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Criminal Law Evaluations - Murder, voluntary manslaughter,non fatal offences,defences Watch

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    There is a 25 mark question at the end for criminal law on evaluations, does anyone know how much we have to write for this section and what structure to use. The evaluations are for murder, voluntary manslaughter non fatal offences and defences. Any help would be much appreciated.
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    (Original post by xyllix)
    There is a 25 mark question at the end for criminal law on evaluations, does anyone know how much we have to write for this section and what structure to use. The evaluations are for murder, voluntary manslaughter non fatal offences and defences. Any help would be much appreciated.

    Is this on AQA? If it is, you only have to chose one of them.
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    (Original post by charliexo)
    Is this on AQA? If it is, you only have to chose one of them.
    It is on aqa new specification, in the specification it states that you must revise all of them because you only get one option and any of the evaluations could come up.
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    (Original post by xyllix)
    It is on aqa new specification, in the specification it states that you must revise all of them because you only get one option and any of the evaluations could come up.
    OK, well I was on the old spec. so I only know about the NFOAP, but in terms of structure:

    Intro - (this is all off the top of my head...) been described as a "ragbag of offences", I think it was a consolidating statute...

    Strengths

    Weaknesses

    Law Commission's proposals for reform

    Conclusion - how far do you think the current law's satisfactory?

    Hope this helps.
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    (Original post by Muppety_Kid)
    OK, well I was on the old spec. so I only know about the NFOAP, but in terms of structure:

    Intro - (this is all off the top of my head...) been described as a "ragbag of offences", I think it was a consolidating statute...

    Strengths

    Weaknesses

    Law Commission's proposals for reform

    Conclusion - how far do you think the current law's satisfactory?

    Hope this helps.
    Thanks yeh it helped but in my Aqa book which is designed for the exam only has criticisms and reforms, so I wouldn't know what to put for strengths :/
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    (Original post by xyllix)
    Thanks yeh it helped but in my Aqa book which is designed for the exam only has criticisms and reforms, so I wouldn't know what to put for strengths :/
    I did this last year and I haven't got my notes on me, so I'm going with what I remember, but as the seriousness of the harm increases, the intention generally does (with the exception of s.18 oblique intent, which is almost like recklessness!). Ummm...you need to pick out things like that. There won't be many strengths, but try your hardest to come up with about three (mitigating) points for the current law. If I think of any more, I'll add them.
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    (Original post by Muppety_Kid)
    I did this last year and I haven't got my notes on me, so I'm going with what I remember, but as the seriousness of the harm increases, the intention generally does (with the exception of s.18 oblique intent, which is almost like recklessness!). Ummm...you need to pick out things like that. There won't be many strengths, but try your hardest to come up with about three (mitigating) points for the current law. If I think of any more, I'll add them.
    Thanks a lot, could the intro be:
    the law commission described the current Oapa as "inneficient as a vehicle for controlling violence" where many aspects of the law is obscure and it's application erratic.

    And then begin to list why it is unsatisfactory etc thanks
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    (Original post by xyllix)
    Thanks a lot, could the intro be:
    the law commission described the current Oapa as "inneficient as a vehicle for controlling violence" where many aspects of the law is obscure and it's application erratic.

    And then begin to list why it is unsatisfactory etc thanks
    Yeah, but recognise its strengths somewhere in your answer and don't put the proposals in the intro - ideally they should have their own paragraph.
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    That's not a proposal it's a comment, do I shouldn't put that in the beginning to get it started.
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    (Original post by xyllix)
    That's not a proposal it's a comment, do I shouldn't put that in the beginning to get it started.
    No, I know what you mean - sorry if that wasn't clear. It's OK to start with "The OAPA has been described as "(Law Commission's comment)"...".

    All I meant is don't say in the introduction "it's (LC's comment), so they want to introduce these offences to modernise it", since the proposals are so important that they deserve a separate paragraph just before the conclusion.

    Hopefully you understand what I mean now!
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    From what i been told, the question may ask 'current law on non fatal offences is SATISFACTORY' discuss, this doesnt mean that u have to talk about strenghts, u can talk about weakness (easiest option).

    Start by 'Current law on non fatal offences is unsatisfactory and reform is needed'.

    1- Defined Badly, no clear definition of assault and battery. Definitions of more serious offences are over 100 years old.
    2- Much of the words used are archaic, 'whosoever'.
    3- In s.47, is states 'assault accosioning ABH' untrue, ABH can be commited with battery (R v Roberts)
    4- in s.18 the word 'maliciously' does not have a use, as its allready described as 'with intent', as its a crime of specific intent.
    5- 'wounding' causes confussion, injury requiring the breaking of dermis and epidermis, so paper cut could be classed as a wound.
    6- The word 'cause' causes more problem, Lord Steyn stated that 'cause' and 'inclict' have no radical difference.
    7- Assault and battery hold 6 months s.47 5 years, the only difference is causing another person some 'discomfort' (Miller).
    8- Also s.20 is more serious, yet they hold same sentence as s.47.
    9- In s.18 the only difference is mens rea, yet the sentence leaps to life.

    REFORM. Law Commision 1993.

    1- Using 'serious injury' rather than GBH.
    2- Removing words such as 'maliciously' altogether.
    3- S.18 'wounding with intent or causing GBH' replaced by 'intentionaly causing serious injury' and s.47 replaced by 'intentionaly or recklesly causing injury'
    4- Consolidate all non fatal offences, means to put them under 1 act.

    Hope this helps
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    Yeh thanks that helped a lot, what do u think is likely to come up and do u think I should revise evaluations for defences even though they are unlikely to come up? Thanks
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    Well im revising Non fatal hard, Murder not as hard, and defences only bullet point them, so if they do come up i know wat to talk about.
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    haha. my teacher let us see the new spec yesterday. so we only just found out we don't get a choice.
    therefore, i only know non-fatal offences in depth
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    (Original post by Swimmer)
    Well im revising Non fatal hard, Murder not as hard, and defences only bullet point them, so if they do come up i know wat to talk about.
    what about voluntary manslaughter evaluation?
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    xyll, murder involes voluntry mansloughter (provocation and DR).

    Charlie r u sure we dont get a choice???? coz if we dont im screwed!!
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    This is the first year you dont get a choice so you have to learn all 3 evaluations. Also if they ask you for criticims on the defences they could specify one or two such as evaluate the current law on insanity.

    My teachers however have suggested it is highly likely they will ask you to evaluate thenon fatal offences because in past papers when people had choices examiners frequntley commented on how few people did the non fatal criticims but those who did all had strong answers.

    This is also the first year they have done criticims of defences so it is unlikely they will ask about them. Also criticims of involuntary manslaughter have been taken off the specification

    If anybody would like to see my evaluation essays please send me an e-mail , when my teacher marked them they were all A grade answers
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    Mark, my teacher sed the same, that non fatal offences reform has the best chance of comen up, and hes an examiner for AQA, so he knows his stuff...but i dont understand why he sed we may get a choice.
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    There is a possobility of getting a choice of defeces to criticise , however the cheif examiner refused to go in to any more detail about this. But it will not be like previous years when the criticism questions were always the same. Also your evaluation question will be identical on scenario A and B
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    (Original post by mark.ellison)
    This is the first year you dont get a choice so you have to learn all 3 evaluations. Also if they ask you for criticims on the defences they could specify one or two such as evaluate the current law on insanity.

    My teachers however have suggested it is highly likely they will ask you to evaluate thenon fatal offences because in past papers when people had choices examiners frequntley commented on how few people did the non fatal criticims but those who did all had strong answers.

    This is also the first year they have done criticims of defences so it is unlikely they will ask about them. Also criticims of involuntary manslaughter have been taken off the specification

    If anybody would like to see my evaluation essays please send me an e-mail , when my teacher marked them they were all A grade answers
    Are you sure murder and voluntary manslaughter are together as a evaluation, I thought this had changed.
 
 
 
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