Description
The Essay Question:
Imagine you are applying for a position in an organisation which has been set up to advise parliament on reforms which are necessary to make the law of criminal liability more just.
As part of the assessment process, you are asked to write a paper on the following:
– The mens rea of murder
What reform would you make, and why?
Make sure that it is clear which question/area of law you are addressing. You don’t have to be focusing on mensrea only, because the question is asking you to address the reform for the mensrea for Murder. Therefore, please make sure that when you are writing your answer to the question, that you address each element of the question and that your sources are relevant to this area of law. I have included the essay instructions below:
I. Start by providing a succinct explanation of the area of criminal law upon which you have decided to focus. This should explain the area of law clearly and accurately.
II. Explain clearly the reform which you are proposing and how it would change the scope of criminal liability.
III. Explain why you think this reform will make the law of criminal liability more just.
IV. Identify any objections to the proposed reform which are likely to arise and explain how these objections will be met.
V. Substantiate all claims and arguments made with regard to appropriate sources. These sources should be indicated by accurate footnote references. Also make sure that your sources are correctly referenced using OSCOLA referencing.
Sources:
• Smith & Hogan’s Essentials of Criminal Law by David Ormerod and John Child, latest edition which is the 3rd edition.
•Read the case of Woollin [1998] 4 All ER 103 now.
Understanding of the concept of mens rea and its precise role in the
construction of criminal liability.
An ability to distinguish between the concepts of intention and
Recklessness.
A sound understanding the distinction between direct and indirect
intention, and the problems faced by the courts when confronted with criminal harm arising from the latter.
A knowledge of the different forms that mens rea can take, and an ability to distinguish clearly between them.
A sound understanding of what was at stake in the distinction between Cunningham and Caldwell recklessness.