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    This is a revision thread for those retaking the AQA A2 LAW03 unit in the summer. Knowledge and ideas from all are welcome
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    (Original post by Alex-jc123)
    This is a revision thread for those retaking the AQA A2 LAW03 unit in the summer. Knowledge and ideas from all are welcome
    Hey
    I'll post some stuff up, probably Thursday
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    are we expected to know the knew spec for provacation?
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    (Original post by logic :))
    are we expected to know the knew spec for provacation?
    Nope, the new spec with the reforms in starts in January 2012. You don't need to worry about learning "loss of control", just stick to provocation.
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    Anyone want to share knowledge on the syllabus?
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    What do you guys reckon will be the evaluation ques? i have a feeling it'll be to do with evaluating murder/voluntary maslaughter.....btw for that there is only 3 possible essays...right?? murder/non fatal offences/ defences evaluation. The defences one came up in the jan exam so doubt theyl have the same ques...
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    (Original post by logic :))
    What do you guys reckon will be the evaluation ques? i have a feeling it'll be to do with evaluating murder/voluntary maslaughter.....btw for that there is only 3 possible essays...right?? murder/non fatal offences/ defences evaluation. The defences one came up in the jan exam so doubt theyl have the same ques...
    Yup the question will either be problems and reforms on:

    - Murder and voluntary manslaughter
    - Defences - Choose two and points on each
    - Non fatal offences

    I've wrote up the essay for each, and im just going to try and memorise it for the exam.
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    Debating if I should focus more on non fatal and murder/vol manslaughter as the general defences came up in January, slim chance it will come up again? Risky, I know.. But I have to remember property offences evaluation, too.
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    i would love general defences to come up tho!
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    (Original post by WDGardiner)
    Debating if I should focus more on non fatal and murder/vol manslaughter as the general defences came up in January, slim chance it will come up again? Risky, I know.. But I have to remember property offences evaluation, too.
    Im doing the same....
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    most likely the evaluation question would be Murder manslaughter and Non fatal offences as the defences came up last year.
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    Anyone want to share reforms for general defences and consent?
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    (Original post by Alex-jc123)
    Anyone want to share reforms for general defences and consent?
    For general defences I've chosen Insanity and Self Defence.

    Insanity

    Problems

    - M'Naghten rules are over 150 years old. At the time knowledge about mental disabilities was very limited. Much more today is known about disorders and so a wider definition should be used.

    - The definition for insanity is a legal one and not a medical one. This causes two problems. People with certain mental disorders may not come within it. For example in Byrne the defendant suffered from irresistible impulses but because he knew the nature and quality of his acts he did not fall within the definition. On the other hand, those suffering from diabetes and sleep disorders fall (sullivan - source of disease from within the body is irrelevant) in the category of 'insane'.

    - When successfully using this defence the sentence given is "guilty by reason of insanity". The term 'insane' is unfortunate for people with serious mental disabilities, as it carries a social stigma, but it seems utterly inappropriate to call someone with a sleeping disorder or diabetes 'insane'

    Proposals (by the law commission)

    - Suggested the M'naghten rules should be extended so that the defendant can still use the defence if he is incapable of preventing himself from completing the act. If this had been the case then Byrne would have been able to use the defence. The government answered this proposal by introducing the defence of diminished responsibility.

    - The defendant should not be found guilty by reason of insanity but instead by reason of mental disorder. To try and avoid the social stigma.


    Self Defence

    Problems

    - If the defendant uses excessive force in self defence then the defence is not available to them at all. In cases of murder the where the defendant has used excessive force, there is no defence and so the defendant will have a mandatory life sentence, however if the defence was available he would be acquitted. This has a big 'all or nothing' effect which seems unjust. Excessive force was seen in the case of Clegg.

    - Another problem is that it does not seem that the courts will take the defendnts characteristics into account when deciding if the force used was reasonable. In Martin the defendant had a mental problem where he perceived threats of danger much greater than that of an ordinary person. The Court of Appeal held that this was not relevant to whether or not the defendant had used reasonable force. One of the reasons for this was that self defence is often brought up in minor cases of assault and it would not be appropriate to bring medical disputes into such cases.

    Reform

    - Suggested to include a partial defence of 'killing in response to fear of serious violence'. This would be available to people who over-react to what they perceive as an immediate threat. This defence would reduce their charge to manslaughter

    I hope this helps at all.
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    I'm debating not revision defences evaluation too... i'm not sure what the likelihood is of it coming up again really?
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    I don't think you can outsmart AQA, they are quite unpredictable in their content :\ I would focus more on Murder/Vol Manslaughter and Non-Fatal Offences, which really are the easier two, in my opinion.

    I would share my notes but I only have them on card (an entire packet of 6' x 4' reception notes on law04 and 03)..

    With murder it is best to talk about the mens rea, do some of your own research, you will learn and remember it better this way.

    Good luck.
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    **** **** ****, i need to decode 3 essays and learn them in a night! aaah
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    Don't know if this is useful to any of you, but these are the notes I made and got 97 with them in January.

    By the way, the essays are evaluation of general defences, evaluation of murder+voluntary manslaughter and evaluation of OATPA.

    I think they were the most likely to come up last time, but I doubt if general defences will come up again.
    Attached Files
  1. File Type: docx LAW03 Revision Notes.docx (33.8 KB, 480 views)
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    How many of u are revising involuntary manslaughter? I'm asking this because I'm not, just gone over murder provocation and diminished responsibility is there any point of going over involuntary manslaughter?
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    (Original post by dean1210)
    Don't know if this is useful to any of you, but these are the notes I made and got 97 with them in January.
    Those are really good dude! So you just learnt all that info and got 97?! Well done!
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    (Original post by whattheheck)
    Those are really good dude! So you just learnt all that info and got 97?! Well done!
    Yeah, it's a bit cluttered in places, but I gave them out to a few friends who also ended up with high scores, so hopefully this helps good luck!
 
 
 
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