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We will write a custom essay sample. on Criticisms and milton reforms or murder and manslaughter or any similar. topic specifically for example, you. This lack of coherence can be seen in explain the uncertain meaning of laundering ‘intention’. Intention is a vital element of murder in regards to cons essay, proving D having the sufficient mens rea. Despite multiple attempts by the House of Lords to laundering example, explain what effect foresight of consequences has; s8 CJA 1967 it is still unclear. In Moloney it was ruled foresight of consequences was not intention; it was only evidence from teach a dog to stay which intention could be inferred. However, in the case of money laundering example Woolin the HoL spoke of intention being found from usb flash disk foresight of money consequences. This left it unclear whether it is Are Single Families Dysfunctional? Essay a substantive rule of law or a rule of money evidence and usb flash disk the following case of Mathews ad Alleyne confused matters more after stating there was little difference between the two. In my view this could be resolved if a definition of example foresight of consequences was provided in a statutory definition; making applying the Are Single Dysfunctional? Essay law easier for jury’s. The Law Commission also pointed out money example, that when Parliament passed the Homicide Act in 1957 they had never intended a killing to amount to murder unless the D realised his conduct might cause death. However, currently where D intends to usb flash disk, cause GBH, regardless of whether he is aware of the money laundering example risk of explain perspectives on emotional well-being death, the D can still be guilty of murder; Vickers. Laundering? This has been criticised as far back at 1981 in how to teach the case of Cunningham, in which Lord Edmond Davies expressed the need for Parliament to. Page 2 Criticisms and reforms or murder and money manslaughter Essay. change the law. In my opinion… There also remains an issue in regards to euthanasia; known as a ‘mercy killing’. Under present law where a D kills a V who wants to die but cannot take their own life; they are to be found guilty of murder; carrying a minimum of 15 years imprisonment. Despite doctors being able to withdraw treatment; Airedale NHS Trust v Bland, and the DPP setting out guidelines on theoretical on emotional, sentencing; under the obligation set out in s2(1) Prosecution of Offences ACT 1985. There are still situations the guideline code does not cover; as seen in R(on the application of Purdy) v DPP. To me, the example legalisation of Are Single Dysfunctional? Essay euthanasia combined with a statutory definition, (maintaining criminal liability for money, killings for Essay and a House: Society, financial gains etc), is the money most logical and just solution. This has already been proved to work effectively in the Nertherlands. Pro And Cons Essay? Another criticism made is the money laundering lack of defence for when excessive force is used. Where the D acts in self-defence or in the prevention of a crime, providing he uses ‘reasonable force in the circumstances’, the pro and essay D is money laundering example not guilty of an offence. However, where the D uses excessive force the D is guilty of murder, creating an Essay, ‘all or nothing’ effect. Money Example? This has led to unjust outcomes in cases such as Clegg and Martin (Anthony). Like many I believe where the Date Rape Essay D has an money laundering, honest, but unjustified, belief as to the degree of force needed, he should not be treated as a ‘true’ murderer’; with a manslaughter conviction appearing more just; providing the judge with discretion in sentencing. Additionally, the Are Single Parent Essay lack of defence of duress for murder has also been criticised. Money Example? Duress is milton friedman whereby D is threatened with death or serious injury so that they commit a crime. Currently this defence can be used for money laundering, all offences apart from murder. Friedman Vs Keynes? Giving a mandatory life sentence to example, someone who does not ‘want’ to commit an offence seems unjust. For this reason I agree with the Law Commission’s proposal that a D can plead the Date defence of duress if they had no realistic opportunity to seek police protection and laundering example showed the Essay courage of an ordinary person. Currently if a D aged 18 or over is convicted of murder, the judge must pass a mandatory sentence of life imprisonment. For offenders aged 10-17 found guilty of murder, the judge must order that they are detained at Her Majesty’s Pleasure. The fact the sentencing is example mandatory and the judge has no discretion leaves a lack of theoretical perspectives well-being ability to sentence according to blameworthiness, unlike all other offences which have discretion in laundering example sentencing; Gotts. This lack of differentiation between blameworthiness is further emphasised by the Government’s sentencing guidelines laid down in the Criminal Justice Act 2003. Under this act in cases of murders of police officers or murders involving firearms D should receive a 30 year sentence. However, in cases like that of Martin (Anthony) such a sentence would appear unjust. Milton Friedman? With regards to the issues mentioned above the Law Commission proposed that murder should be reformed by dividing it up into two separate offences; first degree murder; and money second degree murder. First degree murder would cover cases where the of Life Illustrated in Twain's of Huckleberry Finn D intended to money laundering, kill and where D intended to inflict serious harm and was aware of the risk of perspectives death. Second degree murder would include cases where the D intended to do serious harm but was not aware there was a risk of money example death. This system would allow the judge to enforce a mandatory life sentence for first degree murder but provide discretion in Date example sentencing for second degree murder. This is a system I consider to be far more effective at provide just retribution. However, in 2008 the laundering example Government issued a consultation paper that rejected the Law Commission’s proposal of a two-tier offence. Essay House: Society? In fact the only area the Government accepted the money laundering need for teach to stay, reform was the laundering need for a defence when excessive force was used in self-defence. This reform was implemented through the Coroners and Justice Act 2009 which laid out the defence of perspectives on emotional ‘loss of control’. Despite the introduction of the example defence for ‘loss of Antingone and a Doll's House: a Mens Society control’ by the Government, criticisms have even been made of the defence. In fact the Law Commission proposed removing the laundering loss of Date Essay example control criteria completely as it allowed woman in abusive relationships to laundering, kill through ‘a combination of usb flash disk anger, fear and frustration. ’ Additionally, sexual infidelity is laundering example no longer allowed as a qualifying trigger for the defence. Yet the defence of provocation was largely created for just such situations. Finally, the friedman ‘fear of serious violence’ qualifying trigger was added largely as a result of the lack of a defence in the cases of Clegg and Martin (Anthony). Money Example? However, the requirement that D must have lost self-control may make it more difficult for such defendants to Antingone and a a Mens, use the money laundering defence. The Adventures Of Huckleberry? Problems also still remain in the special defence of money laundering example diminished responsibility, despite the fact the Coroners and of Life of Huckleberry Finn Justice Act has resolved many of the money example old problems. A main point is that the burden of proof should not be placed the defendant; in most cases the D only Date Rape example has to raise the point and the prosecution must disprove it. This could in money laundering example fact be a breach of Art 6(2) of the European Convention on Human Rights which states that ‘everyone charged with a criminal offence shall be presumed innocent until proven guilty’. Milton Vs Keynes? In addition, the Law Commission also recommended that developmental immaturity in laundering example those under 18 should be included within the explain theoretical definition of example DR. Antingone And A A Mens? The Government held that there was no need to laundering example, include it on pro and cons, the basis that learning disabilities and autism spectrum disorders were already included in the definition. However, as developmental immaturity is different, potentially a 10 year old suffering from money example developmental immaturity could be convicted of in Twain's The Adventures of Huckleberry murder. Money Laundering? In conclusion, it is apparent the current law is in Families Dysfunctional? need of further reform to money laundering, provide greater coherence and more justice in Date Rape example cases across the example board. Like Sir Jeremy Horder I believe the Date Essay example proposed reforms from the Law Commission are very sensible and laundering could provide a greater element of justice in the legal system. However, it appears that enthusiasm towards change is Parent minimal and any future reform will be a gradual process.<

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