Herrings Theory of Criminal Law

Herrings Theory of Criminal Law English criminal law entails sanction for various behaviors/actions and/or results; and these prohibitions are sprawling throughout numerous statutes and judgements. Generally speaking, the law categorizes criminal liability in two types of crimes; those whose result is prohibited; result crimes and those which carry sanction on a particular conduct, conduct crimes. Additionally, it must be remembered that although a crime may either be result or conduct, it always has two elements to it; the Actus Reus the Mens Rea. In Latin the maxim states actus non facit reum nisi mens sit rea which means that an act is not criminal in the absence of a guilty mind; R v. Miller[1]. The physical actions/inactions, circumstance consequences are covered by the Actus Reus, thus each crime punishable by state sanction will prescribe a prohibited action or omission with its consequences in order to determine the guilt of the accused. On the other hand, Mens Rea refers to the defendants state of mind; and allows the court to assess whether the accused intended or was either reckless or negligent; in committing the crimes that s/he is accused of. Both these elements need to be proved by the prosecution, beyond reasonable doubt, Woolmington v DPP [2], for the accused to be held guilty of the crime. The Law Commission in its reports paid heed to the necessity of a consolidated and coded criminal law regime[3]. They procrastinated that the criminal code will style the law in a more accessible, comprehensible, consistent and certain [4] manner. However, in 2008, the Commission was finally liberated from its ever long pursuit of realizing a consolidated criminal code, in England Wales. The editors of the Criminal Law Review, expressed their profound displeasure, in their editorial named RIP: The Criminal Code (1968-2008)[5] stating that it was a sad end for a noble ideal; but, in reality, this idea of the criminal code was rather unattractive, amid several other jurists. Herring in his book, explores the idea of the criminal code, and finds that surely the code would provide certainty; as it will clearly demark the rules which provide for the determination of a persons guilt[6]. This process, was hoped, to simplify the lengthy and exuberant, common law methodology; where principles of offence are enshrined in case law; rather, sometimes ambiguously and with loose interpretations, tailored by judges as aids to justice, in particular scenarios. Although, Herring never meant that common law interpretations are inaccurately based but rather explores the idea that a codified criminal law will strengthen the principle of legality, in rather constitutional terms; i.e. it will uphold the separation of powers, by limiting the creation of the law to the Parliament, not the judiciary. Secondly, Herring acknowledges that the principal advantage that a written criminal code will serve in its accessibility; as it will serve to the members of the public, a reminder of their rights, liberties and duties. However, in Chambers[7], Toulson LJ, a senior member of the judiciary himself, criticizes the limited access to statute law, as a hindrance to access to justice. Thus, theoretically supporting the idea of a criminal code, all encompassing, and in the process providing instant access to the judiciary awareness to the general public as well. Furthermore, Smith Hogan, rightly points out that the adoption of a criminal code would figuratively deliver transparency on the states position, in relation to criminal behaviors[8]. Paul Robinson[9] in his book, proposes a code which distinguishes rules of conduct, which he proposes are aimed at the public at large and provide clarity and guidance; from those of attribution, which direct instructions to judges and juries, in determining verdict. He views rules of conduct as taking a communicative function, serving as a guidance for the public and thus must be kept as precise and clear as possible. However, his critics, point out that such rules of conduct, firstly disregard situations where crimes are a result of a prohibited action, i.e. result crimes [10] and secondly they exclude any indication of the state of the mind of the accused, i.e. Mens Rea[11]. Consequently, Antony Duff fittingly points out that the criminal code must first reflect the moral wisdom of the public; rather than focus its efforts on linguistic clarity [12]. Herring, further points out that such a code will also provide efficiency to the court system, as the code will provide clarity and accessibility, thus enabling judges to give timely verdicts. Proponents of the code also claim that the process of drafting the new criminal code will itself clear most of the contradictions and ambiguities. Thus, Herring claims that updating the code will rather extinguish old, and unsustainable laws, not practiced in todays society, he gives the example of s.36 Offences Against the Person Act 1861[13]. At the same time Herring, lists the potential pitfall of the code, primarily, he criticizes that there is no guarantee that the criminal code would become a bestseller; indicating doubts in public interest in the code[14]. Furthermore, he notes that the drafter overemphasized the benefits of the code, he points out that cases which require an examination of law morality will remain outside its scope; the notorious conjoined twins case [15]. Correspondingly, De Burca[16] states that the fascination with simplifying the code pays no heed to the fact that a particular criminal offence represents an examination of a plethora of political, ethical, and practical concerns, affecting the way a particular law develops for a particular offence. But, the final nail in the coffin, is stuck by J. Verbruggen[17] and his examination of this concern; where he asserts that a structural transformation of a judge-made norm into a codified norm would be unsuccessful. He states that it is necessary to appreciate that the Law Commission was primarily concerned with structural reforms, rather than any substantive reform; and stated that the drafters were not concerned with law reform, but rather employing codification to make the law simpler (11).ÂÂ   He draws distinction within a legal norm as having two dimensions; firstly, its organic identity, i.e. its form under which it exists. And a second dimension, he mentions, is the normative space under which a norm exists; this could range from wide-ranging legal norms to precise policy contemplations. He says that it is the combination of both these elements which makeup the structure of a norm and emphasized that the drafters aimed at altering the organic identity of judge-made norms ; i.e. the structure in which case law exists; while guarding its normative space, i.e. the common law doctrines. He claims that any effort to modify the organic identity of judge-made norms and still maintain its normative space; would be structurally impracticable. He suggests that an examination of judge made norms reveals normative considerations without any specific appointment of priority. He purports that when such norms are to be transplanted into a code, certain normative considerations will be given priority over the other; which, otherwise, would eventually lead to editorial choices amongst the drafters. He concludes that the drafters failed to realize that judge made norms are organically different to codified norms, as the latter are more restrictive in nature, than the former; and that codified norms do not in their entirety, represent the exact scope of normative considerations that exist in judge-made law. The Criminal Code as envisaged by the Law Commission was a gallant idea and a through effort, but sadly it came to a halt, amid juristical considerations. Admittedly, it must be concluded that because codification is not fundamentally capable of respecting the normative space of a judge-made norm, it creates doubts. Although, it seems fair to state that the Code does provide for accessibility, as rightly reported by Herring; but, these doubts which exist to the core of the matter of codification; effectively defeats the crucial criteria set forth by the Law Commission of consistency and certainty. [1] R v. Miller [1983] 2 AC 161, 174 (HL) [2] Woolmington v DPP [1935] AC 462 [3] Law Commission, Criminal Law Codification of Criminal Law A Report to the Commission (Law Com No 143, 1985) Law Commission, Criminal Law A Criminal Code for England and Wales (Law Com No 177, 1989). [4] Law Commission, Criminal Law A Criminal Code for England and Wales (Law Com No 177, 1989) [Para. 1.15]. [5] RIP: The Criminal Code (1968-2008) Editor of the Criminal Law Review (2009). [6] Criminal Law: Text, Cases, and Materials By Jonathan Herring, 6th Edition; [Chapter1, Para 5] [7] Chambers [2008] EWCA Crim 2467 [8] Smith and Hogans Criminal Law, p.g. 33; 14th edition. (2015) [9] P. Robinson (1997) [10] Husak (1999a) [11] Duff (2002: 69) [12] Duff (2002) [13] s.36 Offences Against the Person Act 1861- assaulting a clergyman in the discharge of his duties in a place of worship or burial place [14] Clarkson (1994). [15] Re A (Conjoined Twins: Medical Treatment) [2000] 4 All ER 961 (CA). [16] de BÃ ºrca and Gardner (1990). [17] THE CODIFICATION OF JUDGE-MADE NORMS IN THE CRIMINAL LAW: A RESPONSE TO THE LAW COMMISSION REPORTS by JACK VERBRUGGEN NORTH EAST LAW REVIEW pg.83

Grapes of Wrath :: Essays Papers

Grapes of Wrath2 In the Grapes of Wrath, Steinbeck uses intercalary chapters to provide background for the various themes of the novel, as well to set the tone of the novel". The turtle is a metaphor for the working class farmers whose stories and struggles are recounted in The Grapes of Wrath. In Chapter 3, the turtle plods along dutifully, but is consistently confronted with danger and setbacks. Significantly, the dangers posed to the turtle are those of modernity and business. It is the intrusion of cars and the building of highways that endanger the turtle. The truck that strikes it is a symbol of big business and commerce. â€Å"The turtle entered a dust road and jerked itself along, drawing a wavy shallow trench in the dust with its shell† (pg 21) shows that the Joad family that will soon be introduced will experience similar travails as the turtle, as they plod along wishing only to survive, yet are brutally pushed aside by corporate interests. Chapter 7, another intercalary chapter critiques yet another part of the business system. The owners of the car dealerships mean solely to exploit impoverished buyers. They do not profit from selling cars that will last, but rather from finding the most ill-used vehicle, giving it the appearance of reliability, and pawning it off on desperate farmers wishing to get to California. There is no compassion in the car sales, but rather a perpetual cycle of exploitation. This indicates what the Joad family must certainly have experienced to get their car to go west, yet places it in a larger context. The chapter makes it clear that they are not the only family to experience this. As the Joad family faces the same trials that the turtle faces, and as the desperate farmers have to deal with car dealerships, the intercalary chapters help to set the tone of, as well as integrate the various themes of The

My Summer at Choate Rosemary Hall

This summer at Choate Rosemary Hall was the best summer that I have ever had so far. The classes were challenging but also exiting at the same time. I really love the classes there because the number of student per one teacher is very small so the teachers give pay more attention toward you. Also, the student gets to know each other more so they can work together better. One of my favorite classes during the summer was Anatomy and physiology because we had a lot of hands on experience with dissection. My favorite dissection in the class is when we get to dissect and explore the anatomy and physiology of a rodent’s body because it was the longest and interesting dissection that we had during the summer program. When we finish with the dissection, our teacher takes a picture of our dissection and sends it to us and we had to label it. Another project that I like about Anatomy and Physiology is the owl pellet. We had to put back together a scattered rodent skeleton together and it was very time consuming. Other than the classes I also like the dorm life was. At home my parent do everything for me but at Choate I had to do everything myself, which made me feel like an adult. Every morning I had to wake up by myself and go to breakfast. My Favorite part about dorm life is laundry. My friend and I always wash our cloths together to save some money and we would just sit in the laundry room talking to each other about each other cultures. One time I forgot my highlighter in my pocket during washing so all of my cloths was ruin. The mistake of putting a highlighter in my pocket turns out really cool because it made one of my shirts really pretty so everyone said that I was the best mistake that I’ve ever made. Choate’s campus was big. On the first day of class I wanted to change my schedule and didn’t know anywhere to go to so I had to run around the campus trying to find the summer program office for almost an hour. Every day I have only 30 minutes for lunch because one of my classes was on the other side of the campus and it would take me 10 minutes to walk there. I think my favorite building at Choate is Hill House because that is my dorm, the dining hall, and it’s also the place that my friend and I hang out before study hours. Hill House has an air conditioned lounge that no one knows. Therefore, it was our secret hideout and our hanging spot. Also every Saturday we held a movie night at Hill House because checks in is at 11 p. m. My favorite part about this summer is spending time with friends that I had made during the program. In the beginning I didn’t know anybody else other than the Memphis Prep scholars so I stayed with them. After the first week I start to know more people so I hang out with other people. We would go to the movie almost every Wednesday because we had nothing to do. Sometime we would go to the library to read mangas and books because some of us had to finish our summer reading list. Usually after we go to the library we would go to the candy shop down the street from the library to get ice-cream. Sometime we would skip dinner at Choate’s dining hall and have dinner at a restaurant that is next to the candy shop. The one thing that I hate the most about this summer program is saying good bye. On the last week of the program we eat dinner together at a restaurant every night or ordering Chinese food, trying to spend as much time with each other as possible. Also, on the last mall trip we would try to buy things to gift each other so that we will remember each other. On the night of the Last Dance we went the basement and talked to each other and signed each other shirts and journals. The last day of the summer program was the hardest day for me because all of my friends were leaving. We cry every time someone is leaving and we would stand there watch them leave and by the end of the day all of my tears were dried up. Attending Choate’s summer program is the best thing that had happened to me. The classes and teachers were great. The campus was big and it made me feel like I’m in college. I had made a lot of new friends that I will never forget. Choate summer program is also life changing for me because I learn how to be independent from my parents and do things on my own. It had expanded my knowledge in Anatomy and Physiology. I also learn that there are a lot of opportunities out there waiting for you to take it and you have to work hard to achieve it. The best opportunity that I had taken this year is to apply for Memphis PREP because without them I wouldn’t know about Choate Rosemary Hall or any other boarding school.

John Ross And Mill s Utilitarianism And Ross Essay

Introduction: Mill s Utilitarianism and Ross Intuitionalism both use moral intuitions as core components of their moral theories, though their valuation of these intuition in making morally sound decisions differ. I will argue that it is this mis-valuation of moral intuition in Utilitarian tradition that makes the moral theory unstable and prone to criticism. Ross deontological approach to moral intuitions provides a more believable, and morally acceptable account of the role these intuitions play in making ethical decisions. In this paper I will begin with underlying both Ross and Mill s valuation of moral intuitions in the framework of their moral theories, followed by a brief explanation of each philosophers view of â€Å"what makes an act moral†. Having established these I will, with the aid of an anecdote about a child and a sled, describe my difficulties with Mill s utilitarian approach to ethics. Finishing with an assessment of some utilitarian complaints about Ross theory. Ultimately Utilitarianism provides a commendable theory for widely applicable and practical moral action, but it s inability to address conflicts with strong moral intuitions weakens it s argument leading me to favor that of Ross more flexible, yet not relativistic, intuitionalism. i) The Value of Moral Intuitions: Both Ross and Mill recognize the existence of what one might call a â€Å"prima facie† duty ( or virtue), this being an action that is intuitively deemed morally rightShow MoreRelatedJohn Ross And Mill s Utilitarianism And Ross Essay1926 Words   |  8 PagesIntroduction: Mill s Utilitarianism and Ross Intuitionalism both use moral intuitions as core components of their moral theories, but their valuation of these intuitions in making morally sound decisions differ. I will argue that it is this misevaluation of moral intuition in the  Utilitarian tradition that makes the moral theory unstable and prone to criticism. 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To obtain permissi on(s) to use material from this work, please submit a written request to Pearson Education, Inc., Permissions Department, One Lake Street, Upper Saddle River, New Jersey 07458, or you may fax your request to 201-236-3290. Many of the designations by manufacturers John Ross And Mill s Utilitarianism And Ross Essay Introduction: Mill s Utilitarianism and Ross Intuitionalism both use moral intuitions as core components of their moral theories, but their valuation of these intuitions in making morally sound decisions differ. I will argue that it is this misevaluation of moral intuition in the Utilitarian tradition that makes the moral theory unstable and prone to criticism. Ross deontological approach to moral intuitions provides a more believable, and morally acceptable account of the role these intuitions play in making ethical decisions. 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Ross deontological approach to moral intuitions provides a more believable, and morally acceptable account of the role these intuitionsRead MoreUse Of Consequentialism, Desire Satisfaction Theory And Objective List Theory1345 Words   |  6 PagesConsequentialism is an approach to Ethics that argues that the morality of an action is reliant on the action s consequence (Mastin, 2008). This theory is based on two main principles, first, that the rightness or wrongness of an act depends solely on the results of it and secondly, that the better act is the one that produces more good as a consequence. What is meant by consequence here is eve rything that a certain action brings about, including the action itself. The good end required by an actionRead MoreNormative Theories Of Ethics And Its Principles2769 Words   |  12 Pagestreatment of moral problems, practices and policies in personal, professional life. Applied ethics comprise of medical ethics, bioethics, business ethics, legal ethics and others. The understandings of Applied ethics follows two main approaches – Utilitarianism and Deontological ethics. the major aim of the normative theories of ethics is to articulate and advocate an ethical code in order to provide justifiable and reliable principles to distinguish between the moral and immoral attitude. NormativeRead MoreExplain the Difference Between Narrow and Preference Hedonism. Which Is a More Plausible Theory of Happiness?2995 Words   |  12 Pageswith the intense pleasure induced by opiates or cocaine at one end of the spectrum, and that pain is similar, with the intense pain of passing a kidney stone at the other end. But some hedonists believe that pains are differ qualitatively. John Stuart Mill, for example, thought that there were higher pleasures (e.g., from listening to great music or reading a great novel) and lower pleasures (e.g., from strong drink, drugs, or playing video games). There are deep questions about the nature ofRead MoreApplication of Ethical Theories12285 Words   |  50 Pagesethical theories that differ in the basic criteria used for moral reasoning (Victor Cullen, 1988). These studies demonstrate that individuals usually rationalize their decisions using terminology that expresses different ethical theories such as utilitarianism (Fritzsche Becker, 1984; Premeaux Mondy, 1993; Premeaux, 2004), egoism (Granitz Loewy, 2007), deontology, and virtue ethics (Lahdesmati, 2005). Note that most of these studies focus on utilitarian and deontology theories, or limit theirRead MoreBranches of Philosophy8343 Words   |  34 Pagesutopias of Thomas More, Tommaso Campanella and Francis Bacon. Within Christianity itself, these new movements dovetailed closely with the Reformation. [edit] Early modern philosophy (c. 1600 – c. 1800) Main article: Early modern philosophy [pic] [pic] John Locke Modern philosophy begins with the revival of skepticism and the rise of modern physical science. Philosophy in this period centers on the relation between experience and reality, the ultimate origin of knowledge, the nature of the mind and itsRead MoreLogical Reasoning189930 Words   |  760 Pagesthe arguer is being truthful). d. None of the above. 1. What time does the movie start? 2. This card can save you a lot of money. 3. Vote Republican in the next election because doing so will solve almost all the worlds problems. 26 4. John Adams was the second president of the United States. My history teacher said so, and I looked it up on Wikipedia with my phone. ────9 To find out whether an argument is present, you need to use your detective skills. Ask yourself whether the speakerRead MoreMerger and Acquisition: Current Issues115629 Words   |  463 Pagesand Finance, Journal of Futures Markets, Journal of Derivatives Accounting, European Journal of Finance and Journal of Asset Management. He has authored one book with Professor Joe Zhu and edited nineteen books with Elsevier-Butterworth-Heinemann, John Wiley Sons, Palgrave Macmillan and Risk Books. Karyn L. Neuhauser is an Assistant Professor of Finance at the State University of New York (Plattsburgh), USA. She earned her doctorate in Finance from Louisiana State University and has published articlesRead MoreStephen P. Robbins Timothy A. Judge (2011) Organizational Behaviour 15th Edition New Jersey: Prentice Hall393164 Words   |  1573 Pagesand permission should be obtained from the publisher prior to any prohibited reproduction, storage in a retrieval system, or transmission in any form or by any means, electronic, mechanical, photocopying, recording, or likewise. To obtain permissi on(s) to use material from this work, please submit a written request to Pearson Education, Inc., Permissions Department, One Lake Street, Upper Saddle River, New Jersey 07458, or you may fax your request to 201-236-3290. Many of the designations by manufacturers