StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

Criminal Law Practical Skills - Assignment Example

Cite this document
Summary
The assignment "Criminal Law Practical Skills" focuses on the critical analysis of the major issues in criminal law practical skills. Recklessness has been adequately recognized by criminal law as the element of men's rea to ensure that liability is fully established…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER97.3% of users find it useful
Criminal Law Practical Skills
Read Text Preview

Extract of sample "Criminal Law Practical Skills"

Criminal Law Introduction Recklessness has been adequately recognized by the criminal law as the elements of mens rea in order to ensure that liability is fully established. It actually indicates a lesser culpability than that of the intention, but rather a more culpability than that of the criminal negligence. Mens rea elements is often tested on the basis of the assessment as to the individual that has been accused actually had any foresight in relation to the prohibited consequences as well as the desire to ensure that the consequences eventually occurred (Gorr & Sterling, 1992, p 18). The court is expected to carry out three different kinds of tests such as objective test where the particular court imputes the elements of mens rea based on the fact that any of the reasonable individuals that possess the same kind of abilities and knowledge as is possessed by the person that is accused in this case is expected to have such kind of elements. The second test is the subjective; in this test the court is expected to make an establishment as to what the person accused was thinking of at the time he caused the actus Reus. Finally, another test is the hybrid that involves both objective and subjective tests (van den Haag, 1978, p 27). These arguments was advanced by Dori Kimel in his case comment, ‘Inadvertent recklessness in criminal law’ (2004) LQR 548, where she analyses and critically evaluates the decisions of the House of Lords in R v G [2003] UKHL 50; [2004] 1 A.C. 1034 and R. v Caldwell (James) [1982] A.C. 341. This paper will therefore briefly identify the key arguments advanced by Kimel in her analysis of the two cases. Further, it will discuss whether Kimel’s critical evaluation of the two decisions is persuasively argued. Arguments advanced by Kimel in his analysis The facts of the case was that there were two boys who were aged 12 and 11 years, they are reported to have been camping without any particular permission by their parents when they decoded to go to the backyard of a nearby shop in the morning, they had newspapers that they had lit. The newspapers that they had lit are reported to have caused fire in nearby bin that was located against the wall of the shop, the fire immediately spread up the wall and eventually onto the roof. The fire caused an estimated damage of $1m. The two children made an arguments that they were expecting the fire to eventually burn itself out and did not give any thought to the risk that could be caused incase the fire spread (Kimel, 2003, p 21). In the judgment of the House of Lords, Lord Bingham actually saw the need of modifying the definition of Lord Diplock in order to ensure that infancy of the defence was accounted for which was containing the mischievous discretion notion. This rule required the various courts to make a consideration of the extent the children who were aged from eight or more years could be able to have a clear understanding of the differences that existed between wrong and right. Therefore, the test that was stipulated by Diplock of obviousness was expected to actually operate in unfair manner for the two children incase they were eventually held to the same particular standards the reasonable adults were held to. The courts finally held that the defendant must be clearly shown to have indeed subjectively appreciated a given risk to the property and health of the other party but eventually carried on any particular event before they could actually be said to be completely criminally culpable. This ruling abolished the historical objective reckless test that had been previously recognized under the famous R v Caldwell (Kimel, 2004, p 548). Dori Kimel has indicated that recklessness is actually the particular critical mental element that exists within the Critical Damage Act of the year 1971. However, ten years following the enactment of the particular legislation, the House of Lords in the context of R v Caldwell made a controversial interpretation of the recklessness objectively as well as recognizing the inadvertence as a particular mental state. Furthermore, the next ten years, the House of Lords also made an attempt to salvage the ruling in Caldwell through their interpretation in R v G [2003] UKHL 50 (Dormann, Doswald-Beck & Kolb, 2003, p 17). Kimel argues that the ruling made by the House of Lords actually brought back the subjective test so that the various defendants could be judged based on their experience, age, as well as understanding and not just on the hypothetical reasonable individuals standard who is likely to have better understanding and knowledge. Furthermore, Kimel is of the school of thought that the test that was adopted by the House of Lords has actually remained hybrid due to the fact that the actual credibility of the individual accused denying understanding as well as knowledge will definitely be judged based on the objective standard of what is expected from an individual who has the same abilities and age as that of the individual who has been accused (Field & Lynn, 1993, p 127). Kimel’s critical evaluation of the two decisions is persuasively argued, this is because the law that relates to recklessness has actually undergone milestones since its very first enactment. Moreover, the adoption of the objective test in the context of recklessness for the criminal damage started to actually look more like an absurdity that increasingly caused several injustices. Indeed, Kimei is of the school of thought that this could be the reason as to why the House of Lords made a decision to actually take this particular brave step. Moreover, in the case of R v G [2003] UKHL 50 that overruled Caldwell and consequently established that subjective recklessness was actually the type that could be used for all of the offences (Davies, 2004, p 8). Kimei’s arguments are therefore valid and should therefore be incorporated in ensuring that the law relating to recklessness is improved. Conclusion This paper has discussed the arguments that have been advanced in relation to the law of recklessness. The two case studies that have been discussed have actually shown the milestone that has been taken in relation to the law of recklessness. Moreover, Kimei is of the same school of thought that the case studies are a milestone in the law related to recklessness, but believes that ruling given by the House of Lords is a hybrid test and not just an objective test. References Dormann, Knut; Doswald-Beck, Louise & Kolb, Robert. Elements of War Crimes Cambridge University Press 2003). Davies, Mitchell, Tales from the (Thames) River Bank: R v G and Another. (Jo, of Criminal Law, 2004, 1-9) Gorr, Michael J. & Sterling Harwood, eds. Controversies in Criminal Law. (Westview Press 1992). Kimel, Doris, From Promise to Contract: Towards a Liberal Theory of Contract (Hart Publishing 2003). Kimel, Doris, 'Inadvertent Recklessness in Criminal Law' 120. (Law Quarterly Review 548, 2004) Field, Stewart & Lynn, Mervyn, Capacity, Recklessness and the House of Lords (CLR 127, 1993). van den Haag, Ernest .Punishing Criminals: Concerning a Very Old and Painful Question. (Basic Books 1978). Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Criminal Law Assignment Example | Topics and Well Written Essays - 1000 words”, n.d.)
Criminal Law Assignment Example | Topics and Well Written Essays - 1000 words. Retrieved from https://studentshare.org/law/1444295-criminal-law
(Criminal Law Assignment Example | Topics and Well Written Essays - 1000 Words)
Criminal Law Assignment Example | Topics and Well Written Essays - 1000 Words. https://studentshare.org/law/1444295-criminal-law.
“Criminal Law Assignment Example | Topics and Well Written Essays - 1000 Words”, n.d. https://studentshare.org/law/1444295-criminal-law.
  • Cited: 0 times

CHECK THESE SAMPLES OF Criminal Law Practical Skills

Social Work is a Profession Based on Knowledge, Skills and Values

Finally, the importance of skills application to enhance competence, which different social workers roles rely on to deliver service effectively are discussed.... his report makes a conclusion that social work is based on integrated of knowledge, skills, and values to increase competence in the profession.... The fitness in the profession could be by specialization in a field or practicing in general, but considering the importance of skills, knowledge, and values to improve social work....
10 Pages (2500 words) Term Paper

What Are the Key Skills that Lawyers Need to Develop

This paper 'What Are the Key skills that Lawyers Need to Develop?... examines these skills, that each aspiring lawyer or practicing lawyer should possess.... In recent times, there has been increased emphasis on the need for soft skills among legal professionals.... The author states that soft skills are basically defined as skills that impact the manner people interact with each other.... They include effective communication, interpersonal skills, leadership, team building and on the advanced level, career planning, project management and time management....
10 Pages (2500 words) Essay

Skills of Forensic Psychologists

In the following study text, the importance and skills of Forensic Psychologists In the maintenance of law, the implementing ities such as the police at times find themselves unable to solve some issues due to complications arising from the complexity of the human brain.... The other importance of psychological skills being cultivated in the police is that they can make fast analyses of arrested persons and from that determine the best way of handling them as they await legal action by the court....
2 Pages (500 words) Coursework

Criminal Justice Career

This paper tells that some of the skills that a student who has completed his Criminal Justice course is expected to know are the following: a broad understanding of criminal law and the US Criminal Justice system, critical thinking skills, interviewing skills, a high level of ethical and moral values, and decision-making skills.... ome of the skills that a student who has completed his Criminal Justice course is expected to know are the following: a broad understanding of criminal law and the US Criminal Justice system, critical thinking skills, interviewing skills, a high level of ethical and moral values, and decision-making skills ("What Skills Will I Learn as a Criminal Justice Major?...
7 Pages (1750 words) Term Paper

Ten Desirable Skills for Police Officers and Police Managers

From the paper "Ten Desirable skills for Police Officers and Police Managers" it is clear that when interacting with members of the public, colleagues, or seniors, police officers should ensure that they are capable of passing the message without resorting to force or violence.... They are required to possess various skills because their work situation subjects them to following traffic offenders and capturing criminals.... Police officers and managers ought to possess some skills so that they can perform their duties effectively....
11 Pages (2750 words) Research Paper

Investigation Skills of the Police in the UAE

The paper "Investigation skills of the Police in the UAE" discusses that the United Arab Emirates (UAE) was formed in 1971 after it gained independence from the UK.... Therefore, they need special skills and techniques in every kind of investigation.... In the emirates, national police fall under the Ministry of Interior whose responsibility is law and order as well as public security.... The core principles of the UAE law are drawn from the Sharia law, but its legislation is a mix of Islamic and European civil law....
15 Pages (3750 words) Assignment

Importance of Critical Thinking Skills for Law and Criminology

The paper "Importance of Critical Thinking skills for Law and Criminology" discusses that critical thinking applies techniques to ensure possibilities in overcoming barriers that are related to everyday thinking.... This is served by critical thinking skills including; a desire for reason and evidence, a systematic approach to problem-solving, inquisitiveness, confidence in reasoning, and even-handedness.... This requires open-mindedness in considering an alternative system of thinking to recognize and assess their assumptions, implications, or practical consequences....
6 Pages (1500 words) Literature review

Why Intelligence is in Fact a Profession

In the present digital age, where knowledge instead of artistic and manual dexterity forms the foundation of many occupations, typical professions require long and extensive academic preparation and application of the practical skills set (Coyne et al.... On the other hand, a profession is depicted as a field of practice requiring specialized skills, expertise, and extended rigorous academic preparation....
13 Pages (3250 words) Term Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us