This document provides guidance for students taking the 2012 synoptic paper on criminal attempts. It outlines the basic structure of the exam, including the time allotted, types of questions, and expectations for responses. It emphasizes applying relevant cases and sources to answer questions. The document also includes summaries of key cases on attempts, identifying their facts, ratio decidendi, and area of law (actus reus, mens rea, or impossibility). Finally, it provides short summaries of four sources that will be used, highlighting their content and context. The document is intended to help students prepare and perform well on the exam by understanding what will be tested and having essential information about attempts cases and sources at their fingertips.
This document provides information about life coaching services offered by Realization Life Coaching. It defines coaching as a relationship that focuses on helping clients achieve their goals and desires in life. Coaching benefits those ready for change, facing decisions, wanting to advance, or seeking accountability. A coach contributes by helping clients set better goals, providing motivation, focus, and tools to accomplish more than they could alone. Coaching has been proven to work when the client is willing to grow and a gap exists between their current and desired state. Coaching can help self-motivated individuals, those wanting to help others, and successful professionals seeking further growth.
WordPress plugin market research
1) 3 strategies to check out if my plugin idea is needed.
2) check out which keywords your users using.
3) who are my audience?
This document provides information about life coaching services offered by Realization Life Coaching. It defines coaching as a relationship that focuses on helping clients achieve their goals and desires in life. Coaching benefits those ready for change, facing decisions, wanting to advance, or seeking accountability. A coach contributes by helping clients set better goals, providing motivation, focus, and tools to accomplish more than they could alone. Coaching has been proven to work when the client is willing to grow and a gap exists between their current and desired state. Coaching can help self-motivated individuals, those wanting to help others, and successful professionals seeking further growth.
WordPress plugin market research
1) 3 strategies to check out if my plugin idea is needed.
2) check out which keywords your users using.
3) who are my audience?
This document summarizes a session on grant writing tips from multiple perspectives, including an NIH grantee, NIH program director, VA program manager, and review chair. The session aimed to help applicants present their scientific ideas to various audiences like reviewers and program staff. Key tips included aiming specific aims at the intended audience, emphasizing the impact of the proposed work, learning about the roles of NIH staff in reviewing applications, and addressing eligibility requirements and how the research fits the funding organization's mission. The document stresses making clear the proposed research, its importance and feasibility, potential discoveries, and impact on the field. It also notes the importance of career development plans and resources for training grants. Reviewers look for impact, a sound approach and hypothesis
Raghu Jagadeesha has a MS in Computer Engineering from Clemson University and a BE in Instrumentation Technology from BMS College of Engineering. He has skills in programming languages like C++, C, Java, Python and tools like Matlab, OpenCV, Hadoop, and experience with machine learning, deep learning, computer vision and image processing. He is currently a graduate research assistant at Clemson University studying epileptic EEG signals. Previously he worked as a senior software engineer at Samsung R&D Institute developing display drivers for Samsung smartphones. His projects include information retrieval using Hadoop, 2D game development, CUDA-MPI optimization, implementing various machine learning algorithms, computer vision techniques, and neural networks including convolutional networks.
Este documento describe los beneficios de la programación neurolingüística (PNL) en la educación. Explica que la PNL se enfoca en analizar la conducta de los niños para mejorar los procesos de aprendizaje y enseñanza. También discute que autores como John Grinder y Richard Blander han contribuido a la PNL mediante el desarrollo de teorías e investigaciones que buscan optimizar las habilidades de los estudiantes. Además, señala que la PNL puede implementar diversas alternativas para abordar problemas
Welcome To My World: Why I Can't Sleep at NightRuss Stalters
Russell Stalters discusses the challenges of managing large volumes of documents and information in the digital age. He argues that e-discovery poses a massive challenge for organizations due to the scale of document conversions required. Additionally, current information management solutions are still too complex to use and education programs do not provide the necessary multi-disciplinary training. Stalters calls for simpler solutions, industry-specific packaged solutions, and a new professional discipline and career path focused on addressing these modern information challenges.
El documento discute las definiciones de lo urbano. Ha habido complicaciones en definir lo urbano debido a la desaparición de diferencias entre ciudad y campo. Algunos rasgos característicos de lo urbano incluyen el tamaño, densidad y actividad no agrícola. Las ciudades se reconocen por su forma ordenada alrededor de un núcleo y sus habitantes se dedican a actividades no agrícolas. La cultura urbana se caracteriza por el intercambio y la innovación concentrada en los centros de decisión.
Este documento discute la investigación e innovación educativa. Define la innovación como la selección y organización creativa de recursos humanos y materiales para lograr metas más altas. Explica que la innovación educativa enfrenta el desafío de la adopción por parte de personas e instituciones. Presenta tres modelos de procesos para generar innovación educativa: el modelo de investigación y desarrollo, el modelo de interacción social y el modelo de resolución de problemas. Finalmente, define la investigación educativa como acciones sistemáticas para formar nuevos valores,
WPMEETUP : Build mailbox from WordPress and email automation servicesĐược Nguyễn
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The document provides a SWOT analysis for the lingerie retailer Boux Avenue. It outlines the company's strengths such as providing high quality customer service and growing sales. Weaknesses include having similar offers to competitors and potential disruption from migrating distribution centers. Opportunities exist in expanding product lines and internationally. Threats include increased competition from department stores and needing to keep up with customers' digital demands.
This document discusses anti-epileptic drugs (AEDs) for the treatment of epilepsy. It provides guidelines on choosing the appropriate AED based on the seizure type, epilepsy syndrome, patient characteristics, comorbidities, tolerability, and cost. Older AEDs like carbamazepine and valproate remain effective but have more side effects, while newer AEDs have better tolerability profiles but are more expensive. The document emphasizes tailoring AED selection to each individual patient based on their specific condition and needs.
The document discusses the mu rhythm, which is a central rhythm seen on EEG with an alpha frequency band of 8-10 Hz. It has an arciform configuration and occurs in less than 5% of children under age 4 and 18-20% of children ages 8-16. The mu rhythm is not blocked by eye opening but is blocked by touch, limb movement, or thought of movement. It is usually asymmetric and independent between hemispheres. The mu rhythm is believed to originate from the sensorimotor cortex at rest and can be prominent in patients with skull defects.
The document discusses involuntary manslaughter and potential reforms to the law. It summarizes the current law on involuntary manslaughter and identifies issues and criticisms. It then outlines proposals from the Law Commission and UK Government to reform the law by replacing involuntary manslaughter with new offenses of "reckless killing" and "killing by gross carelessness." The Law Commission proposed detailed definitions for these new offenses and maximum sentences. The Government agreed with the proposals but suggested a third offense for deaths resulting from illegal violence. A later Law Commission report recommended further revisions, including including reckless within gross negligence manslaughter.
This document provides an overview and instructions for a case study analysis assignment. It discusses analyzing legal and ethical issues arising from healthcare cases, comparing facts of precedential cases to new cases, and outlining a four-part analysis of facts, issues, reasoning, and holding. Students are asked to examine a case's facts, relevant issues, provide an analysis based on principles, and formulate a conclusion, then discuss resolution strategies on an online forum. The document emphasizes that there are no strictly "correct" answers for case discussions.
1. Explain the purposes or rationales for punishment and the argum.docxjackiewalcutt
1. Explain the purposes or rationales for punishment and the arguments in favor of each rationale. Include a discussion about current trends in punishment.
2. Explain the relationship between the general and special parts of criminal law.
3. What behavior deserves criminal punishment? Explain the purposes of criminal punishment (deterrence, incapacitation, rehabilitation)?
4. Define presumption of innocence. What is the importance of the presumption of innocence as it relates to criminal liability?
5. What are affirmative defenses? How do the burdens of production and persuasion relate to affirmative defenses?
6. Explain the principle of proportionality. Describe how the principle relates to the death penalty and imprisonment.
7. The Eighth Amendment prohibits cruel and unusual punishment. Discuss the opinions in the following cases regarding the courts application of the prohibition against cruel and unusual punishment to the death penalty. Kennedy v. Louisiana (2008), Atkins v. Virginia (2002), Roper v. Simmons (2005).
8. Define, compare, and contrast constructive, actual, mere, and knowing possession. Be sure to provide an example of each.
9. What is the legal definition of a voluntary act? Explain fault-based defenses and affirmative defenses and their relationship to the legal definition of a voluntary act. Provide examples.
10. What are strict liability crimes? Provide an example. What are some of the arguments for and against such crimes? Do you think there should or should not be strict liability crimes? Explain your position.
...
Here is a possible response:
The lower courts would have to follow the 1951 precedent from the House of Lords in this case, even if they disagreed with the reasoning or decision. This is because the lower courts are strictly bound by the doctrine of precedent to apply decisions of higher courts.
However, as the source notes on lines 7-16, the House of Lords (now the Supreme Court) has the power to depart from its own previous decisions in certain defined circumstances. Following the Practice Statement in 1966, the House of Lords could potentially overrule or depart from the 1951 precedent if it felt the earlier decision was wrong. This allows the highest court to correct errors and develop the law in light of changing circumstances or new evidence.
Due Week 8 and worth 200 pointsIn preparation for this assignmen.docxshandicollingwood
Due Week 8 and worth 200 points
In preparation for this assignment, please view the Jurisville scenarios and resulting simulations from Weeks 5 through 7 in Unit 2: Courts.
In the scenarios and resulting simulations, Tim Smith, senior criminal lawyer, discusses select cases and asks a paralegal to indicate which courts would have exclusive jurisdiction of the cases in question. He also discusses various pretrial procedures and illustrates them with select cases. Finally, Tim Smith introduces the case of Roland Gary, who served twenty-three (23) years in prison for a crime that he did not commit. The case brought to light several key issues, along with the manner in which they were resolved.
Use the Internet to research three real-life cases from the past five (5) years that fit the following criteria:
Cases that depict the unique processes related to different courts
The defendant accepted a plea bargain as an alternative to trial
The defendant was wrongly accused and later vindicated
Write a three to four (3-4) page paper in which you:
Discuss one (1) real-life criminal case, taken from current events, and identify the court that took jurisdiction. Explain why the court that took the case was the appropriate one for the particular circumstances.
Discuss the real-life case that you have selected, in which the defendant accepted a plea bargain as an alternative to trial. Give your opinion on whether or not justice was served in the case in question. Provide a rationale for the response.
Discuss the real-life case that you selected, in which, like Roland Gary, the defendant was wrongly accused and later vindicated. Explore one (1) key aspect of the case and examine its relation to the case at large. Describe the resolution to the selected case.
Use at least three (3) quality resources in this assignment.
Note:
Wikipedia and similar Websites do not qualify as quality resources.
Your assignment must follow these formatting requirements:
Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.
The specific course learning outcomes associated with this assignment are:
Summarize the current ethical issues faced by criminal justice professionals and future of the criminal justice system.
Explain the development of American courts and illustrate the concept of the dual-court system.
Distinguish between the various courtroom participants, and describe the stages in a criminal trial.
Use technology and information resources to research issues in criminal justice.
Write clearly and concisely about criminal justice using proper writing mechanics and AP.
1. Lord Denning, as Master of the Rolls, disagreed with the limitation that the Court of Appeal was bound by precedent, including decisions of the House of Lords.
2. In several cases, Denning refused to follow House of Lords precedents, arguing that the Practice Statement of 1966 allowed the Court of Appeal more flexibility.
3. However, the House of Lords rejected Denning's arguments and affirmed that the Court of Appeal must follow House of Lords precedents, and that only the House of Lords itself could revisit its own precedents.
The document provides guidance for Miss Hart's 2011-12 synoptic paper, noting that it will focus on pulling together knowledge from AS and A2 to evaluate, apply, and explore one area of law using source materials. It indicates the majority of marks will be for AO2, requiring arguments and applications to be supported by sources. Students have 10 minutes to complete a starter activity identifying key cases and assigning them to topic areas to demonstrate their understanding.
n preparation for this assignment, please view the Jurisville scen.docxlea6nklmattu
n preparation for this assignment, please view the Jurisville scenarios and resulting simulations from Weeks 5 through 7 in Unit 2: Courts.
In the scenarios and resulting simulations, Tim Smith, senior criminal lawyer, discusses select cases and asks a paralegal to indicate which courts would have exclusive jurisdiction of the cases in question. He also discusses various pretrial procedures and illustrates them with select cases. Finally, Tim Smith introduces the case of Roland Gary, who served twenty-three (23) years in prison for a crime that he did not commit. The case brought to light several key issues, along with the manner in which they were resolved.
Use the Internet to research three real-life cases from the past five (5) years that fit the following criteria:
Cases that depict the unique processes related to different courts
The defendant accepted a plea bargain as an alternative to trial
The defendant was wrongly accused and later vindicated
Write a three to four (3-4) page paper in which you:
Discuss one (1) real-life criminal case, taken from current events, and identify the court that took jurisdiction. Explain why the court that took the case was the appropriate one for the particular circumstances.
Discuss the real-life case that you have selected, in which the defendant accepted a plea bargain as an alternative to trial. Give your opinion on whether or not justice was served in the case in question. Provide a rationale for the response.
Discuss the real-life case that you selected, in which, like Roland Gary, the defendant was wrongly accused and later vindicated. Explore one (1) key aspect of the case and examine its relation to the case at large. Describe the resolution to the selected case.
Use at least three (3) quality resources in this assignment.
Note:
Wikipedia and similar Websites do not qualify as quality resources.
Your assignment must follow these formatting requirements:
Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format.
Assignment 2:
Trials and Verdicts
Criteria
Unacceptable
Below 60% F
Meets Minimum Expectations
60-69% D
Fair
70-79% C
Proficient
80-89% B
Exemplary
90-100% A
1.
Discuss one (1) real-life criminal case, taken from current events, and identify the court that took jurisdiction. Explain why the court that took the case was the appropriate one for the particular circumstances.
Weight: 25%
Did not submit or incompletely
discussed one (1) real-life criminal case, taken from current events, and did not submit or incompletely identified the court that took jurisdiction.
Did not submit or incompletely
explained why the court that took the case was the appropriate one for the particular circumstances.
Insufficiently
discussed one (1) real-life criminal case, taken from current events, and insufficiently identified the court that took jurisdiction.
Insufficiently
explained why the cou.
Who should judge the judges Discuss the benefits of merit sel.docxcooperapleh
Who should judge the judges? Discuss the benefits of merit selection of judges and also elections? What role should special interest play in selecting judges? Which system is best? How does Republican v. White (2002) as discussed in your textbook impact the system of selecting judges?
Why might judicial sentencing guidelines be viewed as an infringement of the legislative branch on the powers of the judiciary? How are divorce cases and divorce law different from most other civil cases?
The death penalty debate usually brings about three main issues – morality, deterrence, and
fairness – which provides the best argument for abolishing the death penalty? Which one is the most persuasive for keeping the death penalty? Do you think the issue of innocents on death row justifies a moratorium on the death penalty?
4.
Define the following and give an example:
1. Plea bargaining
2. Sentencing guidelines
3. Sentencing discrimination
4. Miranda Rights
5. Grand Juries
Define a mass tort claim and discuss how such cases differ from ordinary tort litigation.
6.
Is the United States suffering from a litigation explosion? Explain your answer.
7.
Compare and contrast the view that Americans are “too quick to sue” with the view that everyone deserves “equal access to the civil legal system.”
What is Alternative Dispute Resolution? How is it similar or different from traditional court based litigation?
9.
What are the seven steps of a Civil Case Proceeding? List and define.
10.
In a civil case, discuss the - concept of burden of proof and the use of evidence in proving the case. - What types of evidence can be used?
11.
Define the following:
1.Voir - Dire
2.Challenge for cause
3.Peremptory challenge
4.Ripeness and
5.Mootness
12.
Are concerns about the impact of pretrial publicity warranted in most cases? Examine efforts to limit prejudicial pretrial publicity in this era of the 24/7 new cycle.
13. Describe what is meant by the term “jury nullification” and offer an explanation for why jurors might want to engage in such behavior.
14. What are the primary differences between trial and appellate courts?
15. What is meant by habeas corpus relief? Explain the history of habeas corpus in the United States and relate it the current situation of enemy combatants being held by the U.S. government in Cuba.
16. What are two important factors in understanding how appellate court judges make their decisions?
17. Why is Roe v. Wade (1973) a useful decision for considering the scope of the Supreme Court’s political power?
18. What are two reasons why a Supreme Court justice might be reluctant to vote to consider a case?
19. Explain the rule of four and why it is important in considering which cases the Supreme Court places on its docket.
20. Describe the Supreme Court’s workload.
.
1. Who should judge the judges Discuss the benefits of merit se.docxjackiewalcutt
1. Who should judge the judges? Discuss the benefits of merit selection of judges and also elections? What role should special interest play in selecting judges? Which system is best? How does Republican v. White (2002) as discussed in your textbook impact the system of selecting judges?
2. Why might judicial sentencing guidelines be viewed as an infringement of the legislative branch on the powers of the judiciary? How are divorce cases and divorce law different from most other civil cases?
3. The death penalty debate usually brings about three main issues – morality, deterrence, and fairness – which provides the best argument for abolishing the death penalty? Which one is the most persuasive for keeping the death penalty? Do you think the issue of innocents on death row justifies a moratorium on the death penalty?
4. Define the following and give an example:
1. Plea bargaining
2. Sentencing guidelines
3. Sentencing discrimination
4. Miranda Rights
5. Grand Juries
5. Define a mass tort claim and discuss how such cases differ from ordinary tort litigation.
6. Is the United States suffering from a litigation explosion? Explain your answer.
7. Compare and contrast the view that Americans are “too quick to sue” with the view that everyone deserves “equal access to the civil legal system.”
8. What is Alternative Dispute Resolution? How is it similar or different from traditional court based litigation?
9. What are the seven steps of a Civil Case Proceeding? List and define.
10. In a civil case, discuss the - concept of burden of proof and the use of evidence in proving the case. - What types of evidence can be used?
11. Define the following:
· 1.Voir - Dire
· 2.Challenge for cause
· 3.Peremptory challenge
· 4.Ripeness and
· 5.Mootness
12. Are concerns about the impact of pretrial publicity warranted in most cases? Examine efforts to limit prejudicial pretrial publicity in this era of the 24/7 new cycle.
13. Describe what is meant by the term “jury nullification” and offer an explanation for why jurors might want to engage in such behavior.
14. What are the primary differences between trial and appellate courts?
15. What is meant by habeas corpus relief? Explain the history of habeas corpus in the United States and relate it the current situation of enemy combatants being held by the U.S. government in Cuba.
16. What are two important factors in understanding how appellate court judges make their decisions?
17. Why is Roe v. Wade (1973) a useful decision for considering the scope of the Supreme Court’s political power?
18. What are two reasons why a Supreme Court justice might be reluctant to vote to consider a case?
19. Explain the rule of four and why it is important in considering which cases the Supreme Court places on its docket.
20. Describe the Supreme Court’s workload.
...
InstructionsIntegral to this course will be the ability to read,.docxJeniceStuckeyoo
Instructions
Integral to this course will be the ability to read, understand, brief, and discuss the cases of the Supreme Court of the United States (SCOTUS). The following information, "How to Brief Case Law,” discusses how to master these tasks. This information will be referenced and used throughout the course, including in the unit assessments.
The official site of the Supreme Court of the United States (SCOTUS) is a useful and beneficial tool. Some cases even provide the ability to listen to the oral arguments. This site could be used to supplement any additional information the student might need.
Note: There are numerous sites on the internet that provide case briefs. If any student case briefs are copied, there will be an automatic score of zero for the respective unit.
How to Brief Case Law
A court uses the following components in case law. You should use these components when you brief, or summarize, case law. Each component is detailed below:
1) Proper and full legal citation
2) Procedural history
3) Facts
4) Issue(s)
5) Holding, including vote
6) Rule(s) of law, Legal principle that was used/created
7) Rationale reasoning/analysis use by court
8) Significance—What do we have now, that we did not have before this case?
Case Brief Explanation
Proper and full legal citation
List the title of the case and the case’s legal reference according to APA standards.
Example:
Miranda v. Arizona
, 384 U.S. 436 (1966)
Procedural history
Typically, there is a section that covers the judicial history, that is a very short summary of what happened at each preceding stage: trial court of XX found the defendant guilty (as described in the “Facts” section), (party name) appealed based upon (specify legal issue), and the appellate court affirmed or reversed, it was then appealed to the (State) Supreme Court which reversed or affirmed, and based upon the Constitutional issues of 1,2,3, (these are enumerated in the “issues” section) the case was appealed to the (name the federal court), that affirmed or reversed, and then (party name) appealed to the USSC on the grounds of (very specific constitutional grounds); the court granted certiorari (agreed to hear the case on this specific basis).
Facts of the case
Facts of the case should be the ABSOLUTE fewest words possible to convey the legally relevant issues. No details are needed unless they are specifically related to the particular legal challenge bringing us to the United States Supreme Court (USSC). It takes discipline and practice to keep this to a few lines while still capturing the essentials. This section ends with a conviction and provides a segue to the next section.
Issues
Issues are answered using yes or no question(s) that identify the larger constitutional question that will be considered by the USSC and is typically quite specific in terms of a legal issue, but not necessarily specific to the set of facts in this case. It is possible that a sing.
This document summarizes a session on grant writing tips from multiple perspectives, including an NIH grantee, NIH program director, VA program manager, and review chair. The session aimed to help applicants present their scientific ideas to various audiences like reviewers and program staff. Key tips included aiming specific aims at the intended audience, emphasizing the impact of the proposed work, learning about the roles of NIH staff in reviewing applications, and addressing eligibility requirements and how the research fits the funding organization's mission. The document stresses making clear the proposed research, its importance and feasibility, potential discoveries, and impact on the field. It also notes the importance of career development plans and resources for training grants. Reviewers look for impact, a sound approach and hypothesis
Raghu Jagadeesha has a MS in Computer Engineering from Clemson University and a BE in Instrumentation Technology from BMS College of Engineering. He has skills in programming languages like C++, C, Java, Python and tools like Matlab, OpenCV, Hadoop, and experience with machine learning, deep learning, computer vision and image processing. He is currently a graduate research assistant at Clemson University studying epileptic EEG signals. Previously he worked as a senior software engineer at Samsung R&D Institute developing display drivers for Samsung smartphones. His projects include information retrieval using Hadoop, 2D game development, CUDA-MPI optimization, implementing various machine learning algorithms, computer vision techniques, and neural networks including convolutional networks.
Este documento describe los beneficios de la programación neurolingüística (PNL) en la educación. Explica que la PNL se enfoca en analizar la conducta de los niños para mejorar los procesos de aprendizaje y enseñanza. También discute que autores como John Grinder y Richard Blander han contribuido a la PNL mediante el desarrollo de teorías e investigaciones que buscan optimizar las habilidades de los estudiantes. Además, señala que la PNL puede implementar diversas alternativas para abordar problemas
Welcome To My World: Why I Can't Sleep at NightRuss Stalters
Russell Stalters discusses the challenges of managing large volumes of documents and information in the digital age. He argues that e-discovery poses a massive challenge for organizations due to the scale of document conversions required. Additionally, current information management solutions are still too complex to use and education programs do not provide the necessary multi-disciplinary training. Stalters calls for simpler solutions, industry-specific packaged solutions, and a new professional discipline and career path focused on addressing these modern information challenges.
El documento discute las definiciones de lo urbano. Ha habido complicaciones en definir lo urbano debido a la desaparición de diferencias entre ciudad y campo. Algunos rasgos característicos de lo urbano incluyen el tamaño, densidad y actividad no agrícola. Las ciudades se reconocen por su forma ordenada alrededor de un núcleo y sus habitantes se dedican a actividades no agrícolas. La cultura urbana se caracteriza por el intercambio y la innovación concentrada en los centros de decisión.
Este documento discute la investigación e innovación educativa. Define la innovación como la selección y organización creativa de recursos humanos y materiales para lograr metas más altas. Explica que la innovación educativa enfrenta el desafío de la adopción por parte de personas e instituciones. Presenta tres modelos de procesos para generar innovación educativa: el modelo de investigación y desarrollo, el modelo de interacción social y el modelo de resolución de problemas. Finalmente, define la investigación educativa como acciones sistemáticas para formar nuevos valores,
WPMEETUP : Build mailbox from WordPress and email automation servicesĐược Nguyễn
Để có thể xem được video demo, vui lòng tải từ fshare https://www.fshare.vn/file/7NEP7IQVWN8V
Hoặc xem ở youtube :
- Add domain : https://youtu.be/mUOvDGswieM
- Add route : https://youtu.be/QSiRsYn79uU
- Demo inbound : https://youtu.be/bWKuCNgfiZ4
- Demo outbound : https://youtu.be/dgbEdB_w1wk
The document provides a SWOT analysis for the lingerie retailer Boux Avenue. It outlines the company's strengths such as providing high quality customer service and growing sales. Weaknesses include having similar offers to competitors and potential disruption from migrating distribution centers. Opportunities exist in expanding product lines and internationally. Threats include increased competition from department stores and needing to keep up with customers' digital demands.
This document discusses anti-epileptic drugs (AEDs) for the treatment of epilepsy. It provides guidelines on choosing the appropriate AED based on the seizure type, epilepsy syndrome, patient characteristics, comorbidities, tolerability, and cost. Older AEDs like carbamazepine and valproate remain effective but have more side effects, while newer AEDs have better tolerability profiles but are more expensive. The document emphasizes tailoring AED selection to each individual patient based on their specific condition and needs.
The document discusses the mu rhythm, which is a central rhythm seen on EEG with an alpha frequency band of 8-10 Hz. It has an arciform configuration and occurs in less than 5% of children under age 4 and 18-20% of children ages 8-16. The mu rhythm is not blocked by eye opening but is blocked by touch, limb movement, or thought of movement. It is usually asymmetric and independent between hemispheres. The mu rhythm is believed to originate from the sensorimotor cortex at rest and can be prominent in patients with skull defects.
The document discusses involuntary manslaughter and potential reforms to the law. It summarizes the current law on involuntary manslaughter and identifies issues and criticisms. It then outlines proposals from the Law Commission and UK Government to reform the law by replacing involuntary manslaughter with new offenses of "reckless killing" and "killing by gross carelessness." The Law Commission proposed detailed definitions for these new offenses and maximum sentences. The Government agreed with the proposals but suggested a third offense for deaths resulting from illegal violence. A later Law Commission report recommended further revisions, including including reckless within gross negligence manslaughter.
This document provides an overview and instructions for a case study analysis assignment. It discusses analyzing legal and ethical issues arising from healthcare cases, comparing facts of precedential cases to new cases, and outlining a four-part analysis of facts, issues, reasoning, and holding. Students are asked to examine a case's facts, relevant issues, provide an analysis based on principles, and formulate a conclusion, then discuss resolution strategies on an online forum. The document emphasizes that there are no strictly "correct" answers for case discussions.
1. Explain the purposes or rationales for punishment and the argum.docxjackiewalcutt
1. Explain the purposes or rationales for punishment and the arguments in favor of each rationale. Include a discussion about current trends in punishment.
2. Explain the relationship between the general and special parts of criminal law.
3. What behavior deserves criminal punishment? Explain the purposes of criminal punishment (deterrence, incapacitation, rehabilitation)?
4. Define presumption of innocence. What is the importance of the presumption of innocence as it relates to criminal liability?
5. What are affirmative defenses? How do the burdens of production and persuasion relate to affirmative defenses?
6. Explain the principle of proportionality. Describe how the principle relates to the death penalty and imprisonment.
7. The Eighth Amendment prohibits cruel and unusual punishment. Discuss the opinions in the following cases regarding the courts application of the prohibition against cruel and unusual punishment to the death penalty. Kennedy v. Louisiana (2008), Atkins v. Virginia (2002), Roper v. Simmons (2005).
8. Define, compare, and contrast constructive, actual, mere, and knowing possession. Be sure to provide an example of each.
9. What is the legal definition of a voluntary act? Explain fault-based defenses and affirmative defenses and their relationship to the legal definition of a voluntary act. Provide examples.
10. What are strict liability crimes? Provide an example. What are some of the arguments for and against such crimes? Do you think there should or should not be strict liability crimes? Explain your position.
...
Here is a possible response:
The lower courts would have to follow the 1951 precedent from the House of Lords in this case, even if they disagreed with the reasoning or decision. This is because the lower courts are strictly bound by the doctrine of precedent to apply decisions of higher courts.
However, as the source notes on lines 7-16, the House of Lords (now the Supreme Court) has the power to depart from its own previous decisions in certain defined circumstances. Following the Practice Statement in 1966, the House of Lords could potentially overrule or depart from the 1951 precedent if it felt the earlier decision was wrong. This allows the highest court to correct errors and develop the law in light of changing circumstances or new evidence.
Due Week 8 and worth 200 pointsIn preparation for this assignmen.docxshandicollingwood
Due Week 8 and worth 200 points
In preparation for this assignment, please view the Jurisville scenarios and resulting simulations from Weeks 5 through 7 in Unit 2: Courts.
In the scenarios and resulting simulations, Tim Smith, senior criminal lawyer, discusses select cases and asks a paralegal to indicate which courts would have exclusive jurisdiction of the cases in question. He also discusses various pretrial procedures and illustrates them with select cases. Finally, Tim Smith introduces the case of Roland Gary, who served twenty-three (23) years in prison for a crime that he did not commit. The case brought to light several key issues, along with the manner in which they were resolved.
Use the Internet to research three real-life cases from the past five (5) years that fit the following criteria:
Cases that depict the unique processes related to different courts
The defendant accepted a plea bargain as an alternative to trial
The defendant was wrongly accused and later vindicated
Write a three to four (3-4) page paper in which you:
Discuss one (1) real-life criminal case, taken from current events, and identify the court that took jurisdiction. Explain why the court that took the case was the appropriate one for the particular circumstances.
Discuss the real-life case that you have selected, in which the defendant accepted a plea bargain as an alternative to trial. Give your opinion on whether or not justice was served in the case in question. Provide a rationale for the response.
Discuss the real-life case that you selected, in which, like Roland Gary, the defendant was wrongly accused and later vindicated. Explore one (1) key aspect of the case and examine its relation to the case at large. Describe the resolution to the selected case.
Use at least three (3) quality resources in this assignment.
Note:
Wikipedia and similar Websites do not qualify as quality resources.
Your assignment must follow these formatting requirements:
Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.
The specific course learning outcomes associated with this assignment are:
Summarize the current ethical issues faced by criminal justice professionals and future of the criminal justice system.
Explain the development of American courts and illustrate the concept of the dual-court system.
Distinguish between the various courtroom participants, and describe the stages in a criminal trial.
Use technology and information resources to research issues in criminal justice.
Write clearly and concisely about criminal justice using proper writing mechanics and AP.
1. Lord Denning, as Master of the Rolls, disagreed with the limitation that the Court of Appeal was bound by precedent, including decisions of the House of Lords.
2. In several cases, Denning refused to follow House of Lords precedents, arguing that the Practice Statement of 1966 allowed the Court of Appeal more flexibility.
3. However, the House of Lords rejected Denning's arguments and affirmed that the Court of Appeal must follow House of Lords precedents, and that only the House of Lords itself could revisit its own precedents.
The document provides guidance for Miss Hart's 2011-12 synoptic paper, noting that it will focus on pulling together knowledge from AS and A2 to evaluate, apply, and explore one area of law using source materials. It indicates the majority of marks will be for AO2, requiring arguments and applications to be supported by sources. Students have 10 minutes to complete a starter activity identifying key cases and assigning them to topic areas to demonstrate their understanding.
n preparation for this assignment, please view the Jurisville scen.docxlea6nklmattu
n preparation for this assignment, please view the Jurisville scenarios and resulting simulations from Weeks 5 through 7 in Unit 2: Courts.
In the scenarios and resulting simulations, Tim Smith, senior criminal lawyer, discusses select cases and asks a paralegal to indicate which courts would have exclusive jurisdiction of the cases in question. He also discusses various pretrial procedures and illustrates them with select cases. Finally, Tim Smith introduces the case of Roland Gary, who served twenty-three (23) years in prison for a crime that he did not commit. The case brought to light several key issues, along with the manner in which they were resolved.
Use the Internet to research three real-life cases from the past five (5) years that fit the following criteria:
Cases that depict the unique processes related to different courts
The defendant accepted a plea bargain as an alternative to trial
The defendant was wrongly accused and later vindicated
Write a three to four (3-4) page paper in which you:
Discuss one (1) real-life criminal case, taken from current events, and identify the court that took jurisdiction. Explain why the court that took the case was the appropriate one for the particular circumstances.
Discuss the real-life case that you have selected, in which the defendant accepted a plea bargain as an alternative to trial. Give your opinion on whether or not justice was served in the case in question. Provide a rationale for the response.
Discuss the real-life case that you selected, in which, like Roland Gary, the defendant was wrongly accused and later vindicated. Explore one (1) key aspect of the case and examine its relation to the case at large. Describe the resolution to the selected case.
Use at least three (3) quality resources in this assignment.
Note:
Wikipedia and similar Websites do not qualify as quality resources.
Your assignment must follow these formatting requirements:
Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format.
Assignment 2:
Trials and Verdicts
Criteria
Unacceptable
Below 60% F
Meets Minimum Expectations
60-69% D
Fair
70-79% C
Proficient
80-89% B
Exemplary
90-100% A
1.
Discuss one (1) real-life criminal case, taken from current events, and identify the court that took jurisdiction. Explain why the court that took the case was the appropriate one for the particular circumstances.
Weight: 25%
Did not submit or incompletely
discussed one (1) real-life criminal case, taken from current events, and did not submit or incompletely identified the court that took jurisdiction.
Did not submit or incompletely
explained why the court that took the case was the appropriate one for the particular circumstances.
Insufficiently
discussed one (1) real-life criminal case, taken from current events, and insufficiently identified the court that took jurisdiction.
Insufficiently
explained why the cou.
Who should judge the judges Discuss the benefits of merit sel.docxcooperapleh
Who should judge the judges? Discuss the benefits of merit selection of judges and also elections? What role should special interest play in selecting judges? Which system is best? How does Republican v. White (2002) as discussed in your textbook impact the system of selecting judges?
Why might judicial sentencing guidelines be viewed as an infringement of the legislative branch on the powers of the judiciary? How are divorce cases and divorce law different from most other civil cases?
The death penalty debate usually brings about three main issues – morality, deterrence, and
fairness – which provides the best argument for abolishing the death penalty? Which one is the most persuasive for keeping the death penalty? Do you think the issue of innocents on death row justifies a moratorium on the death penalty?
4.
Define the following and give an example:
1. Plea bargaining
2. Sentencing guidelines
3. Sentencing discrimination
4. Miranda Rights
5. Grand Juries
Define a mass tort claim and discuss how such cases differ from ordinary tort litigation.
6.
Is the United States suffering from a litigation explosion? Explain your answer.
7.
Compare and contrast the view that Americans are “too quick to sue” with the view that everyone deserves “equal access to the civil legal system.”
What is Alternative Dispute Resolution? How is it similar or different from traditional court based litigation?
9.
What are the seven steps of a Civil Case Proceeding? List and define.
10.
In a civil case, discuss the - concept of burden of proof and the use of evidence in proving the case. - What types of evidence can be used?
11.
Define the following:
1.Voir - Dire
2.Challenge for cause
3.Peremptory challenge
4.Ripeness and
5.Mootness
12.
Are concerns about the impact of pretrial publicity warranted in most cases? Examine efforts to limit prejudicial pretrial publicity in this era of the 24/7 new cycle.
13. Describe what is meant by the term “jury nullification” and offer an explanation for why jurors might want to engage in such behavior.
14. What are the primary differences between trial and appellate courts?
15. What is meant by habeas corpus relief? Explain the history of habeas corpus in the United States and relate it the current situation of enemy combatants being held by the U.S. government in Cuba.
16. What are two important factors in understanding how appellate court judges make their decisions?
17. Why is Roe v. Wade (1973) a useful decision for considering the scope of the Supreme Court’s political power?
18. What are two reasons why a Supreme Court justice might be reluctant to vote to consider a case?
19. Explain the rule of four and why it is important in considering which cases the Supreme Court places on its docket.
20. Describe the Supreme Court’s workload.
.
1. Who should judge the judges Discuss the benefits of merit se.docxjackiewalcutt
1. Who should judge the judges? Discuss the benefits of merit selection of judges and also elections? What role should special interest play in selecting judges? Which system is best? How does Republican v. White (2002) as discussed in your textbook impact the system of selecting judges?
2. Why might judicial sentencing guidelines be viewed as an infringement of the legislative branch on the powers of the judiciary? How are divorce cases and divorce law different from most other civil cases?
3. The death penalty debate usually brings about three main issues – morality, deterrence, and fairness – which provides the best argument for abolishing the death penalty? Which one is the most persuasive for keeping the death penalty? Do you think the issue of innocents on death row justifies a moratorium on the death penalty?
4. Define the following and give an example:
1. Plea bargaining
2. Sentencing guidelines
3. Sentencing discrimination
4. Miranda Rights
5. Grand Juries
5. Define a mass tort claim and discuss how such cases differ from ordinary tort litigation.
6. Is the United States suffering from a litigation explosion? Explain your answer.
7. Compare and contrast the view that Americans are “too quick to sue” with the view that everyone deserves “equal access to the civil legal system.”
8. What is Alternative Dispute Resolution? How is it similar or different from traditional court based litigation?
9. What are the seven steps of a Civil Case Proceeding? List and define.
10. In a civil case, discuss the - concept of burden of proof and the use of evidence in proving the case. - What types of evidence can be used?
11. Define the following:
· 1.Voir - Dire
· 2.Challenge for cause
· 3.Peremptory challenge
· 4.Ripeness and
· 5.Mootness
12. Are concerns about the impact of pretrial publicity warranted in most cases? Examine efforts to limit prejudicial pretrial publicity in this era of the 24/7 new cycle.
13. Describe what is meant by the term “jury nullification” and offer an explanation for why jurors might want to engage in such behavior.
14. What are the primary differences between trial and appellate courts?
15. What is meant by habeas corpus relief? Explain the history of habeas corpus in the United States and relate it the current situation of enemy combatants being held by the U.S. government in Cuba.
16. What are two important factors in understanding how appellate court judges make their decisions?
17. Why is Roe v. Wade (1973) a useful decision for considering the scope of the Supreme Court’s political power?
18. What are two reasons why a Supreme Court justice might be reluctant to vote to consider a case?
19. Explain the rule of four and why it is important in considering which cases the Supreme Court places on its docket.
20. Describe the Supreme Court’s workload.
...
InstructionsIntegral to this course will be the ability to read,.docxJeniceStuckeyoo
Instructions
Integral to this course will be the ability to read, understand, brief, and discuss the cases of the Supreme Court of the United States (SCOTUS). The following information, "How to Brief Case Law,” discusses how to master these tasks. This information will be referenced and used throughout the course, including in the unit assessments.
The official site of the Supreme Court of the United States (SCOTUS) is a useful and beneficial tool. Some cases even provide the ability to listen to the oral arguments. This site could be used to supplement any additional information the student might need.
Note: There are numerous sites on the internet that provide case briefs. If any student case briefs are copied, there will be an automatic score of zero for the respective unit.
How to Brief Case Law
A court uses the following components in case law. You should use these components when you brief, or summarize, case law. Each component is detailed below:
1) Proper and full legal citation
2) Procedural history
3) Facts
4) Issue(s)
5) Holding, including vote
6) Rule(s) of law, Legal principle that was used/created
7) Rationale reasoning/analysis use by court
8) Significance—What do we have now, that we did not have before this case?
Case Brief Explanation
Proper and full legal citation
List the title of the case and the case’s legal reference according to APA standards.
Example:
Miranda v. Arizona
, 384 U.S. 436 (1966)
Procedural history
Typically, there is a section that covers the judicial history, that is a very short summary of what happened at each preceding stage: trial court of XX found the defendant guilty (as described in the “Facts” section), (party name) appealed based upon (specify legal issue), and the appellate court affirmed or reversed, it was then appealed to the (State) Supreme Court which reversed or affirmed, and based upon the Constitutional issues of 1,2,3, (these are enumerated in the “issues” section) the case was appealed to the (name the federal court), that affirmed or reversed, and then (party name) appealed to the USSC on the grounds of (very specific constitutional grounds); the court granted certiorari (agreed to hear the case on this specific basis).
Facts of the case
Facts of the case should be the ABSOLUTE fewest words possible to convey the legally relevant issues. No details are needed unless they are specifically related to the particular legal challenge bringing us to the United States Supreme Court (USSC). It takes discipline and practice to keep this to a few lines while still capturing the essentials. This section ends with a conviction and provides a segue to the next section.
Issues
Issues are answered using yes or no question(s) that identify the larger constitutional question that will be considered by the USSC and is typically quite specific in terms of a legal issue, but not necessarily specific to the set of facts in this case. It is possible that a sing.
Two assignments1. Watch the documentary Inside Job”, narrated b.docxwillcoxjanay
Two assignments
1. Watch the documentary “Inside Job”, narrated by Matt Daemon.
2. For each paper, must include two part, (a) write (roughly) one double-spaced page demonstrating a non-superficial understanding of an issue raised in the documentary, and (b) Write (roughly) one double-spaced page demonstrating a non-superficial understanding of how one of the readings from the course applies to the issue you discuss in part (a).
Each of the two must involve a different issue raised by the documentary, YOU NEED TO RAISE ANOTHER TWO ISSUES NOT THE TWO ISSUES YOU USED IN LAST TIME.
Each of the two must discuss a different reading from the following list:
First paper relates to “Decision Fatigue” and Ariely chapter 4 discussion.
Second paper relates to Ariely chapter 8 discussion.
Notes for Chapter 4 & 8:
Chapter 4: Why We Blow It When We Are Tired
Stressful days make us eat less healthy food
Cognitive load even if minimal makes us more liable to temptation
The tired brain
When deliberative brain occupied then instinctive part takes over
When judges get tired
Judges grant parole more frequently first thing in morning and right after lunch break
Willful cognitive work and denial of instincts lowers barriers to cheating in other parts of life
Months of studying causes students to lower morals and claim dead grandmothers before finals
Don't shop for groceries when tired or hungry
Give in to some known temptations like dessert to avoid bigger unknown temptations later
Do most challenging tasks in morning
Remove temptations or don't go to places where see them
Chapter 8: Cheating as an Infection
Spread of corporate dishonesty like infection
Observing dishonesty in ppl close to u makes u do it more
When do something questionable, the act of inviting our friends to join in makes us feel better because socially acceptable
Dishonesty defined by social norms not cost benefit analysis
When observer from outside group cheats then the signaling effect breaks
Wrong to view minor infractions as trivial because signal and then snowball
Broken windows theory: fix problems when they r small
Publicize the individuals stand up against Crime
Publicize outstanding moral acts
Research Paper
Each student will submit an eight- to ten-page paper (exclusive of title and reference page) on a topic from the list below. The student should be creative in choosing a topic that peaks their interest and can be sufficiently supported with research, data, and substantiated theory or application and allows them to illustrate their critical thinking and writing skills developed throughout the course.
· Problem-Oriented Policing
· Leadership Effectiveness in Community Policing
· Maximizing Law Enforcement Operation Effectiveness
· Building Community Support for Policing Efforts
· Community Policing Models
· Leadership Dilemmas Encountered in Community Policing
· The Effectiveness of Community Policing
· Organizational Development to Enhance Community Policing
· Budget C ...
Is Terminationthe Only ResponseBy Ronal Serpas, Superintend.docxchristiandean12115
Is Termination
the Only Response?
By Ronal Serpas, Superintendent, New Orleans,
Louisiana, Police Department; and Michael Hagar,
Captain, Metropolitan Nashville, Tennessee,
Police Department
Over the decades, law enforcement leaders have been under
increasing pressure to answer the question, “What do I do
with a law enforcement employee who has been proven to
be untruthful in the workplace?”
Many departments have been confronted with significant and farreaching
court decisions that play prominent roles in this decisionmaking
process, as well as vigorous debates and lengthy court
battles with labor organizations around the issue of truthfulness
expectations in policy and disciplinary actions.
The U.S. Department of Justice has issued far-reaching
instructions on the conduct of federal law enforcement cases that
may involve local and state police employees who have histories
of being untruthful in the workplace. There have been articles
published in Police Chief magazine and other publications discussing
this issue. In light of these critical and evolving issues,
a recent decision from the Tennessee Court of Appeals analyzing
the procedures and practices of the Metropolitan Nashville
Police Department (MNPD), in Davidson County, Tennessee, can
be instructive.
Editor’s Note: When this article was originally written, Ronal Serpas
was the chief of police for Metropolitan Nashville, Tennessee.
Between writing the article and its publication date, Serpas
accepted a new position as Superintendent of Police for the City
of New Orleans.
For the past seven years, the magazine has published articles
building on the knowledge base of this issue. Other articles
published by the Police Chief on the subject include “Brady
Is Middle-Aged—but Is Compliance in Its Infancy for Some
Agencies?” by Julie Risher (June 2008); “Should Police Officers
Who Lie Be Terminated as a Matter of Public Policy?” by Elliot
Spector, (April 2008); “Disclosing Officer Untruthfulness to the
Defense: Is a Liars Squad Coming to Your Town?” by Lisa A. Judge
(November 2005); and “Police Officer Truthfulness and the Brady
Decision,” by Jeff Noble (October 2003). This article adds to the
body of knowledge of addressing employee untruthfulness.
MEMO
RANDUM
TO: Dr. Bruce Gay
FROM: Vibert Jacob
DATE: 7 February 2017
SUBJECT
: Witness Credibility and Prosecutor Obligation
Evidence is the cornerstone of the justice system. Be that as it may, there are instances where
prosecutors have been accused of withholding of such evidence. There are instance where the credibility of a witnessed can be undermined by the evidence presented to court. In such instances, it is the responsibility of the person pursuing the case to reveal such evidence. This memorandum will highlight several instances that reveal the need for the prosecutor to disclose any evidence that might undermine the credibility of a crucial witness to a case.
Brady vs. Maryland
One of the most notable cases that highlight the i.
This document outlines an agenda for a class on criminal procedures and introduces a mock trial exercise. It includes an overview of criminal procedures, roles in the criminal justice system, and steps in the criminal process like investigation, arrest, bail, preliminary hearings, trials, and sentencing. It then provides details and instructions for two mock trial cases involving charges of murder or manslaughter in the death of babies or adults. Students are assigned roles and tasks to prepare opening and closing statements and examine witnesses for the mock trial.
The document discusses induction reasoning, which involves making broad generalizations based on specific observations. It notes that induction relies on the assumption that what has happened in the past will continue in the future. However, this is problematic because there is no guarantee the future will resemble the past. For example, while the sun has risen every day in our past experience, there is no certainty it will continue to do so. The problem with induction is that it is an unreliable form of reasoning as generalizations made may not hold true.
This document summarizes several models of appellate court decision making:
- The legal model focuses on text, precedent and original intent to explain rulings.
- The attitudinal model asserts judges rule based on personal policy preferences rather than law alone. It is supported by data showing justices' differing rates of liberal voting.
- Separation of powers and institutional models argue external factors like other branches influence rulings, to maintain power and achieve preferred outcomes.
- Role theory examines how justices view their proper behavior and the court's role.
The Supreme Court process is also outlined, from oral arguments to assigning and drafting opinions.
The Fictional World of Criminal Investigative AnalysisI CHOICE Jmosyrettcc
The Fictional World of Criminal Investigative Analysis
I CHOICE JAMeS Bond
Sherlock Holmes and other fictional characters can draw a considerable amount of information from even the slightest crime scene evidence. They can infer detailed characteristics of the offender and can reach conclusions with a great degree of certainty; and, of course, they always seem to solve the crimes they are investigating.
In this Discussion, you select a fictional sleuth, investigate his or her methods for solving crimes, and compare those methods to those currently used in the role of criminal investigator.
To prepare for this Discussion:
Select a fictional character who investigates criminal behavior or crimes (example: Sherlock Holmes, Harry Bosch, Kay Scarpetta, Philip Marlowe, James Bond, Jack Reacher, Alex Cross, Travis McGee, Jane Rizzoli, or
Lucas Davenport).
Describe the fictional crime investigator you selected. Explain a few of his/her methods or signature investigative traits. Compare how these methods may or may not match your perspective of the process and purpose of criminal investigative analysis. Explain what you think modern criminal investigators and criminal profilers should be able to do.
Grading criteria
Excellent
excelent
Main Discussion Posting Content
Points Range:
27 (54%) - 30 (60%)
Discussion posting demonstrates an
excellent
understanding of all of the concepts and key points presented in the text/s and Learning Resources. Posting provides significant detail including multiple relevant examples, evidence from the readings and other scholarly sources, and discerning ideas.
Reply Post & Peer Interaction
Points Range:
9 (18%) - 10 (20%)
Student interacts
frequently
with peers. The feedback postings and responses to questions are excellent and fully contribute to the quality of interaction by offering constructive critique, suggestions, in-depth questions, use of scholarly, empirical resources, and stimulating thoughts and/or probes.
Writing
Points Range:
9 (18%) - 10 (20%)
Postings are
well
organized, use scholarly tone, contain original writing and proper paraphrasing, follow APA style, contain very few or no writing and/or spelling errors, and are
fully
consistent with graduate-level writing style.
Reading Matirali
Bartol, C. R. & Bartol, A. M. (2010).
Criminal & behavioral profiling
. Thousand Oaks, CA: Sage.
Chapter 1, “Introduction” (pp. 1–20)
Turvey, B. E. (2012).
Criminal profiling: An introduction to behavioral evidence analysis
(4th ed.). San Diego, CA: Academic Press.
Chapter 1, “A History of Criminal Profiling” (pp. 3–39)
Chapter 2, “Criminal Profiling: Science, Logic, and Cognition” (pp. 41–66)
Inside the mind of the mind hunter: an interview with legendary FBI agent John Douglas
Source:
The Forensic Examiner. Spring, 2007, Vol. 16 Issue 1, p10, 4 p.
Publisher Information:
KSA Media, LLC
Publication Year:
2007
Subject Terms:
Detectives -- Intervi ...
MBA535 Case Brief Guidelines and Rubric How and Why to Brie.docxARIV4
MBA535: Case Brief Guidelines and Rubric
How and Why to Brief a Law Case
Purpose
The purpose of reading in the practice of law is different from the purpose of reading in many
other disciplines. In law, you read not just to familiarize yourself with someone else’s ideas but
to be able to use the information to answer a question. This requires understanding judicial
opinions in depth and being able to use the information in a number of cases to formulate an
answer to a new question. Therefore, passively reading cases is not sufficient; you must
deconstruct the opinion into its component parts and state those components in your own words
and in an easily accessible format. Then the information is at hand for you to apply to a new set
of facts.
Briefing a case requires you to put the material into your own words. To do this, you have to
understand it. Underlining text does not require you to understand it. Moreover, briefing a case
reduces the volume of material so you can find what you need. Underlining does not accomplish
this goal either.
Assignment
You will complete two Case Briefs as follows and submit each to the Dropbox no later than
Sunday 11:59 PM EST/EDT of the module in which it is due. (Each Dropbox basket is linked to
Turnitin.)
Details for each Case Brief are located within Modules 4 and 8.
Instructions
Every lawyer briefs cases differently. A case brief generally consists of a series of topic
headings with the specific information from the case under each heading. Most case briefs
contain similar information but the headings and their sequence may be different. Some
professors have a preferred briefing format. You are only required to follow the general format
as set forth below.
The following is adapted from A Practical Guide to Legal Writing and Legal Method (Dernbach,
et al., 2007).
1. Case name: Include the full citation, including the date of the opinion, for future
reference and citation. An example would be as follows: State v. Holloran, 140 NH 563
(1995). Refer to Bluebook to determine the correct name for the case.
2. Pincites: Include pinpoint cites (cites to a particular page in the case) throughout the
case brief so you can find material again quickly within a case.
3. Procedural History: What happened to the case before it arrived in this court? If it is an
appellate case, list the decisions made by the lower court(s) and note what decision is
being reviewed (e.g., jury verdict, summary judgment). You may need to look up
procedural phrases with which you are unfamiliar.
4. Facts: Include only the facts that were relevant to the court’s decision. You are unlikely
to know what these are until you have read the entire opinion. Many cases may include
procedural facts that are relevant to the decision in addition to the facts that happened
before litigation.
5. Issue: The particular question the court had to decide in this case. It usually includes
specific facts ...
Holden expresses disdain for Ossenburger, the man his dorm wing is named after. Ossenburger made money in the undertaking business by starting cheap funeral parlors. Holden implies Ossenburger provides poor quality burials for little money. While Ossenburger donated money to the school, Holden resents having to cheer for him at a football game and having his dorm named after a man he sees as uncaring about proper burials.
The document provides guidance on answering Question 3, which involves note taking and summary writing. It advises students to focus on the key information asked for in the question, write concisely using bullet points, and limit the summary to 200-250 words using their own words. Students are encouraged to group similar ideas together and use discourse markers to link their points. Time management tips suggest dividing work into sections based on the average number of words per line. The purpose is to help students understand what is expected for the question and how to structure their response.
This document contains guidance and instructions for students taking an IGCSE Reading exam. It begins with a dictionary exercise for students to define vocabulary words. It then provides advice on how to answer Question 1 of the exam, which involves transforming a text into an interview. Students are instructed to address all points equally, make reasonable inferences, and use their own words as much as possible. Sample conventions and structures for writing an interview are also outlined. The document concludes by providing the interview prompt for students to attempt, with guidance on criteria for a successful response.
Reporter: Mrs. Grylls, your son Bear seems to have a real passion for adventure. What kinds of adventures has he been involved in?
Mrs. Grylls responds that Bear has climbed Mount Everest and other challenging peaks from a young age. She notes that he is very determined and focused on conquering difficult tasks. While his adventures concern her at times, she has always known Bear to be drawn to challenges in nature.
The reporter then asks what Bear is like as a person. Mrs. Grylls says he has always had an adventurous spirit and was always climbing trees or walls as a boy. Though
The document provides guidance on how to write a summary in response to exam questions. It advises students to:
- Focus on only the information asked for in the question.
- Group similar ideas together and write them up using their own words, linking ideas with discourse markers.
- Aim to include 15-17 points total across two summaries, divided roughly equally.
- Spend 10 minutes summarizing each passage and 25 minutes writing the summaries.
It then provides an example of how to analyze a passage to identify key points, organize them into themes, and write a summary paragraph in their own words using synonyms and linking ideas.
This document provides guidance for students taking an iGCSE English Language mock exam. It outlines the structure and requirements of the different exam questions. For question two, students will analyze the language and style used in two selected paragraphs to understand the effect on the reader. They are instructed to select four quotes or phrases from each paragraph, explain the impact of the language, and analyze the techniques used by the author. Examples of potential responses are provided, with guidance on writing in a way that effectively addresses the assessment criteria. Teachers provide self-assessment questions and offer peer support to help students improve their exam skills.
The document provides a series of quiz questions testing iGCSE exam skills. The questions cover choosing the right words from passages, making reasonable inferences from pictures, defining vocabulary words, identifying facts about freediving, and matching conventions to genres. The quiz aims to prepare students for the range of question types they may encounter on iGCSE exams.
iGCSE Jan Mock Prep Lesson [Question 2 Extended]Miss Hart
The document provides guidance to students on analyzing the effects that word choices create in a paragraph. It instructs students to:
1) Identify 4 powerful words or phrases from a sample paragraph
2) Note what each word or phrase makes them think of to understand the connotations
3) Explain the effect that each word or phrase creates by discussing its connotations and associations
4) Conclude with a statement about the overall effect of the paragraph based on the language choices
The document uses examples and prompts students to practice this analysis to demonstrate understanding of how an author's word choices can create different effects.
This document provides guidance and examples for students creating their own exam questions and mark schemes based on a provided text extract. It includes:
- Instructions for students to create their own questions 1 and 2 using their understanding of the text.
- An example of question 1 on empathetic writing, including guidance to produce a mark scheme with expected content.
- An analysis of language from the provided text extract as an example for answering question 2.
- Further instructions and examples for completing the exam paper creation task, including finding a linked external text for question 3.
The document provides guidance and feedback on student evaluations. It discusses looking at comments on essays to see what students have done well and could improve. Students must pick one thing to improve for their next essay. If they receive a P grade on an essay or test, they will have to rewrite it. Their progress relates to their ALPS score, which can be green (above), amber (on target), or red (below). The document directs students to complete certain sections and ask questions if unsure.
This document discusses criminal attempts and the law around liability for attempts. It addresses the key issues and debates around the current test for what constitutes an attempt under the Criminal Attempts Act 1981. Specifically, it examines the "more than merely preparatory" phrase and how courts have interpreted it inconsistently in different cases, leading to uncertainty. It also compares the old common law tests for an attempt that existed prior to the Act and discusses whether they were any clearer or more appropriate than the current statutory test. The document aims to analyze the problems and limitations with the current approach to criminal attempts in order to fully understand this area of law.
The document discusses the legal concept of mens rea, or guilty mind, which is required for criminal liability. It covers several key aspects of mens rea, including:
- Intention, which can be direct (foreseeing and intending the consequences) or oblique (intending one consequence but foreseeing and being liable for another).
- The development of the test for determining oblique intent and liability for unintended consequences over several cases, culminating in the "virtual certainty" test in R v Woollin.
- Types of mens rea like intention and how scenarios can illustrate direct versus oblique intent.
Damian pulled a knife on Juan during an argument. Juan ran into the road in fear and knocked over Brenda on a bike, causing minor injuries to Juan and ultimately leading to Brenda's death after being hit by a car due to a thin skull. Juan refused medical treatment for his cut which became infected with gangrene. A doctor's error during an amputation to treat the infection caused Juan's death.
The statements evaluate Damian's liability for the harms to Juan and Brenda at different points in the causal chain. Statement A argues Damian is not liable for Juan's bruising, while Statement B argues he is not liable for Brenda's death due to her thin skull. Statement C argues the
The document provides an overview of key concepts in the criminal law topic of actus reus and omissions. It discusses the general rules for establishing criminal liability, which require both an actus reus (guilty act) and mens rea (guilty mind). It examines different types of acts that can satisfy the actus reus requirement, such as acts, omissions, consequences or results. It also explores the concept of omissions in criminal liability and how liability can arise from a failure to act in certain situations where there is a duty of care. The document uses cases like Donoghue v Stevenson and Airedale NHS Trust v Bland to illustrate these legal principles and provides examples, questions, and tasks
This document provides instructions for students to complete an assignment on the law of causation in tort law. It begins by asking students to plan their response to the question "The approach of the courts to the issues of causation is unfair to the defendant" and whether this is a correct statement of the law. Students are given two hours the following day to complete a 50-mark essay responding to this question. They are instructed to use case examples and details from their notes and planning sheet to support their answer. Feedback is also provided on previous student responses, highlighting areas of strong performance and areas for improvement in demonstrating knowledge of cases, identifying issues, and critically discussing the case law. Students are asked to identify a target for improvement in their
Here are potential links between the pictures and the topic of precedent in law:
Picture 1 (scales of justice): The scales of justice represent fairness and balance, which is what courts aim for when applying and following precedent - treating similar cases similarly. Precedent aims to promote consistency and predictability in the law.
Picture 2 (books): Law reports and law books contain published judgments from past cases that set precedents. Lawyers and judges research these sources to find binding and persuasive precedents to apply to current cases.
Picture 3 (gavel): The gavel is a symbol of a judge's authority in a courtroom. When a higher court overrules a lower court's decision, it is exercising its hierarchical authority established by
Duress can be a defense to most crimes, but not murder or attempted murder. There are three tests for duress: 1) D reasonably feared death or serious injury from a threat; 2) A sober, reasonable person would have acted the same way; 3) The threat was imminent. The threat must be against D or someone they are responsible for, like family. Self-induced duress is not a defense if D knew they could be threatened. Duress of circumstances also considers if D had no reasonable choice due to external factors beyond their control.
The document discusses the key elements of involuntary manslaughter, including gross negligence and constructive act manslaughter. It provides examples of cases and asks questions to test the reader's understanding of distinguishing between constructive acts, gross negligence, duties of care, breaches that cause death, and what constitutes grossly negligent actions. It aims to consolidate knowledge of this area of criminal law.
The document provides an overview of the law on loss of control as a partial defence to murder. It discusses the issues with the old law on provocation and how the Coroners and Justice Act 2009 aimed to address these. It examines the elements of the new defence, including the requirement for a loss of self-control, and the two qualifying triggers of fear of serious violence or circumstances of an extremely grave character that caused a justifiable sense of being seriously wronged. The document applies these legal principles through examples and evaluates whether the new law has adequately reformed the issues with the previous defence of provocation.
The document provides information and discussion questions about the defense of diminished responsibility in English criminal law. There are four key elements to the defense that must be proven: 1) abnormality of mental functioning, 2) recognized medical condition causing the abnormality, 3) substantial impairment, and 4) the abnormality must provide an explanation for the killing. The document examines cases that have helped define these elements and discusses debates around topics like the burden of proof, the role of intoxication, and proposed reforms to the defense. Students are prompted to consider application of the law to hypothetical scenarios and to critically analyze statements related to diminished responsibility.
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Synoptic revision booklet 2012
1. 2012 Synoptic Paper
Attempts
Synoptic Paper Revision
Guide
2012
Attempts
Basic Set Up of the Exam
Time: 1 ½ hours
Question Synopsis of one of the eight cases in the booklet What did it decide?
One: How far does this confirm existing law?
How far has the law developed since?
Link to at least one other case and the
sources!
Question One essay based on a quote from one of the sources, critically Put the quote into context
Two evaluating that area of the law Define and evaluate the development of
the area.
Law reform
Save this question for last! Produce a balanced argument.
Link to sources!
Question Three problem questions which require application of the law Locate the definitions in the sources
Three: to the scenario, explanation and conclusion. 3 critical points in each problem and a
relevant case
Conclude
2. 2012 Synoptic Paper
Attempts
Speed Test (1) Speed Test (2)
Identify the sources and line numbers of the following Identify the sources and line numbers of the following
1. Where will you find the definition of attempts? 1. Where will you find the definition common law on attempting to do the
impossible?
2. Which source[s] talk about the problems of mens rea and attempted murder?
2. Identify two sources which discuss the meaning of ‘more than merely
preparatory’?
3. Where will you find reference to the literal rule?
3. Which sources discusses reform to the current law on attempts?
4. Identify two problems with the current law on attempting the impossible ,
using the sources.
4. Where will you fine the facts of Jones?
5. Where will you find reference to the role of the judge in attempts?
5. Where will you find the reason for criminalising attempts?
6. Name one case from the sources which overrules an earlier precedent
6. Where will you find reference to the role of the jury in attempts?
7. Name one case which follows an earlier precedent.
7. Name one case from the sources which reverses the decision of the lower
court.
8. Which source discusses the problem of recklessness and attempts?
8. Which two sources mention the case of Guellfer?
9. Which source*s+ discuss the problem of ‘preparatory acts’?
9. Where will you find the facts of Whybrow?
10. Identify two problems with the current law on attempts.
10. Where will you find the problem of oblique intention in attempts discussed?
3. 2012 Synoptic Paper
Attempts
Essential Cases
For each of the cases below, write in the facts, ratio and area (AR, MR or Impossibility)
Then, highlight the current cases only (so you are clear on what’s good law now!)
Case Facts Ratio Area? Case Facts Ratio Area?
1. Campbell 15. Boyle & Boyle
2. Guellfer 16. Eagleton
3. Geddes 17. Robinson
4. Jones (Kenneth) 18. Stonehouse
5. Whybrow 19. Husseyn
6. Mohan 20. Davey v Lee
7. AG’s Ref No. 3 of 21. Jones (2007)
1992
4. 2012 Synoptic Paper
Attempts
Case Facts Ratio Area? Case Facts Ratio Case
8. Shivpuri 22. Dagnall
9. White 23. Anderton v Ryan
10. Tosti 24.Bowles & Bowles
11. Walker & Hayes 25. AG’s Ref No 1&2 of
1979
12. Haughton v Smith 26. Khan
13. Mason v DPP 27. Crowley &
Llewellyn
14. Taafe 28. AG’s Ref No.1 of
1992
5. 2012 Synoptic Paper
Attempts
Summaries of Sources
Source 1: Extract adapted from Criminal Law. Catherine Elliott and Frances
Quinn 7th Edition 2008
This source comes from a text book and introduces the reasons behind the
criminalisation of an attempts – explaining that the person who tries to do
something and fails is just as morally liable as the successful criminal. It also contains
the definition of an attempt and introduces the role of the judge and jury in the
case. Finally, it begins to look at eh phrase ‘more than merely preparatory’ and
points out that it is difficult to find the line between a preparatory action and an
attempt It also introduces the key cases of Campbell, Geddes and Gullefer and points
out that the decision in Campbell is surprising and that the courts have not always
been consistent in their use of the test.
Source 2: Extract Adapted from the judgement of Bingham CJ in Geddes [1996] 160 JP 697
This source comes from the Court of Appeal and focuses on the meaning of the
words ‘more than merely preparatory’. Lord Bingham argues that the actions of
D were not MTMP but merely getting ready and so not enough under the Act.
He also refers to suppressed evidence at the trial [Nicola Green], which may
have been enough to prompt a finding of MTM,P and makes it clear than an
attempt will rely on the particular facts of a case (no general rule). He points out
that the reason for the appeal is the judge’s ruling that there was evidence that
D had done an act which was MTMP, and disagrees with this, reversing the
previous decision.
Source 3: Extract adapted from the judgment of Taylor LJ in Jones (Kenneth)
[1990] 3 All ER 886
This judgement from the Court of Appeal focuses on the meaning of more than
merely preparatory, and how the phrase should be interpreted. Lord Taylor makes it
clear that the literal rule is to be used in interpreting the words, and approving the
earlier instruction of Lord Lane in Gullefer. Again, the court confirms that when an
attempt will begin will depend on the facts of the case, and make it clear that many
of D’s actions here were preparatory. It is only by getting in the car and pulling out
the gun that he becomes liable for the attempted murder.
6. 2012 Synoptic Paper
Attempts
Source 4: Extract adapted from the judgement of Hilbery LCJ in Whybrow (Arthur
George) (1951) Cr. App. R. 141 (CA).
This judgment from the Court of Appeal concerns the crime of attempted murder, and
what the mens rea should be. Lord Hilbery compares the full and attempted offences,
explaining that in the attempt, it is the mens rea which is the principle ingredient and so
that is why it requires the higher mens rea (intention to kill only) than the full offence. He
also comments that this may make the law illogical as the attempt is treated as more evil
than the successful killing.
Source 5: Extract adapted from Criminal Law, Alan Reed and Ben Fitzpatrick , 3rd Edition 2006
This source focuses on the problem of mens rea and attempts. It proposes that the law
should change so that the mens rea for the partial offence and the mens rea for the full
offence are the same. Despite arguing this, it does acknowledge that this would still
lead to oddities, such as someone who only intended GBH being charged with
attempted murder. After confirming the approach of the courts to attempted murder,
the authors also go on to discuss how the courts have interpreted the meaning of the
word ‘intention’ to include not just direct, but oblique and even recklessness. They
imply that the courts have consistently refused to take one clear approach and instead
continued to find ways round the words of the Act, concluding that changing the mens
rea to that of the full offence would be a simpler, fairer alternative.
Source 6: Extract adapted from Criminal Law Michael Jefferson 9th Edition 2009
This source focuses on attempts to do the impossible. The author begins by summarising the
old common law approach and the problem with it – that D still has a clear intent to break
the law. It also contains the definition for attempting to do the impossible (lines 9-10). The
author points out that the use of the words ‘may be’ in the statute allows the prosecution to
not press charges in certain situations. He goes on to discuss the case of Shivpuri and point
out that the decision reflects the supremacy of Parliament and the need for the courts to
follow what Parliament says. He also points out one major problem: that the current
approach means that you can be found guilty of attempting to steal your own property,
where the full offence (the theft of your own property) would be impossible to complete and
argues that just trusting the CPS not to prosecute is not enough.
7. 2012 Synoptic Paper
Attempts
What Could Show Up & How to Answer
All of this is in addition to the information we covered at the start of this term on the powerpoint!
Question One:
This is assessed for AO2 and worth 12 marks (+4 AO3 marks). This means that you should spend about 15 minutes on
it. This will be based on one of the cases mentioned in the sources, and ask you to consider how it develops the law.
There is a lot of detail on them in the sources
This means you will need to know what each case in the sources decides, and another case to show how it extends
the law on the specified area and/ or where it comes from (involuntary manslaughter)
These cases are:
R v Campbell (1991) R v Whybrow (Arthur George) (1951)
R v Guellefer [1990] R v Mohan [1976]
R v Geddes [1996] Attorney-General’s Reference (No 3 of 1992)
R v Jones (Kenneth) [1990] [1994]
R v Shivpuri [1987]
It is focusing on precedent really (and thus bringing in part of AS Law). It will ask you to consider “the ways which...”
or the “extent to which...” or “evaluate the fairness of...”
Essentially, you need to say:
What the critical point of law from the case is (using the source)
How far it confirms the prior law
How far it changes the law (with reference to at least one other case).
Example Question
“Explain the significance to the law on attempts of the case of R v Shivpuri [source 5, line 14+”
Examiner’s Tip: Aim to explain three critical points about the case in question, and relating it to a significant
case. There aren’t any marks for describing the facts of the case alone!
Some sample Questions….
1. Briefly explain the importance of R v Gullfer to the development of the law of constructive act manslaughter
2. Examine whether the precedent in Attorney Generals’ Ref No. 2 of 1992 lead to justice or injustice.
3. Discuss the extent to which the precedent in R v Geddes represents a development in the law on attempts
4. Discuss the ways in which Campbell developed the law on attempts.
8. 2012 Synoptic Paper
Attempts
Question Two:
This is the BIG question, and is quite broad in its scope. It is worth 34 marks, which are split between AO1 and
AO2. You should aim to spend about 40 minutes on it. You will be given a quote from one of the sources, and
asked to do an extended critical comment on the area of the law. This focuses on the limits of the law, and
current developments. It should be balanced and reasoned. Really you are looking at whether the development
of the law has been reasoned and consistent, or subject to change.
This means that you need to also know the law beyond the sources
You must use the sources and should spend the first 5-10 minutes of answering to annotate the sources, and
pick out relevant points. You need to understand exactly what each source is arguing – do they agree? Do they
disagree? What precisely is their argument and how far does this fit with the current approach of the law. You
don’t need to write them out, just refer to the source number and the line number e.g. source X, line XX.
(Vague mentions of the source will attract no marks!)
You should treat this as a 50 mark question.
It will be a question on attempts, and will use a quotation from one of the sources as a start. You should start
your response by putting this quote into context: what is the source arguing? Why are they arguing it?
You will need to look at what the law under the Criminal Attempts Act 1981 is, and the difficulties that the
judges have had in clarifying and interpreting this law.
You will need to use a range of quotes from the source, and add your own knowledge to the 8 cases in the
source (in other words look to use about 15+ cases)
Example Question
In Source One, lines 1-2 the author states that “the criminal law does not punish people just for intending to
commit a crime...”
Discuss how accurately the statement above reflects the interpretation of the law on attempts by the courts
[34]
Examiner’s Tip: Focus on balance and reason in your answer, and make sure to identify the point of the
question in your introduction
9. 2012 Synoptic Paper
Attempts
Potential Question Two Titles:
Discuss the argument that with relation to attempts ““the intent becomes the principal ingredient of the crime”
[Source 5, line 16]
“The criminal law … recognises that conduct aimed at committing an offence may be just as blameworthy if it fails to
achieve its purpose as if it had been successful.” *Source 1, Lines 1-3]
Discuss how far this statement accurately reflects the approach of the courts to the law on attempts.
“The difficulty for the law on attempts is to determine where to draw the line – how far does someone have to go
towards committing an offence before his or her acts become criminal?” Source 1, lines 6-8
Analyse the extent to which this statement accurately reflects the development of the law on attempts
“It may be said that the law, which is not always logical, is somewhat illogical [in its approach in Attempts].” *Source
4 lines 16-17]
Discuss how far this statement reflects recent development in the law on attempts
In Source 5 the authors argue that “if you say that someone is attempting to bring about a result you are saying that
he intends to achieve that result.”[Source 5, Line 8-9]
Analyse the extent to which this reflects the development of the law on attempts.
The Court of Appeal had another chance to review this area of law ... and appeared to find yet another way to
identify the
mens rea in attempted crime.” [Source 5, lines 31-33]
Evaluate how accurately this statement reflects the development of attempts by the courts
“Whether one should be guilty [of an attempt] is a matter of policy, and should not be left to the discretion of the
prosecution…” *Source 6, lines 23-4]
Discuss how accurately the above statement reflects how judges have developed the law on attempts.
10. 2012 Synoptic Paper
Attempts
Question 3
This will consist of three short problem questions to which you need to identify the relevant aspects of law,
and then apply it to the situation. They are very straightforward! It should take you about 30 minutes to
answer. They are worth 30 marks and this is divided up into 10 marks for AO1 and 20 for AO2
Essentially, they are an extended version of the section C questions on G153
Remember that most of the relevant definitions will be the sources
Example Question
Discuss whether a conviction for attempts would be possible in each of the following situations:
Greg and Hans are found in the garden of a house with masks, a torch and screwdrivers in their pockets. They
admit they intended to burgle the house. Unfortunately, unknown to them, the house had been knocked down
three days ago.
Amir knows his girlfriend has been going out with Blake. Amir plans to disfigure Blake. He buys some acid
which he intends to throw in Blake’s face and then drives to Blake’s house. As he is about to get out of the car,
he sees a police car nearby. Amir immediately drives off.
Connor puts some poison in Donna’s drink, intending to kill her. The amount he puts in the drink is insufficient
to kill and Donna survives
Examiner’s Tip: You should be able to identify at least three points of application plus a case for each
high for marks.
e.g. D may be liable for an attempt because by poisoning the drink he is doing an act
which is more than merely preparatory as in case
Section Three Questions
Discuss whether a conviction for attempts is possible in each of the following situations:
(a) James thinks that Lewis, a police officer, is out to get him. As a result he decides to try and ‘get’ Lewis first. He
confronts him and swings at him, trying to stab him in the chest. He misses. Unknown to James, Lewis is wearing
a stab-proof vest. [10]
(b) Sarah picks up Louise’s bag intending to steal her purse. However, Louise has taken it out and there is only a
diamond necklace in there. Sarah puts the bag back. She is charged with attempted theft.
(c) Brian wants to burgle the Christmas’ to ensure he has enough presents for his family. He has a lock pick and a
hammer on him. PC Steve, who is walking past the house, sees Brian bent over looking at the lock and arrests
Brian for attempted burglary.
11. 2012 Synoptic Paper
Attempts
Discuss whether a conviction for attempts is possible in each of the following situations:
(a) Dave wants to kill Louise and. He creeps up behind her and takes his hands out of his pockets intending to
strangle her, when Simon, who is suspicious, pulls his hands away before he can lift them.
(b) Dalvinder bets that his horse, Racing Diamond, will win the local race. After the race has started, he sees that his
horse has gone lame and worried about losing his £1000 bet, throws a rock at the leading horses, wanting to
confuse and startle them so they throw their jockeys and the race is abandoned. He manages to hit the leading
course, but the race continues. He is charged with attempted theft.
(c) Valentino escapes from prison. He tries to force open the door to a caravan in the hope of finding something of
value but gives up when he sees a policeman, Joe. He is charged with attempted burglary
Discuss whether a conviction for attempts is possible in each of the following situations:
(a) Meg is angry at Steven for cheating on her with her sister. She confronts him at work and fires a gun at him,
intending to scare him. She hits him in the knee. She is charged with attempted murder
(b) Bernard believes in voodoo. He is angry at Miss Hart who has set him far too much homework and decides to kill
her. He creates a voodoo doll, and sticks pins in it, believing that it will have the required effect on Miss Hart.
(c) Sebastian and James are rival shop owners who are feuding over customers. Sebastian believes that James is
stealing his customers, and fed up, wants to stop James. He decides to throw a lit brick at James’ shop, hoping
that the damage will stop him opening. He misses and it bounces off a nearby wall. Unknown to him, James is in
the shop taking inventory when he throws the brick at 6.30pm. Sebastian is charged with attempted criminal
damage endangering life.
12. 2012 Synoptic Paper
Attempts
Reforms to the Law on Attempts
Source Links: Source 5 lines 44-6; Source 6 lines 4-6
Law Commission Consultation on Attempts 2007
What did they Change to the role of the judge and the jury in attempts.
recommend? Introduction of a new alternative offence of criminal preparation
Allowing prosecution for summary offences and omissions
Why did they Some overlap and repetition in the role of the judge and jury was leading to inconsistencies (the
recommend it? judge finding there was evidence of MTMP, and the jury disagreeing).
The decision of the Court of Appeal in Geddes and Campbell was too narrow and the court too
inconsistent (compare to the decision of the court in Tosti and Dagnall), so an alternative offence
would ‘capture’ these cases.
No logical reason to have an exception for summary offences and omissions, especially as it
meant that a person who is stopped from starving their child to death cannot be charged with
attempted murder.
The changes in the role The judge will decide if there is enough evidence under which a reasonable jury would find that D
of judge and jury... did acts or omissions capable of being more than merely preparatory.
The role of the jury will then be only to decide whether D did the acts or omissions alleged, not
whether they were enough for an attempt. MTMP will become a matter of law, not of fact.
Alternative offence... D could be liable for the alternative offence of criminal preparation, which would encompass acts
linked to the final offence, but not immediately connected.
It would have the same maximum sentence as an attempt and was designed to encompass cases
such as Geddes and Campbell.
Summary Offences & Would allow prosecution for both of these, which are currently excluded under the Act. For
Omissions summary offences, the DPP would have to grant permission and the omissions exception would
apply to all offences.
The final Law Commission Report 2009
What did they Keep the law as it is, with one small exception – allow murder by omission to be prosecuted in
recommend? the future. Appears to be general consensus that the current law works appropriately.
Why did they Majority of consultees could not agree on each of the proposals. The murder by omission was the
recommend this? only one generally agreed on.
13. 2012 Synoptic Paper
Attempts
Writing a Model Answer:
Explain the significance of R v Campbell [source 1, lines 22-26] to the development of the law on attempts.
AO2
STRUCTURE:
1. INTRODUCTION:
Identify the area of law, and the importance of The Court of Appeal allowed D’s appeal quashing his conviction
the case (what was decided and why) for attempted robbery as it alleged that an attempt had yet to be
committed [source 1, lines 23-4] as he had yet to enter the post
office, and so his acts were not more than merely preparatory,
which was the required test under the Criminal Attempts Act
1981 s.1. They confirmed that this was the right test, and the
prior tests e.g. Proximity were not necessary. The trial judge had
referred to these tests, and so D’s conviction was quashed.
2. SECTION ONE
How does the decision link to the preceeding This conclusion may be unfair to the police, who believed that D
law? was about to commit a robbery and would seem to hamper their
How far does/ did it confirm the existing law? powers to protect the public. However, it is consistent with the
court’s approach in R v Guellfer which said that the starting point
must be the words of the act, and whether D had embarked on
the crime proper.
3. SECTION TWO
How does this decision reflect changes in the This approach to the law was followed by the Court of Appeal in R
law? v Geddes [Source 2, lines 12-14], who confirmed that D must have
Do later cases confirm it? moved from planning and preparation to execution or
implementation to have met the test under the Act. The Law
Commission had proposed a new offence of criminal preparation
which would probably have included actions such as Campbell’s
and provide a more just outcome.
4. CONCLUSION
Did it really change the law? Yes/ No and why. Campbell, therefore, is significant in that it confirms that the
judge must focus on the test under the 1981 Act, even though
Use the key words of the question. this may make the law on attempts less effective to enforce as
the police would have to wait for the defendant to actually try
and rob the post office to be liable.
14. 2012 Synoptic Paper
Attempts
Writing a model answer (2)
Discuss whether a conviction for manslaughter is possible in each of the following situations:
a) Connor puts some poison in Donna’s drink, intending to kill her. The amount he puts in the drink is insufficient to
kill and Donna survives.
According to s.1(1) Criminal Attempts Act 1981, D is guilty of an attempt if he intends
to do an Act which is more than merely preparatory (Source One, lines 10-13). By
putting the poison in the drink, Connor is clearly performing a more than preparatory
act as he has “begun to carry out the commission of the offence” (source 2, line 22).
This is similar to the case of White, where D was convicted of attempted murder for
poisoning his mother’s drink, in spite of the fact that she died of an unrelated heart
attack.
In addition, under the law as confirmed in Whybrow, where D electrocuted his wife
(Source 4, lines 1-7) the mens rea for attempted murder is the intent to kill only.
Connor clearly has the mens rea and so appears to be liable.
Although the completed offence is impossible, as the amount of poison was not
enough to kill, under s. 1(2) of the Act, Connor can still be liable “even though the facts
are such that the commission of the offence is impossible.
In conclusion, this means that Connor is likely to be liable for the attempted murder of
Donna.
a) Greg and Hans are found in the garden of a house with masks, a torch and screwdrivers in their pockets.
They admit they intended to burgle the house. Unfortunately, unknown to them, the house had been
knocked down three days ago.
b) Amir knows his girlfriend has been going out with Blake. Amir plans to disfigure Blake. He buys some acid
which he intends to throw in Blake’s face and then drives to Blake’s house. As he is about to get out of the
car, he sees a police car nearby. Amir immediately drives off.
15. 2012 Synoptic Paper
Attempts
Writing a model answer (3)
2. In Source One, lines 1-2 the author states that “the criminal law does not punish people just for intending to commit a
crime...”
Discuss how accurately the statement above reflects the interpretation of the law on attempts by the courts .
Section What do I do? AO1 AO2 Source?
Introduction Quote into
context & key
ideas
Why do we
criminalise
attempts?
Main AR
Key case and
general approach
How has this been
developed by
following cases?
Are they
consistent?
Are all offences
treated the same?
Earlier tests
Would they have
provided a better
alternative?
MR
Key case and
general approach
The problem of
attempted
murder
Oblique intent?
16. 2012 Synoptic Paper
Attempts
Other issues in
mens rea for
attempts?
Recklessness?
Conditional
intent?
Impossible:
General approach
and key case
Previous law:
How does this
relate to prior
approaches?
More recent
approaches:
Reform
What are the
problems with the
current law?
What has been
proposed? Why?
What are the
responses?
Conclusion Using the quote,
link back to
approach of the
courts
17. 2012 Synoptic Paper
Attempts
Examiner’s Report from January 2011
Please note that this is not on attempts, but does contain some very useful general notes on approaches to the
paper (the skills don’t change!)
General Comments
This was the first sitting of the Criminal Law Special Study unit under the new criminal law theme of Involuntary
Manslaughter which covers the January and June 2011 papers. Again, however, despite the general comments from
the January and June 2010 reports, and the narrower focus of the paper on a single topic, candidates would have
been expected to have tackled each question with a greater clarity and structure than was evident. In many cases,
this simply did not happen. This is particularly concerning given the following assistance available to candidates: the
reduced number of cases from the source materials from which question 1 can be taken than in pre-2010 special
study papers; the availability of AO2 in the sources for question 2 and the availability of definitions in the sources for
use in question 3. Centres and candidates are advised to read the Special Study Skills Pointer Guide, available from
the OCR website, which explains the skills and structure candidates need to know to successfully tackle the paper.
Time management continues to be a problem with candidates spending a disproportionate amount of time, in
particular, on question 1. In some extreme cases, candidates would write three or four pages (see below). This is to
the potential detriment of the other two questions, in particular question 2. As stated in previous reports,
candidates should be advised to try to work to the mark a minute guidance.
Comments on Individual Questions
Question 1*
Question 1, in its traditional style, called for an examination of a case from the source materials. Only AO2 and AO3
marks are available for this question with the emphasis on evaluation. In order to achieve high marks candidates
were required to identify the critical point arising from the judgment.
There was a range of responses and indeed some excellent answers showing full understanding of the skills required
for the question and thereby gaining maximum or near maximum marks. Again, despite previous reports explaining
this point, candidates achieving mid-ranking marks continued to lose out on the high marks by failing to address the
question itself, in this case, the issue of the cases’ ‘significance’. More alarming is, however, the traditional and
worrying trend of writing lengthy ‘essay’ type answers for this question. This may be a reflection on, for some
candidates certainly, the inability to write a thorough answer to question 2 and thus the feeling of being obliged to
write everything they know in question 1. Candidates are advised to follow the ‘mark a minute’ rule.
Two other points are worth raising with regard to this question. Firstly, the vast majority of responses were able to
provide a linked case. In some responses candidates gave as many as five or six, showing the development of law. It
is important to note that with only 12 AO2 marks available, and candidates being required to explain the key critical
point of the case, show development by linking to an appropriate case and address the key word(s) within the
question, such quantity of linked cases is unlikely to be the best use of a candidate’s time. Secondly, a large number
of candidates (whilst not always required to) used the opportunity to explain other relevant points linked to the case
to such an extent it became an answer based around the linked case(s) as opposed to the key case itself.
Question 2*
Given the breadth of this topic area and the question asked, it produced varying responses. This question required a
focus on a discussion of the difficulties in defining the area of the law and how the judges have developed, or not,
the law. The best responses were based therefore on the context of the overarching theme (role of judges, use of
precedent and the development of law). Each Source contained a wealth of useful information as well as comment
that was useful in answering the question. Most candidates were able to describe and comment on the offence.
However, there was a tendency for many candidates to simply rattle through a basic definition of the types with
mechanical evaluation. This resulted in many weak responses. Where candidates did discuss the parts of the
definitions using cases to explain or back up their answers, they did generally gain high AO1 marks. It was interesting
to note that many candidates performed better on AO2 than AO1. This seemed due to generally weak or brief
definitions and the use (or not) of cases for AO1. Generally, evaluation lacked sophistication and direction both to
the question set and the levels of assessment and consequently it became unusual to mark a candidate beyond level
3 or 4 for AO2 and for that matter AO1.
18. 2012 Synoptic Paper
Attempts
For AO1, candidates could have secured high marks by providing detailed definitions of the areas of the offence
illustrating them with the numerous cases that support the issue of definitional problems or lack of clarity. There are
eight cases in the Criminal Law Special Study Materials so candidates would be expected to consider at least eight
with an expectation to go beyond the Sources to find relevant cases to achieve the level 5 descriptor. It was pleasing
to see reference to the various law reform groups’ proposals and consequent detail. Unfortunately many scripts
went into lengthy, detailed descriptions of the proposals to the detriment of the definitions of the current law.
As has been stated in previous reports many candidates did refer back to the quotation throughout their response to
question 2 and where it was done thoughtfully it gained appropriate credit. Unfortunately, in many instances it was
merely done mechanically without real thought or development of arguments. It is worth noting that while
candidates should refer to passages from the source materials to enhance their answer little, if any, credit will be
given to the candidate who refers to either an entire source (eg see Source 5) or a large chunk (eg see Source 5 lines
2 – 26) as part of their answer.
Question 3
The application question was, in general, well answered, with many candidates who performed poorly on question 2
improving their performance here. Question 3 incorporated the customary three separate small scenarios all worth
10 marks based on three separate characters. Candidates should have found the individual questions accessible
since each concerned different situations analogous with existing case law and in consequence gave the candidate a
direction in which to pursue the most appropriate offence the character was likely to be charged with and whether a
conviction for the offence was, or was not, possible. For level 5, candidates ought to have included appropriate case
illustration in support of application and also to have focused on the critical points evident in the scenarios. Good
discussion of the issues in relation to the most appropriate offence, with a linked case(s) cited in support, together
with a correct conclusion would allow a candidate to achieve high AO1 and AO2 marks.
The questions attracted good responses, in general, with many able candidates demonstrating both thorough
knowledge and high level application skills whilst weaker scripts showed much more limited evidence of either.
Again this is a question where the candidates could have adopted a structured and indeed mechanical approach.
This would have gained candidates higher marks. Having identified appropriate offences in each scenario (the
definitions available in the source materials) it was again the level of understanding and the quality of application of
the legal principles that was the real discriminator.
An alarming trend this series was for candidates to create and discuss alternative scenarios to those in the question,
similar to obiter statements in case law.
19. 2012 Synoptic Paper
Attempts
R v Campbell Ratio Previous Precedent Following Precedent
1991 The Courts should use the R v Guellfer R v Geddes
statutory test (MTMP) not
the older tests.
It’s up to the judge to
decide if there is evidence
to allow the attempt to go
to the jury
Mason v DPP
Need vagueness in the test.
It would not be wise to lay
down hard and fast rules
D’s conviction was quashed
R v Gullefer Ratio Previous Precedent Following Precedent
1990 Lord Lane argued that the
R v Eagleton R v Campbell
words of the Act were
aimed at charting a middle
course between the two
old tests.
In looking at whether D
had done an act which is
MTMP, they should ask DPP v Stonehouse AG’s Ref 1 of 1992
whether D had embarked (1993)
on the crime proper.
D had not done more than
preparation, as he had not
tried to get his money
back.
R v Geddes Ratio Previous Precedent Following Precedent
1996 When an attempt will
begin depends on the facts R v Campbell R v Tosti
of any case.
In deciding whether D has
committed an attempt, ask
if he has moved from
planning & preparation to R v Jones
execution & R v Dagnall
implementation.
D’s conviction was quashed
R v Guellfer
as they held that no
reasonable jury could
decide an attempt has
taken place, so judge erred
20. 2012 Synoptic Paper
Attempts
R v Jones Ratio Previous Cases Following Cases
(Kenneth) S.1(1) provides a clear test
which should be followed,
R v Eagleton
R v Geddes
1990 not the previous test of last
acts
It is a codifying statute and
so the earlier tests are no R v Guellfer
longer relevant.
Mason v DPP
D’s conviction was upheld
as although he had
committed some
R v Boyle & Boyle
preparatory acts, by
getting into the car he was
attempting to murder.
R v Whybrow Ratio Previous Cases Following Cases
The mens rea for
(Arthur attempted murder is an R v Bourdon
Obiter R v Walker and Hayes
intent to kill only.
George) 1951
This is because intent is the
key element in D’s liability
for attempted murder is
the intent to kill.
Otherwise, D is only liable
R v White R v Mohan
for wounding with attempt
to do GBH. It’s not as
illogical as it seems.
Despite the error, upheld
the conviction as no
miscarriage
R v Mohan Ratio Previous Cases Following Law
1976 To prove an attempt, D
Davey v Lee R v Khan
must have a specific intent
to commit the crime
regardless of the mens rea
required by the crime.
This means a decision to
bring about, so far as it lay Whybrow
within his power, the
commission of the alleged
attempted offence.
21. 2012 Synoptic Paper
Attempts
Attorney- Ratio Previous Cases Following Cases
General’s Intent was only necessary
R v Khan Law Commission
Report 2009
Reference to the central element of
the offence, it was enough
(No 3 of 1992) that they were reckless as
to the danger to life.
Law Commission
Consultation Paper
[1994] No. 183 2007
Appeal on a point of law
following an acquittal.
R v Shivpuri Ratio
The Act created a new
Previous Law Following Law
1986 approach and D could be Haughton v Smith R v Jones
found guilty of attempting
to do the impossible.
Justified as D has done
everything in their power
to bring about the
s.1(2) & (3) Criminal
consequences.
Attempts Act 1981
In obiter, it may be Crowley & Llewellyn
possible to distinguish from Anderton v Ryan
the earlier case instead on
the grounds of mens rea.
Used the Practice
st
Statement for the 1 time
22. 2012 Synoptic Paper
Attempts
Finally, an example of an attempts essay.
This is not a full marks examples, but it does illustrate the overall approach that you should take. You
would of course need to add in links to the source!
Criminal law imposes liability on people who form the necessary mens rea for the offence but do not actually
complete the actus reus. The current definition of attempts is outlined in the Criminal Attempts Act 1981 which
states “if a person, with intent, does an act which is more than merely preparatory to the full commission of the
offence they will be guilty of attempting to commit the full offence.” The law of attempts is illustrated in the case of
White (1910). The defendant attempted to poison his mother for financial purposes. However, she died before she
took the poison of a heart attack. For public policy issues it is important that the defendant was subject to some
criminal liability because he had the guilty mind and wanted to complete the actus reus. He was found guilty of
attempted murder.
Prior to the Criminal Attempts Act 1981 the law on attempts was outlined by common law. The courts used a variety
of tests to determine when somebody was guilty of an attempt. The proximity test was used firstly in Eagleton
(1855). The Law Commission favoured this particular test and it said that the person would be guilty of an attempt if
their acts were “immediately connected” to the offence. This was illustrated in the case of Robinson (1915). The
defendant was a jeweller who insured his stock and then staged a robbery hoping to claim compensation. He was
found not guilty – his acts were not “immediately connected” with the offence eg. he had not sent the claim form
away. This result caused much controversy as he had actually intended to commit the crime but did not fully
complete the actus reus. The test was criticised for being too narrowly interpreted and for being retrospective. It
was shortly afterwards discredited. The test then became known as the “Rubicon.” This was outlined in Stonehouse
(1978) which said a person was guilty of an attempt if he had passed the point of no return and “burnt his boats.”
This test was applied in Widdowson (1986) where the defendant wanted to obtain a van on hire using a false name.
He was charged with obtaining property be deception. However, his conviction was quashed as he had not sent the
form away, he had not “burnt his boats.” This test was also considered unsatisfactory. It was allowing defendants to
escape liability even though it was clear they were attempting the offence. This was putting the public and society at
risk.
The test then became known as the “series of acts.” This was introduced by Boyle and Boyle (1986). It said the
defendant’s actions should be viewed as a series of acts where the defendant would have gone on to commit a full
offence if they had not been interrupted. This was applied in Gullefer (1990). The defendant had placed a bet on a
greyhound. Seeing it was going to lose he ran onto the track to stop the race. He was found not guilty because it was
impossible to determine when an act begins and when the merely preparatory stage ends. Instead the courts said an
attempt is “where merely preparatory ends and the defendant embarks on the crime proper.” This has discredited
the series of acts test.
The case of Campbell (1991) illustrates that criminal intentions should be punished and if they are not society is put
at risk. The defendant was going to rob a post office. The courts said this was not enough for attempted robbery – he
would only be guilty when he entered the post office and approached the counter. This case illustrates the problem
with attempts and how society can be put at risk. The police, in theory, must wait until he enters to gain a
conviction. However, this is putting the public at great risk if the defendant is allowed to continue the offence. This
may result in a death which could otherwise be prevented.
The current law on attempt is outlined in the precedents case Geddes (1996). The defendant was in a boy’s toilet
armed with a rope, a knife and a bag. He was charged with false imprisonment. However, he was found not guilty.
This created two new tests. Did the defendant move from planning and preparation to implementation and
execution? The approach was applied in Tosti (1997).
The test of “more than merely preparatory” is a very risky approach. The stage at which the defendant actually
attempts a crime is unsatisfactory from a public policy issue. It puts society at risk and if the defendant believes he
will be convicted of an attempt he may as well go on to commit the offence because they possess the same
sentence. One option would be to adopt the American sentencing system which gives the defendant half of the
sentence. This would mean society would be safer. Another possible reform would be to introduce a withdrawal
23. 2012 Synoptic Paper
Attempts
function similar to secondary parties. This would allow the defendant to withdraw from an attempt. Currently,
because they cannot withdraw they may as well commit the offence which puts society at risk. Some sectors argue
that if you have not completed the actus reus you should not be guilty of an offence. It is also difficult to impose
liability for mens rea because it can not always be discovered. Another criticism is attempting the impossible. The
case of Shivpuri (1986) allowed this but should defendants be convicted when the crime cannot be committed?
In conclusion, those who intend to commit the full offence must be subject to prosecution. If not it puts the public in
danger as in Jones (1990). However, it can be argued that if both elements of a crime are not present, a crime has
not been committed. The current law on attempts is confusing and is rigidly enforced.