Criminal Law Essays

• How satisfactory is the criminal law relating to euthanasia?

• The practice of leaving the issue of intention to the jury without any judicial guidance as to its meaning is unworkable and liable to produce inconsistent decisions.
  Discuss this statement with reference to decided cases.

• Assess the modern approaches to the definition of intention in English criminal law.

• The Caldwell test fails to make a distinction which should be made between the person who knowingly takes a risk and the person who gives no thought to whether there is a risk or not. And, on the other hand it makes a distinction which has no moral basis. (Smith & Hogan) Discuss

• Explain, illustrate and comment on what is meant by "appropriation" in the law of theft.

• Consider the suggestion that the concept of dishonesty is too vague and uncertain to play such a part as it does in criminal law.

• Should there be defences of duress and necessity?

• With reference to the rationale of the defence and its parameters, consider whether there is any legitimate reason for the courts' refusal to accept duress as a defence to murder.

• Give a critical evaluation of the law relating to duress and necessity.

• In what circumstance will a mistake relieve a defendant of criminal liability?

• How satisfactory is the law regarding the impact on criminal liability of intoxication, whether by drink or drugs?

• Consider the proposition that just as we exempt children from criminal liability so should we exempt the mentally ill.

• How satisfactory is the requirement that the offence of attempt includes an act which is "more than merely preparatory"?

• Explain and comment on the proposition that the offences of conspiracy and attempt are too broad in that they criminalise behaviour where no harm has been done.

• Why do we punish attempts? Should they be punished as severely as the full offence?

• "If the object of law criminal law is to prevent the occurrence of socially damaging actions, it would be absurd to turn a blind eye to those which were due to carelessness, negligence or even accident" Barbara Wooton. Discuss.

• When will the courts impose liability on a strict basis? Are they consistent?

• Consider the suggestion that, if a major objective of criminal law is to prevent harm to individuals, alternatives to mens rea as a basis for liability should be used more.

• Consider the proposition that individuals should be able to lawfully to consent to the infliction of non-fatal physical harms upon themselves.

• The majority decision of the House of Lords in R V Brown (1993) concerning consent as a defence to the deliberate infliction of physical harm, does not follow the legitimate aims and functions of the criminal law. Discuss.

• Discuss the Law Commission's recommendations concerning involuntary and corporate manslaughter.

• The conditions that must be satisfied for the defence of provocation to succeed are unfair to the accused. Discuss.