The document outlines the legal defense of duress, including the definition, relevant case law that established tests for determining duress, and circumstances where duress cannot be claimed as a defense. It discusses the subjective and objective elements of the "Graham test" for duress and exceptions where duress is not applicable, such as for crimes committed under pressure from a violent gang one voluntarily joined.
Introduction to Offer: Advertisement, Auction and TenderPreeti Sikder
Learning Outcome: After completion of this lesson students will -
a) learn about the general principle relating to offer in case of advertisements of products and auctions placed in newspapers
b) learn about exceptions to the prima facie rules of offer.
this is my assignment for equity in my college, hope this will help you.
this contains the topics what is equity?, development of equity , the position of equity in India, the important maxims of equity along with case laws,
Business Law Presentation for The Rules of interpretation and various cases connected to it .
R V Allen
Re Sigsworth
London and North Eastern Railway v Berriman [1946] AC 278
Advanatges and Problems of the Golden Rule
Advanatges and Problems of the Literal Rule
Advanatges and Problems of the Mischief Rule
Introduction to Offer: Advertisement, Auction and TenderPreeti Sikder
Learning Outcome: After completion of this lesson students will -
a) learn about the general principle relating to offer in case of advertisements of products and auctions placed in newspapers
b) learn about exceptions to the prima facie rules of offer.
this is my assignment for equity in my college, hope this will help you.
this contains the topics what is equity?, development of equity , the position of equity in India, the important maxims of equity along with case laws,
Business Law Presentation for The Rules of interpretation and various cases connected to it .
R V Allen
Re Sigsworth
London and North Eastern Railway v Berriman [1946] AC 278
Advanatges and Problems of the Golden Rule
Advanatges and Problems of the Literal Rule
Advanatges and Problems of the Mischief Rule
This Presentation details the specifics of public and private nuisance and give scenarios of each so that readers can fully understand the concepts applicable to business law.
Detailed Presentation on General Defences under Law of Torts
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
This Presentation details the specifics of public and private nuisance and give scenarios of each so that readers can fully understand the concepts applicable to business law.
Detailed Presentation on General Defences under Law of Torts
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
This 3-page document contains definitions and examples of offences and defenses in English Common Law and applies to Commonwealth countries like the UK, NZ and Australia. Useful for beginner Law and Forensic Psychology students.
Pretrial ProceduresAssume a law enforcement officer has probable.docxharrisonhoward80223
Pretrial Procedures
Assume a law enforcement officer has probable cause to arrest a defendant for armed assault, and he also has probable cause to believe that the person is hiding in a third person's garage, which is attached to the house.
· What warrants, if any, does the officer need to enter the garage to arrest the defendant? What if the officer is in hot pursuit of the defendant? What if the defendant is known to be injured and unarmed? Provide evidence to support your answer.
· Formulate a set of circumstances in which there is probable cause to search but not probable cause to arrest or in which there is probable cause to both arrest and to search.
· Mr. A walks into a police station, drops three wristwatches on a table, and tells an officer that Mr. B robbed a local jewelry store 2 weeks ago. Mr. A will not say anything else in response to police questioning. A quick investigation reveals that the three watches were among a number of items stolen in the jewelry store robbery.
· Do the police have probable cause to do any or all of the following?
· Arrest Mr. A
· Arrest Mr. B
· Search Mr. A's home
· Search Mr. B's home
If you answered no to any of the above, explain why in detail. If you answered yes to any of them, draft the complaint or affidavit for a warrant or explain why a warrant is not needed.
Be sure to cite all references in APA format.
Deliverable Length: 4-6 pages
Thesis: Death penalty should be abolished.
Main Point 1: The death penalty is proven unconstitutional.
Main Point 2: The death penalty should be abolished because there no evidence it will reduce crime rates.
Main Point 3: Death penalty causes socio-economic discrimination.
Conclusion: In conclusion, crime is everywhere I think capital should be banned. As it is the violation of human rights.
Vivian J. Woodland
American InterContinental University
English 107
The main point was about the death penalty for killing a 20 year old girl. It was interesting because the victim’s Mother was very sad that her daughter was dead but she was not interested in seeking the death penalty and she was not interested in putting her family through a lengthy legal process. What I found valuable about the case is that The victim’s Mother pleaded with the State of Florida “not to seek the death penalty for her daughters murder because they couldn’t stand putting the family through the trials and lengthy appeals that come with the death penalty cases” (Farah 2013).The case was significant in that the victim’s family thought that the person who killed Shelby “should face the consequences for what he did and be held accountable (Farah 2013) ” and though t that the death penalty in no way honors their daughters memory neither did the killing provide solace to the family. The family thought the death penalty “would inflict additional pain on the family” (Farah 2013). I thought this was significant and I also agree with the family who thought that they want to put it all .
Last week we started discussing the requirements of criminal liability
We made the point that a crime is made up of two elements, namely a prohibited act or omission, i.e. the physical element – captured in the Latin phrase actus reus, and a prohibited mental state with which the particular act or omission is done, captured in the Latin phrase, mens rea – the mens must be rea before criminal liability can be established
We noted that as a general rule, the two elements must coincide in respect of the same event for the act to amount to a crime
This dual requirement of criminal liability is captured in the Latin maxim Actus non facit reum nisi mens sit rea – that is, an act does not make a man a criminal unless the mind be guilty We also noted that the sometimes, the law dispenses with the requirement mental element, making such an act a strict liability offence
We stressed that the actus reus may be an act, or an act together with the surrounding circumstances, or an omission to act when required to do so
The point was also made that the mental element differs from offense to offense – in some situations it is intentional conduct that is proscribed, in other cases, it is knowledge of the unlawfulness of the conduct
We broke off at the point where we were discussing intention under section 11 as a form of mens rea
Here, the concept of direct intent under section 11(1) was explained in the light of the rebuttable presumption that a man intends the natural and probable consequences of his actions
Then the concept of oblique intent under section 11(2) was also explained – this where a person engages in conduct for a particular purpose and the means chosen causes other effects as well – here, the accused is not excused from liability if his act achieves an undesired consequence, as long as the undesired consequence was foreseeable at the time the act was committed
So as the illustration under section 11(2) goes, if A, for the purpose of causing the miscarriage of B, administers to B a drug which A knows to be dangerous to life, it is immaterial that A earnestly desires to avoid causing B’s death, and uses every precaution to avoid causing it
Now lets proceed to discuss other forms of intent under section 11
Sometimes a person engages in criminal conduct against a crowd or an assembly of people without really intending to harm a particular person, and a member of the group is harmed thereby
Here, the intention is indeterminate in respect of who would be victimized or the eventual victim
1
150 words agree or dis agree to each question Q1.Good even.docxjesusamckone
150 words agree or dis agree to each question
Q1.
Good evening class,
Courts have defined specific intent as the subjective desire or knowledge that the prohibited result will occur (People v. Owens, 1983). For intent to be present, it must be proved that the thought to conduct the act was present. The prosecution must be able to prove that the defendant had intent to achieve a specific goal in addition to the intent to commit the illegal act. Examples of the types of specific intent crimes are burglary, conspiracy, forgery, embezzlement and larceny. Because intent mainly refers to the state of mind, it is hard to prove with direct evidence and is usually inferred from the facts of the case. Evidence of intent is admissible to prove a specific-intent crime.
Which crimes might be easier to prove intent than others? General intent crimes are easier to prove and can also result in a less severe punishment. A basic definition of general intent is the intent to perform the criminal actor actus reus (People v. Mcdaniel,1979). If the defendant acts intentionally but without the additional desire to bring about a certain result, or do anything other than the criminal act itself, the defendant has acted with general intent.
What kinds of proof might be used for certain crimes than others? There are three standards of proof which are proof beyond a reasonable doubt, preponderance of the evidence and clear and convincing evidence. Preponderance of the evidence is the lowest standard of proof. It is used primarily in civil proceedings. This standard means that it is more likely than not that the facts are as that which one of the parties claim. Clear and convincing evidence is a step up from the preponderance. This requires that the evidence show that it is highly probable or probably certain that the thing alleged has occurred. Proof beyond a reasonable doubt refers to the standard of proof in criminal prosecutions. The prosecutor has the duty to convince the jury by proof beyond a reasonable doubt of each and every element of the crime before a jury should convict a defendant (People v. Mcdaniel, 1979).
V/r
Bryan
People v. Mcdaniel, 597 p.2d 124 (1979), accessed february 14, 2011, http://scholar.google.com/ scholar_case?case=8266915507346002022&hl=en&as_sdt=2&as_vis=1&oi=scholarr.
People v. Owens, 131 mich. App. 76, 345 n.w.2d 904 [1983], accessed december 10, 2010, http://scholar.google.com/ scholar_case?case=4472828314482166952&hl=en&as_sdt=2&as_vis=1&oi=scholarr.
Q2.
Proving intent can be challenging in criminal cases as in order to prove intent you must attempt to prove what a person was thinking and that the actions that the person took was for a distinct desired result. Criminal intent is when a suspect intends to do something wrong or something that is forbidden. The problem with proving criminal intent, mens rea, is it refers to the state of mind of an individual who makes a decision and that results in a criminal act. Wh.
Steven is on trial for the murder of a man named Joseph. At first .docxwhitneyleman54422
Steven is on trial for the murder of a man named Joseph. At first glance, the case constitutes a crime and punishment under the law. It appears that Steven committed an unlawful act voluntarily and had the full intention of doing so. Based on this evidence alone, Steven has fulfilled the definition of committing a crime.
The criminal court system intends to provide justice to those involved in the court process. Let’s take a closer look at the events that unfolded on the night that Joseph was killed. Steven was alone inside his one-bedroom apartment in the city. It was late at night, and he was almost asleep when he heard someone break the padlock on the door and enter his apartment. The man moved directly up to Stephen’s bedroom and forced the locked door open. Joseph had broken into Steven’s home with the intent to injure and possibly kill Steven. Once he had gained entry into the room, the intruder, Joseph, first tried to strangle the unsuspecting homeowner, but when it was clear that Steven might overpower him, Joseph removed a revolver from his back pocket and shot at Steven twice. To protect himself from serious bodily harm, Steven dislodged himself from his potential killer, moved to his kitchen, and stabbed Joseph with a kitchen knife. As Steven moves through the court process, his lawyer is likely to use the fact that the act was self-defense to prove that Steven is not legally guilty for his actions and should not be found guilty of murder under the law.
Steven is on trial for the murder of a man named Joseph. At first glance, the case constitutes a crime and punishment under the law. It appears that Steven committed an unlawful act voluntarily and had the full intention of doing so. Based on this evidence alone, Steven has fulfilled the definition of committing a crime.
The criminal court system intends to provide justice to those involved in the court process. Let’s take a closer look at the events that unfolded on the night that Joseph was killed. Steven was alone inside his one-bedroom apartment in the city. It was late at night, and he was almost asleep when he heard someone break the padlock on the door and enter his apartment. The man moved directly up to Stephen’s bedroom and forced the locked door open. Joseph had broken into Steven’s home with the intent to injure and possibly kill Steven. Once he had gained entry into the room, the intruder, Joseph, first tried to strangle the unsuspecting homeowner, but when it was clear that Steven might overpower him, Joseph removed a revolver from his back pocket and shot at Steven twice. To protect himself from serious bodily harm, Steven dislodged himself from his potential killer, moved to his kitchen, and stabbed Joseph with a kitchen knife. As Steven moves through the court process, his lawyer is likely to use the fact that the act was self-defense to prove that Steven is not legally guilty for his actions and should not be found guilty of murder under the law.
For an act to be .
Power point on the information delivered in class about the Mischief rule, as well as recap questions for golden rule and a little intro to Purposive Approach.
Event Report - SAP Sapphire 2024 Orlando - lots of innovation and old challengesHolger Mueller
Holger Mueller of Constellation Research shares his key takeaways from SAP's Sapphire confernece, held in Orlando, June 3rd till 5th 2024, in the Orange Convention Center.
Putting the SPARK into Virtual Training.pptxCynthia Clay
This 60-minute webinar, sponsored by Adobe, was delivered for the Training Mag Network. It explored the five elements of SPARK: Storytelling, Purpose, Action, Relationships, and Kudos. Knowing how to tell a well-structured story is key to building long-term memory. Stating a clear purpose that doesn't take away from the discovery learning process is critical. Ensuring that people move from theory to practical application is imperative. Creating strong social learning is the key to commitment and engagement. Validating and affirming participants' comments is the way to create a positive learning environment.
Affordable Stationery Printing Services in Jaipur | Navpack n PrintNavpack & Print
Looking for professional printing services in Jaipur? Navpack n Print offers high-quality and affordable stationery printing for all your business needs. Stand out with custom stationery designs and fast turnaround times. Contact us today for a quote!
Enterprise Excellence is Inclusive Excellence.pdfKaiNexus
Enterprise excellence and inclusive excellence are closely linked, and real-world challenges have shown that both are essential to the success of any organization. To achieve enterprise excellence, organizations must focus on improving their operations and processes while creating an inclusive environment that engages everyone. In this interactive session, the facilitator will highlight commonly established business practices and how they limit our ability to engage everyone every day. More importantly, though, participants will likely gain increased awareness of what we can do differently to maximize enterprise excellence through deliberate inclusion.
What is Enterprise Excellence?
Enterprise Excellence is a holistic approach that's aimed at achieving world-class performance across all aspects of the organization.
What might I learn?
A way to engage all in creating Inclusive Excellence. Lessons from the US military and their parallels to the story of Harry Potter. How belt systems and CI teams can destroy inclusive practices. How leadership language invites people to the party. There are three things leaders can do to engage everyone every day: maximizing psychological safety to create environments where folks learn, contribute, and challenge the status quo.
Who might benefit? Anyone and everyone leading folks from the shop floor to top floor.
Dr. William Harvey is a seasoned Operations Leader with extensive experience in chemical processing, manufacturing, and operations management. At Michelman, he currently oversees multiple sites, leading teams in strategic planning and coaching/practicing continuous improvement. William is set to start his eighth year of teaching at the University of Cincinnati where he teaches marketing, finance, and management. William holds various certifications in change management, quality, leadership, operational excellence, team building, and DiSC, among others.
Implicitly or explicitly all competing businesses employ a strategy to select a mix
of marketing resources. Formulating such competitive strategies fundamentally
involves recognizing relationships between elements of the marketing mix (e.g.,
price and product quality), as well as assessing competitive and market conditions
(i.e., industry structure in the language of economics).
Cracking the Workplace Discipline Code Main.pptxWorkforce Group
Cultivating and maintaining discipline within teams is a critical differentiator for successful organisations.
Forward-thinking leaders and business managers understand the impact that discipline has on organisational success. A disciplined workforce operates with clarity, focus, and a shared understanding of expectations, ultimately driving better results, optimising productivity, and facilitating seamless collaboration.
Although discipline is not a one-size-fits-all approach, it can help create a work environment that encourages personal growth and accountability rather than solely relying on punitive measures.
In this deck, you will learn the significance of workplace discipline for organisational success. You’ll also learn
• Four (4) workplace discipline methods you should consider
• The best and most practical approach to implementing workplace discipline.
• Three (3) key tips to maintain a disciplined workplace.
VAT Registration Outlined In UAE: Benefits and Requirementsuae taxgpt
Vat Registration is a legal obligation for businesses meeting the threshold requirement, helping companies avoid fines and ramifications. Contact now!
https://viralsocialtrends.com/vat-registration-outlined-in-uae/
Building Your Employer Brand with Social MediaLuanWise
Presented at The Global HR Summit, 6th June 2024
In this keynote, Luan Wise will provide invaluable insights to elevate your employer brand on social media platforms including LinkedIn, Facebook, Instagram, X (formerly Twitter) and TikTok. You'll learn how compelling content can authentically showcase your company culture, values, and employee experiences to support your talent acquisition and retention objectives. Additionally, you'll understand the power of employee advocacy to amplify reach and engagement – helping to position your organization as an employer of choice in today's competitive talent landscape.
2. Lesson Objectives:
All learners will be able to:
• To be able to define duress.
• Match case names to facts.
Most learners will be able to:
• To be able to list 4 cases and apply the case-law in
regard to duress as a defence.
Some learners will be able to:
• To be able to list 7 cases and apply it in regard to
duress as a defence.
• To be able to apply duress to problem questions.
3. DURESS
What does this term mean to you?
In what situations do you think duress can arise?
The issue of duress arises where the defendant
is threatened that he must commit a criminal
offence or suffer physical injury or injury to his
family. This type of duress is often referred to
as duress by threats.
4. Attorney-General v Whelan [1934] Murnaghan J
(Irish CCA) – Duress is a defence because ‘"…
threats of immediate death or serious personal
violence so great as to overbear the ordinary
powers of human resistance should be accepted
as a justification for acts which would otherwise
be criminal.“
5. Duress is a excusatory defence
A defendant who commits a criminal offence
under duress is excused from liability because he
is not held to be blameworthy enough to warrant
criminal sanction. It is a complete defence.
Thus, if pleaded successfully, the defendant is
acquitted. The defendant bears a evidential
burden in relation to duress; he must adduce
some evidence of duress in order to make the
issue a live one. The burden of proof is on the
prosecution to disprove duress beyond
reasonable doubt.
6. Which offences is duress a defence
to?
Duress is a general defence – it is available in respect of
most offences. However, duress is no defence to charges of
treason, murder (Howe [1987]) or attempted murder (Gotts
[1992]). Duress is no defence to a person who is charged
with murder as the principal (Abbot v R [1977]) or as a
secondary party (Howe).
The law places importance on the sanctity of life and
protection of the lives of individuals. Therefore, it does not
excuse a defendant from committing murder or attempting
to do so, even where he was under severe pressure of
threats to his own life or those of his family.
7. Howe [1987] AC 417
The defendants participated in one killing as
secondary parties , but were the principals in
another killing. They claimed that they were
acting out of fear that they would be seriously
harmed or killed by a man named Murray, who
organised the killings. The defendants wished to
please duress. The trial judge ruled that duress
was a defence to secondary parties to murder,
but no defence to principals of murder. The HOL
overruled this stating duress was NO DEFENCE to
murder, irrespective of if the person was principal
in first degree or second degree.
8. Gotts [1992] 2 AC 412
The defendant was charged with the attempted murder of his mother. He
claimed that his father had threatened to shoot him unless he killed his
mother, and wished to plead duress. The trial judge ruled that duress was
not available to a charge of attempted murder. As a result of this
ruling, the defendant pleaded guilty and appealed on the ground that the
trial judge’s direction had been wrong. The HOL dismissed the appeal and
confirmed there is no defence of duress to attempted murder.
While the mens rea for attempted murder is an intention to kill, a lesser
intention to cause GBH is sufficient for a charge or murder. Lord Jauncey
questioned whether there is ‘logic in affording the defence to one who
intends to kill but fails, and denying it to on who mistakenly kills intending
only to injure?’
Thus the rationale for concluding that a defendant charged with
attempted murder cannot rely on duress, is because the defendant’s state
of mind may indeed be more serious and inexcusable than that of a
defendant charged with murder.
9. R v Graham [1982]
D was living with his wife and a homosexual
man, King, who was D’s lover. King was a violent
man who was jealous of D’s wife. He suggested
that they kill her. King placed an electrical flex
around the wife’s neck and told D to pull on the
other end. He did so and the wife died. D was
charged with murder and pleaded duress. He
argued that he only acted out of fear of King. He
was convicted and appealed. The CA upheld
conviction because the threat made by King was
not sufficiently grave to raise duress.
10. Lord Lane CJ gave the leading judgement and stated
that the jury should consider the following two
questions:
1. Whether or not the defendant was compelled to act as
he did because, on the basis of the circumstances as he
honestly believed them to be, he thought his life was in
immediate danger. (Subjective test)
2. Would a sober person of reasonable firmness sharing
the defendant's characteristics have responded in the
same way to the threats? (Objective test).
The subjective and objective elements are often
referred to as ‘The Graham Test’.
11. The Graham Test
The subjective test - Immediate/imminent:
R v Hudson and Taylor [1971] - two young girls who were
charged with perjury after they gave evidence in respect of
an incident they had witnessed in a pub. Both defendants
were called to give evidence against the man
charged, X, but both failed to identify him in court. They
argued that Hudson had been approached by X’s friends
who threatened her with physical injury if they gave
evidence. The trial judge ruled that duress was not
available because the girls were protected by the police at
the time. The Court of Appeal held the girls were not guilty
of perjury, stating that it should have been left to the jury
to decide whether the threats had overborne the will of the
appellants at the time when they gave the evidence – were
the threats still imminent?
12. The Graham Test
‘The reasonable person’ – objective test.
R v Bowen – leading case; D was convicted of the offence of obtaining
services by deception. He was of low IQ, with a reading age of 7 years
old, and was abnormally suggestible and vulnerable. The defendant
claimed that he had been threatened by two men that they would throw a
petrol bomb at his house unless he committed the offence. It was held
that this not a relevant characteristic since it did not make those who had
it less courageous or less able to withstand threats and pressure than an
ordinary person.
The court of appeal held that the only relevant characteristics were the
age, and possibly the sex of the defendant, pregnancy (where the threat of
harm is to the unborn) serious physical disability, and a clinically
recognised psychiatric condition.
Therefore it was held that the question could not be ‘Would a sober
person of reasonable firmness sharing the defendant's ‘low IQ’ have
responded in the same way to the threats?’. Low IQ was not a relevant
characteristic.
13. Violent gangs
The defence of duress is not available to persons who commit
crimes as a consequence of threats from members of violent
gangs, which they have voluntarily joined.
R v Sharp [1987] - D joined a gang who carried out a series of armed
robberies at sub-post offices. In the last of these robberies the sub
postmaster was shot and killed by X.
Lord Lane CJ;
• “…the defence of duress was not available to a person who
voluntarily and with knowledge of its nature joined a criminal
organisation or gang, which he knew might bring pressure on him to
commit an offence, and was an active member when he was put
under such pressure.”
14. Gangs
R v Shepherd [1987] – D voluntarily joined a gang of
shoplifters. They were not a violent gang and the
defendant did not know them to se violent methods.
However, the defendant was threatened with
violence, as a result of which he committed burglary.
The trial judge followed previous authorities and
refused to leave duress to the jury. On appeal, the
Court of Appeal ordered a retrial and held that duress
should have been available to the defendant on this
case. The court distinguished on the grounds that the
gang the defendant had joined was not known to use
violence. Held not guilty.
15. R v Hasan [2005]
The defendant worked as a driver for a woman
who was involved in prostitution. The woman’s
boyfriend, S, was a drug dealer and a violent
man. The defendant was charged with aggravated
burglary. He claimed that he had acted under
duress having been coerced into committing the
burglary by S. The trial judge directed the jury
that the defence of duress would not be available
to the defendant if they found that by associating
himself with S, he had voluntarily put himself in a
position in which he knew that he was likely to be
subjected to threats. The HOL confirmed this.
16. Activity
Having gone through the definitions of
duress, the tests and the case-law, identify the
elements required for a defence of duress.
There are 7 points.
(5 mins)
17. The elements required for a defence
of duress:
1. A threat from another person
2. Of serious personal violence
3. Against the accused or another person
4. Instructing the accused to commit a crime
5. Which causes the accused to commit any crime
but not murder or attempted murder
6. Where another person of reasonable firmness
would have acted the same
7. And the threat was not from a fellow member of
a violent gang.
18. Problem question
Mildred and John, two law students, decide to go to the SU Bar for
a few drinks after their finals. After several drinks, Mildred
confesses to John that she cheated in her criminal law exam. John
threatens to tell their lecturer unless Mildred steals the takings
from behind the bar. Mildred refuses at first, but John makes
further threats to reveal Mildred’s homosexual inclinations on
Facebook and to send someone round to beat her up. Frightened
that John will carry out his threats, Mildred steals £100 from behind
the bar. On her way out of the SU Bar, Mildred is approached by
Bert, a security guard, who has witnessed the theft. Fearing that
John has sent Bert to find Mildred, she strikes Bert on the head with
her textbook, causing him serious injury.
Discuss whether Mildred has any defences. Use case-law to
support your answer.