions would death have occurred.[9] The second test is used where there was an novus acteus interveniens. It asks whether the person was the â€Å"operating and substantial cause† of death.[10] In this case there was no intervening act therefore the ‘but for test’ will be employed and probably conclude that ‘but for’ Pips actions the death would not have occurred. However, this on its own is not enough to convict Pip of murder. It must also be shown that he possessed the mens rea to kill or cause grievous bodily harm.[11] This question will be decided by a jury on hearing further evidence. In the event that Pip can show that he did not intend to kill or cause grievous bodily harm he may be charged with involuntary manslaughter. Involuntary manslaughter is distinguishable from the offences of murder and voluntary mansl aughter because the defendant lacks the mens rea required to establish those offences. For constructive involuntary manslaughter to be proven the offence requires that: the defendant committed an unlawful act; that the unlawful act was a crime; and the unlawful act was a substantial cause of death.[12] Clearly Pip committed an unlawful act when he pushed Victor into the river. The question remains whether Amys omission to help Victor as he drowned in the river constitutes an offence. By and of itself, Amys failure to help or summon assistance is not an offence because there is no general duty of care between private individuals to be ‘good samaritans’ recognised in English law. Hence, any charge of gross negligence manslaughter would be difficult to prove because the offence requires a duty of care to be owed by one party to the another, for example between and parent and child.[13] It is arguable that because Amy is a police officer, albeit off duty at the time, she may owe a duty of care to Victor. The direction of the judge was wrong in law as section 8 of the Criminal Justice Act 1967 states that a person cannot be held to have intended the natural and probable consequences of his act just because they were natural and probable. The common law requires that a jury must consider all the relevant evidence before they decide whether they are satisfied of having the necessary intention.[14] 1 Footnotes [1]Law Commission, A New Homicide Act for England and Wales, Consultation Paper No.177: Law Com No. 304: ‘Murder, Manslaughter and Infanticide’ (2006). [2]See R. v. Vickers [1957] 2 Q.B. 664; Hyam v. D.P.P. [1975] A.C. 55; R. v. Cunningham [1982] A.C. [3]Above ft 1 at p 5. [4]Ibid. [5]Above a ft 1 page 8. [6]Bodkin Adams [1957] Crim LR 365 [7]Ibid at 368. [8](1992) Winchester Crown Court [9] R v White 2 KB 124. [10] R v. Smith [1981] 1 AER 332. [11] Cunnigham [1982] AC 566. [12] See R v Creamer [1966] 1 QB 72, 82C–D where Lord Parker CJ stated that: â€Å"A man is guilty of involuntary manslaughter when he intends an unlawful act and one likely to do harm to the person and death results which was neither foreseen nor intended. It is the accident of death resulting which makes him guilty of manslaughter as opposed to some lesser offence†. [13] R v Bateman 1925 Cr. App R. 8. [14]See Moloney [1985] 2 WLR 648; and Han kcock and Shankland [1986] 2 WLR 257

A Study On The Collaboration Process - 1529 Words

Throughout our collaboration, it was hard to often see the impact that we were having on the community. A lot of other groups were actively engaged, while we were sitting behind a computer screen, creating specialized planning charts to plan out and prep for the future semesters. As important as we knew that this was, it was often hard to accept this and feel as if we were doing something that was important. Every time when we would have a meeting, I would feel as if I was two steps behind, even when I had prepared more than I felt necessary. I soon discovered that this was because in order to collaborate you need to spend a great amount of time engaging with others (even if over email) in order to be prepared. You may not have always thought about every possible aspect and including different perspectives allows you to then view a situation from multiple perspectives instead of just your own. I feel that this experience (of doing a lot online investigating and planning) was very im portant to the collaboration process because there is a lot of thought that needs to go into this portion of the project. We also had to take into account what other factors that our community advisor thought that we needed to include as a part of our project. Sometimes it was difficult to understand if my community advisor was happy with the work that we were doing. Our goal was to succeed her expectations because we knew that previous semesters have sometimes struggled with thisShow MoreRelatedA Brief Note On Collaboration Within The Health Profession746 Words   |  3 PagesResults The tables that you see in this section explain the results that we found pertaining to interprofessional collaboration within the health profession. Table 1 provides a focus on teamwork among healthcare workers. 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In order to effect change within my school and transform it from a culture of isolation to a culture of collaboration, first I would ensure that all stakeholders are professionally on one accord (shared values and goals). I can assure that we are on one accord by creating a school mission, a shared vision, collective commitments and goals. The mission is why an organization exists, the shared vision is what the organization hopes to become, the collective commitments (values) are public

Human Sexuality An Organized System Of Learned Beliefs...

In class we defined â€Å"culture† as, â€Å"an organized system of learned beliefs and behaviors made manifest by groups distinctive from one another. Culture is not innate but does rest on the biological base of complex symbolic capacity. Culture is primarily transmitted through language, it is cumulative, includes artifacts as well as attitudes and is humankind s chief adaptive mechanism†. As humans and citizens of society when we think of culture this definition probably doesn’t come to mind to the average individual, however, we still recognize how important culture is and how much it affects us. Human Sexuality was a very riveting class that exposed me to different realms of culture that I had no idea about. Although Culture differs from country to country all around the world, it’s still imperative to every society to survive since humans don’t have innate instincts. Enculturation is very important because it’s the process of learning one’s culture. Enculturation takes place through formal and informal means through direct interaction, observation, and imitation. Though I’m by no means an anthropologist or an expert on Human Sexuality this class has given me a more in-depth taste of what it means to be human, how we learn, what influences our learning, and how important it is to talk about and discuss what we learn. Discussion of Sexuality Issues While the term â€Å"normal† is relative and subjective, I’d say my childhood, family, and social life have been relatively normal. IShow MoreRelatedSex Orientation And Sexual Orientation1820 Words   |  8 Pagesdifferent sexual orientations and gender identities are widely talked about and accepted more frequently. To begin, sexual orientation refers to one’s attraction towards another individual romantically, sexually, and emotionally. Contrary to traditional belief, there are multiple ways people can identify their sexual orientation. 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The Factors Involved in Scientific Revolutions free essay sample

Following centuries of religious and political unrest, countless wars, and the infamous Black Death, which ravaged through nearly one third of the European population, Nicolaus Copernicus set off the Scientific Revolution in 1543 with his publication of De revolutionibus orbium coelestium. However, this revolution would not be restricted to only the sciences, but it would forever change the global landscape in every aspect of life. Although, named the Scientific Revolution, this metamorphosis of thought was not restricted to chemistry but touched on nearly every intellectually based subject. This widespread change was the product of a series of unique influences. Essentially, political, religious, and social factors contributed significantly towards the work of scientists in the sixteenth and seventeenth centuries, by inspiring ambitious individuals to improve: their lives, the institutions that governed them, and human civilization as a whole. To begin, Politiques used scientific development to establish a very powerful and intelligent persona, in order to provide themselves with a superior stature in comparison their less educated subjects. Some of these leaders like Louis XIV, were advised by a new type of scientist, the philosopher, who emerged in a growing number as thinkers of the Enlightenment. For example, in a letter in 1676, French Minister Jean Baptiste Colbert explains, â€Å"the splendor and happiness of the State consists not only in maintaining the glory of arms abroad, but also in displaying at home an abundance of wealth and in causing the arts and sciences to flourish†(Doc. 11). The minister himself, may have even had his own philosophical advisors, who promoted ideas like establishing academic academies and laboratories to further advance the intelligence of the French man. Colbert also mentions displaying an abundance of wealth, which historically in France many lavish palaces like Versailles existed, and the absolute monarch Louis XIV was not one to shy away from the glamour. France demanded very high taxes from its people, including the Huguenots, and an anonymous drawing dating from 1671 exemplifies the magnificent architecture and display of wealth that the taille produced. The drawing depicts Louis XIV visiting the French Royal Academy, where he is surrounded by scientific tools and gadgets that signify the remarkable and growing intelligence of France. This is revealed as the growing field of science, and the discovery of the atom also allowed many to believe that humans possessed â€Å"an Infinite Wisdom and Power†(Doc. 8) that further supported belief in the Divine Right of Kings, that the French throne had been specifically chosen by god. Another instrumental force was religion, which was led by clerical officials, and also played a significant role as it provided scientists of the revolution with an inspiration, that they were efficiently employing all the intellectual ability that God had blessed them with. The aforementioned Polish Priest and astronomer, Nicolaus Copernicus, is an epitome of an religiously inspired individual. In his 1543 book, On the revolution of the Heavenly Spheres, in a dedication to Pope Paul III he states, â€Å"the learned and unlearned alike may see that I shrink from no man’s criticism. It is to your Holiness rather than to anyone else that I have chosen to dedicate these studies of mine†¦ Mathematics are for mathematicians, and they, if I be not wholly deceived, will hold that my labors contribute even to the well being of the church,† (Doc. 1). Corpernicus’ words illustrate the belief of many others of the time period, who aspired to both please their local clerical leaders as well as the lord himself. Similarly, the well known French theologian John Calvin also preached that the science was a beauty of the work done by god. In 1554, Calvin commented, â€Å"for astronomy is not only pleasant, but also very useful: it cannot be denied that this art unfolds the admirable wisdom of God,† (Doc. 2). Copernicus and Calvin were very well respected individuals and their words reflected the thoughts and beliefs of countless others. Another supporter of the religious calling of the Scientific Revolution was the Italian monk, Giovanni Ciampoli, the author of many letters including one to Galileo, the father of modern science. Galileo, also an Italian, was a physicist, astronomer, and mathematician, who contributed to many great intellectual advances and also improved the telescope. The 1615 letter read, â€Å"it is indispensable, therefore, to remove the possibility of malignant rumors by repeatedly showing your willingness to defer to the authority of those who have jurisdiction over the human intellect in matters of the interpretation of Scripture† (Doc 3). This text is valuable for more than just its face value, as it suggests the positive and negative of these new astonishing discoveries. The Catholic Church faced a dilemma as some scientific matters began to conflict with teachings of the ancient scriptures, but at the same time others justified and seemed to prove the Bible to be true. In summary, many of these enlightenment thinkers and scientists were very pious and devoted to pleasing their lord, which led to a very dedicated effort in scientific study. Lastly, the social aspect of society also contributed to scientific work, as many aspired to improve their individual lives, in addition to the well being of all of society. This attitude which was present across the European landscape, can be perfectly summed up by English philosopher, Francis Bacon. In his 1620 publication of The Great Instauration, Bacon remarks, â€Å"the true and lawful goal of the sciences is this: that human life be endowed with new discoveries and powers,† (Doc. 4). This statement magnifies the focus that society believed that it could continue to improve both locally and secularly. This was aided by the presence of rationalism and critical thinking, which combined with the scientific method, made many need facts in order to believe things that were formerly believed through faith alone. A French monk and philosopher, Marin Mersenne, exemplifies this new insistence on the absolute truth as in a letter he states, â€Å"at least I am assured my experiments have been repeated more than 30 times, and some more than 100 times, before reliable witnesses, all who agree with my conclusions† (Doc 5). In a similar fashion, English philosopher Thomas Hobbes, wrote, â€Å"in geometry few men care what the truth may be, since it affects no one’s ambition, profit, or lust. But if Euclid’s proposition that the three angles of a triangle are equal to the two angles of a square, conflicted with the interests of those who rule, I know it would be suppressed† (Doc. 7). Both of these individuals portray a society that is determined for the truth and nothing but the truth, in experiments as well as from their nation’s governing bodies. Hobbes criticism of the potential suppression of information is one of the many examples of potential improvements that revolutionary thinkers thought could be improved. Other social pressures included a call for friendship â€Å"among those whose minds are above partisan zeal because of their devotion to truth and human welfare,† (Doc. 6) and equality in learning opportunities for women. Although, the feminist cry of Margaret Cavendish, who remarked, â€Å"were it allowable for our sex, I might set up my own school of natural philosophy. But I, being a woman, do fear they would soon cast me out of their schools,† (Doc. 9). Despite, Cavendish’s unsuccessful aspirations, her thoughts were shared by many other educated women, and in a short time this cycle would go full circle as the wife of Voltaire, Emilie du Chatelet, would shortly after establish herself and her sex as an intellectual power. Ultimately, the scientific work of the sixteenth and seventeenth centuries was a product of many influential factors that spanned from monarchs, religious leaders, and the ambitious individual. Politics as well as religion played very dominant roles in motivating scientists and philosophers to undertake the in depth studies that they became engaged in. Social influences, also contributed a significant role and coincided with both political and religious change. In final analysis, the Scientific Revolution was a period of remarkable change and extravagant discoveries, advances, and improvements across all aspects of life; that would have been miniscule without the instrumental effect that political, religious, social factors had on human civilization.

How to Write About Yourself - A Note For Writers

How to Write About Yourself - A Note For WritersIf you are not familiar with the art of writing about yourself, then you should consider yourself fortunate. Your self-esteem is worth more than any other thing you possess.In writing about myself, I mean to describe my personality. All I'm going to do is throw out some facts and insights that I have about me. Think of this as an interview about you.Facts: You're probably smart, funny, fun, beautiful, and very knowledgeable. You'd probably be very good at a particular profession, like for example a doctor, or a lawyer. And maybe you're trying to write about yourself on your blog. I know you can!Self-Esteem: When you wrote about yourself on your blog, you may have been self-deprecating, and you wanted to help others. You took care of yourself, just like when you were writing about yourself. That's a good thing. So, do it again.Self-Deprecation: You're probably still somewhat of a mess. You do need to clean up. Just admit that you don't k now everything, and realize that you might be a little off. And write about yourself.You should realize that a blogger's blog does not really exist in isolation. A blog about self-esteem means that you are talking about a blog about you. Therefore, you need to start blogging about yourself in as much detail as possible. You need to write about yourself so many times.As you write about yourself, you'll develop your own thoughts. So do not be shy to have some fun and make them your words. A blogger must write about himself too. Therefore, he/she should become more interesting by improving his own personality.And in the end, if you don't think you can write about yourself well, it doesn't really matter anyway because what you should do is be honest with yourself. Trust yourself and trust the people who are around you to know you best.

The New Fuss About Help Doing a Research Paper

The New Fuss About Help Doing a Research Paper The Awful Side of Help Doing a Research Paper Other individuals prefer the usage of staples. Our research paper outline templates will allow you to save a lot of time and money. Like any kind of business, there are nice and bad paper writing services. The Chronicles of Help Doing a Research Paper Custom made research paper writing only appears to be a tough profess. It's perfectly legal to employ a person to compose a paper for you. An individual should realize that every Research Paper is a sophisticated writing because it must contain distinctive research and distinctive idea. Sheets of paper needs to be stapled at the top left-hand corner. The papers might be rejected if they don't apply the APA format. Term papers are a crucial part of the academic approach. Research Paper isn't a task for a single day. A research paper is quite a serious type of academic writing. It is usually the first step for students to get funding for their project, so it is crucial to create a thoughtful and deep paper. Writing your very first research paper can be challenging and overwhelming. Though many scientists are busy people they're often ready to spend a while supplying you with information. For your research paper example to get going, you'll have to announce your introduction with few sentences that show what type of research questions you're going to be asking. The experiment will test whether or not a person could keep giving electric shocks to a different individual simply because they are told to achieve that. If your report is poorly written, folks will tend to suppose your research is also poor and you're giving the assessor a simple excuse to provide you with a lower grade. In the event you're composing a lab file, the body is then going to be broken into further segments. Even in case you have necessary data, it can be pretty difficult to present it in a proper systematic manner in line with the rules of formalization. On top of that, you're confident your personal data will be held in strictest confidence. Your methods for gathering data ought to have a very clear connection to your research issue. In the event you're not able to do the research paper because of any reason, you can trust ProfEssays to write for you in accordance to your requirements. Organize the notes you've got from your research and attempt to locate a location for every one of them in your outline. The perfect place to begin your research is on the internet since it will offer you direct details. Therefore, you can expect to compose many research papers over the span of your academic career. Provided that you're consistent and include all the info which will enable somebody else to replicate your research then it ought not matter. In the era of the net, it is getting increasingly important to ensure your research are available, both on the web and on university intranet search facilities. As a student, you'll be prevailed on to write research papers on a broad selection of subjects over the duration of your studies. Most research papers are broken up into lots of segments. You also need to center the word Abstract'' at the very top of the webpage. Each page needs to be numbered. A title page is normally in the middle of the page and is a concise overview of the topic. You've produced the title page and main idea thus far. If you are supposed to use an idea which is not yours or in different words paraphrasing different people's ideas, don't just rearrange words but in addition be certain you use your own style in regards to the language and writing. In truth, it 's not that simple when it has to do with the procedure for writing every page. If you're writing the abstract for a class, you may want to consult your instructor to determine if he or she has a particular word count in mind. Since you are going to learn from looking through any excellent research paper example, writing an amazing paper involves so far more than simply throwing a lot of text and citations into a word processor and hoping for the very best.

Observation Essay Topics For College

Observation Essay Topics For CollegeObservation essay topics for college require critical thinking skills. Many students lack these skills and therefore do not know what to write about. Others have talent in writing, but struggle with critical thinking. There are a few critical thinking skills, you should be aware of when choosing observation essay topics for college.Writing about events that you are familiar with is good. Students who struggle with writing about events they are unfamiliar with might benefit from learning from experienced writers. Additionally, if you have been to an event before, be sure to use words such as 'heard,' 'knew,' 'know'seemed.' Avoid generic terms like 'saw'saw the ' as this is an easy way to conflate visual images with sounds.Creating your own interpretation of events is also crucial. Students with the ability to do this easily can come up with many different interpretations. If they have had personal experience with a specific topic, they can conjure u p words to describe events as if they were first-hand experiences. Analyzing any event is never easy, but often difficult. Students who are familiar with events can create their own analyses to show how real the situation was to them.Students can use similar words to describe events that are different than what they have personally experienced. It can help to learn new words as well as new ideas and viewpoints that are different from what you have already learned. This will make it easier to draw parallels between the two events.For example, a student may be familiar with insects because she has spent time in nature. She might want to describe insects in a way that is in line with the science class that she took. This is where observations skills come in handy. They allow students to write about ideas that are so related to their education.When writing about someone else's work, students should remember that the student will be held accountable for the content of the assignment. Be careful to follow their guidelines as well as those of the person who has assigned the topic. This will make it easier to create a concise essay.Writing about old experiences is good, but students should not allow themselves to get too comfortable. Stay objective in your writing. Assume nothing about the person's life. These are all critical thinking skills students should learn.These observation essay topics for college tips will help students come up with topics for their assignments. Each topic will be unique, but unique is always a plus in academia. Critical thinking skills are necessary to succeed in college.