WHAT LAW IN England and Wales NEED A REFORM?

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proprocatinator
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Hi, I need to write a review on an area of law that needs reform.
I would like to pick an area within Criminal Law, do you have any suggestions?
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ROTL94
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You could do the law surrounding intention? I think when I did an essay on it, the law surrounding it even post Woolin is pretty unclear.
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Joleee
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which area? you need to narrow it down.
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proprocatinator
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(Original post by Joleee)
which area? you need to narrow it down.
I haven't decided as of yet. I have a genuine interest in criminal law so anything within that.. some examples would be but not limited to: Homicide Act, Criminal Attempts, the defence of insanity ect.

Im just trying to brainstorm some ideas which i can look into to see if I can collect enough research on it to be able to write the dissertation.
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proprocatinator
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(Original post by ROTL94)
You could do the law surrounding intention? I think when I did an essay on it, the law surrounding it even post Woolin is pretty unclear
Are you referring to codifying the definition of intention?
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ROTL94
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(Original post by proprocatinator)
Are you referring to codifying the definition of intention?
Yes.
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Joleee
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(Original post by proprocatinator)
I haven't decided as of yet. I have a genuine interest in criminal law so anything within that.. some examples would be but not limited to: Homicide Act, Criminal Attempts, the defence of insanity ect.

Im just trying to brainstorm some ideas which i can look into to see if I can collect enough research on it to be able to write the dissertation.
i don't know what 'criminal attempts' mean to be honest. but i would say narrow the topic down, then ask for further help. i can't decide the purpose of your paper.
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proprocatinator
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(Original post by Joleee)
i don't know what 'criminal attempts' mean to be honest. but i would say narrow the topic down, then ask for further help. i can't decide the purpose of your paper.
My post indicates that I asked for suggestions on what areas of law others think need a reform. I didn’t ask you to decide the purpose of my paper. 🙂
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legalhelp
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(Original post by proprocatinator)
Hi, I need to write a review on an area of law that needs reform.
I would like to pick an area within Criminal Law, do you have any suggestions?
Hi OP. Are you studying law already? If I were you, I would focus on something reasonably practical. It will make it easier to research from open source, non-academic material, and also means you can spend more time thinking about the arguments and less time worrying about whether you have correctly understood a complicated area of law. Some ideas off the top of my head:

- Should the age of criminal responsibility be raised from 10 to, eg, 14?
- Sentencing - pick a crime or a set of crimes (eg property offences), look at the sentencing guidelines, the factors to be taken into account, and the sentencing range. Do you think it’s too high/low? What does that tell you about the value we place as a society on criminalising that conduct?
- Should we broadcast trials, like they do in the US?
- Should we get rid of juries for some/all offences?
- Should juries decide on sentence? (currently decided by the trial judge)
- Should the attorney general - a political appointee - be able to intervene in specific cases, as she did for example in PC Harper’s killers’ unduly lenient sentence hearing?
- Should we decriminalise possession (not supply) of drugs?

If you would rather discuss something more academic, then attempts is a good area to look at. I personally think the “more than merely preparatory” threshold is too low to treat someone as if they had in fact committed the offence. In the same vein, you could look at conspiracy - it’s wooly, complicated, difficult to prove, and allows us to criminalise a potentially unwitting participant in a scheme that doesn’t even need to be successful.
Last edited by legalhelp; 7 months ago
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username5173262
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Homicide act. The law commission have been trying to push reforms but have been ignored by Parliament
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legalhelp
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(Original post by Joleee)
i don't know what 'criminal attempts' mean to be honest. but i would say narrow the topic down, then ask for further help. i can't decide the purpose of your paper.
Out of interest - have you not been taught criminal attempts in your degree? I didn’t do law at undergraduate level, only postgraduate, so I’m not 100% sure what is covered on a normal LLB criminal module. But I am surprised to hear that might not be part of your programme.
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aspiringlawyerNW
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(Original post by proprocatinator)
I haven't decided as of yet. I have a genuine interest in criminal law so anything within that.. some examples would be but not limited to: Homicide Act, Criminal Attempts, the defence of insanity ect.

Im just trying to brainstorm some ideas which i can look into to see if I can collect enough research on it to be able to write the dissertation.
You'll produce a far better piece of work if you identify an area yourself, rather than asking for ideas. Have a think about the key principles of criminal law - fair labelling, blameworthiness, proportionality, liability, autonomy, etc. Find a topic which means something to you on some level.
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jackmarshal757
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Self defence laws, they are atrocious. A victim could get into more trouble than the perpetrator for defending themselves due to excessive force. Plus the use of pepper spray to defend yourself, should be decriminalised as it currently falls under the firearms act.

Another law would be the more recent 10 year prison sentence implemented for lying about travel. The law is completely ridiculous
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legalhelp
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(Original post by jackmarshal757)
Another law would be the more recent 10 year prison sentence implemented for lying about travel. The law is completely ridiculous
I agree this is madness, but it's not a new law - it's the government shoehorning that behaviour inappropriately into the existing forgery offence, for which the maximum sentence (on indictment) is ten years. Note that's the maximum - if this particular misbehaviour is ever prosecuted, I guarantee you it will be dealt with in the Mags as a summary offence, and penalised with a fine.
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jackmarshal757
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(Original post by legalhelp)
I agree this is madness, but it's not a new law - it's the government shoehorning that behaviour inappropriately into the existing forgery offence, for which the maximum sentence (on indictment) is ten years. Note that's the maximum - if this particular misbehaviour is ever prosecuted, I guarantee you it will be dealt with in the Mags as a summary offence, and penalised with a fine.
If someone is ever tried then it’ll receive so much backlash and will probably be dropped
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legalhelp
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(Original post by jackmarshal757)
If someone is ever tried then it’ll receive so much backlash and will probably be dropped
Don't count on it.
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