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    Criminal Law and Points

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    LAW 209 FINAL EXAM MAY 18‚ 2012. PROF. URIEL INSTRUCTIONS: THIS EXAM IS DUE TO ME NO LATER THAN 11:59 PM ON MAY 22‚ 2012. THE EXAM IS OPEN BOOK‚ BUT YOU MAY NOT COLLABORATE WITH ANY OTHER STUDENT. THE CHAPTERS TESTED ARE SEVEN THROUGH 13. YOU ARE REMINDED TO INCLUDE ANY EXTRA CREDIT AT THE END OF THE EXAM. WRITE YOUR ANSWERS AS A SEPARATE DOCUMENT AND EMAIL THEM TO ME AT JURIEL@JJAY.CUNY.EDU QUESTION 1: Albert has long wanted to smoke Cuban and Nicaraguan cigars. Believing that it is illegal

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    This essay affirms that it is possible to draw a distinction; albeit not a clear one. A distinction is important in order to avoid overlooking omissions‚ which can form a basis for criminal liability; and in the doctrine of actus novus interveniens. A clear distinction is seen in the definitions of an act and omission. When the actus reus‚ and mens rea of a crime exists – an act is an action that have caused harm to a person‚ or damage to property‚ while an omission is where an action that

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    The defences of insanity‚ substantial impairment by abnormality of mind and automatism play a vital role in avoiding criminal liability. Principally‚ the defences reflect the idea that intellectually challenged individuals should not be penalised but rather treated of their mental impairment. However the outcomes of each defence have also been criticised as ‘anomalous and arbitrary’ due to conflicting legal and medical definitions. Consequently‚ support for the abolishment of these defences has

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    Criminal Law Study Notes

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    CRIMINAL LAW A Criminal Law Introduction p: 2 Role of Criminal Law p: 4 Elements of a Crime p: 4 Strict and Absolute liability p: 5 Negligence Murder p: 6 Murder – different statutory approaches p: 6-8 Elements of murder p: 8 Pre-existing susceptibility Voluntary Manslaughter p: 9-10 Provocation (and abnormality of mind‚ excessive self defence) Involuntary Manslaughter p: 11-12 Unlawful

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    Criminal Law Study Guide

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    LAW DEPARTMENT A2 Criminal Law Study Pack 2010 / 2011 Name CONTENTS PAGE 1. Homicide - Murder 3 2. Voluntary Manslaughter 8 3. Involuntary Manslaughter 20 4. Defences: Insanity 29 5. Automatism 32 6. Intoxication 35 7. Self-defence 37 8. Consent 42 9. Critical evaluation of murder and voluntary manslaughter 47 10. Critical

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    Assault In Criminal Law Essay

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    ------------------------------------------------- Assault From Wikipedia‚ the free encyclopedia This article is about the criminal act. For tortious aspects of assault‚ see Assault (tort). For other uses‚ see Assault (disambiguation). Criminal law | Part of the common law series | Element (criminal law) | * Actus reus  * Mens rea * Causation  * Concurrence | Scope of criminal liability | * Complicity  * Corporate  * Vicarious | Seriousness of offense | * Felony  * Misdemeanor

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    R vs Sharpe Law Summary

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    R vs Sharpe (1)Sources: R v Sharpe Decisions‚ February 8/2013 CBC NEWS‚ R vs Sharpe: Excerpts from the Supreme Court ruling on Child Pornography‚ March 8/2004 Title: R vs Sharpe Who: John Sharpe Date: January 26‚ 2001 (2) Case Facts: -Accusations were made about John Sharpe that he had possession of child pornography tapes -Led police to an investigation of his house‚ finding multiple disks labeled ‘boyabuse’ -Sharpe was charged with two counts of possession of child pornography‚ under

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    cases: R v Moloney [1985] 1 AC 905 House of Lords‚ R V Hancock and Shankland [1986] 1 AC 455 House of Lords‚ R v Nedrick [1986] 3 All ER 1 Court of Appeal*‚ R v Woollin [1997] Cr App R 97‚ Court of Appeal‚ Woollin [1998]3 W.L.R. 382 ‚ House of Lords.* Law Commission‚ Draft Criminal Code Bill. G. Williams‚ ‘Oblique Intention’ [1987] CLJ 417. Lord Goff‚ ‘The Mental element in the crime of murder’ (1988) 104 LQR 30. A. Norrie‚ ‘Oblique intention and legal politics’ [1989] Crim LR 793. R. Duff

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    means the killing of a human being [Irving‚ Shae‚ ed (2009) and may be lawful – where‚ for example‚ fatal force was necessary to defend oneself. The two most important offences of unlawful homicide are murder and manslaughter. Although both are common law offences‚ elements of murder and manslaughter have been modified by Acts of Parliament and the penalties for each are statutory. Until 1957‚ murder (the more serious of the two offences) was a capital offence – that is‚ a sentence of death automatically

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    injuries in the blaze. Answer both of the following questions. Both questions carry equal marks. Using case law to support your arguments: 1. Discuss whether Bob may be charged with the murder of Alice‚ Karishma and Jake; and 2. Advise Bob as to whether he has the necessary mens rea to be charged with offences under s1(1)‚ s1(2) and s1(3) Criminal Damage Act 1971. The area of law in which this question concerns is murder. It is necessary to consider the extent to which Bob is likely to be

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