THE EXTENDED FAMILY A SOURCE OF STRENGTH AND HOPE essays

THE EXTENDED FAMILY A SOURCE OF STRENGTH AND HOPE expositions THE EXTENDED FAMILY: A SOURCE OF STRENGTH AND HOPE In his books Grapes of Wrath and Of Mice and Men, John Steinbeck caught the truth of the battles that struck humanity in various structures and in different levels as he had seen during his lifetime. Steinbeck watched chiefly Californians and vagrants who had experienced neediness and pain brought to them by the Depression and the Dust Bowl, the residue storm that carried dry season to the Great Plains during 1932 to 1939. He started to compose books to identify with and energize the numerous discouraged individuals whom he had viewed. Steinbeck proposed a strategy for solace and alleviation to the individuals who were separated from everyone else and enduring; he examined the hugeness that a more distant family has in giving its constituents the solidarity to adapt to their monetary uncertainties and social issues. Because of the Dust Bowl and the Depression that hit the United States in the thirties, numerous Oklahomans encountered an abrupt surrender from their proprietors. Since most Oklahomans were ranchers, many were left jobless once they were commenced their territory. For endurance, this monetary fiasco brought about two unique instances of responses: that of Muley Graves and that of the Joads. Steinbeck presented a character, Muley Graves, who turned into a poor person since he was excessively joined to the land to leave and too free to even consider abiding with his family that had left, making a trip to California. Too obstinate to even think about budging, Muley just frowned, If they distract me, Ill return... I aint a goin...An I aint a-going while at the same time remanding behind by the land that not, at this point was under his family control or home, eating wild creatures to endure. Notwithstanding, an alternate attitude of the ranchers was appeared through the Joads. At the point when their territory was removed, for endurance, Joads didn't stop for a second to leave their property on the double: their homes were left empty on th... <!

Leadership Style Essay Example | Topics and Well Written Essays - 250 words

Authority Style - Essay Example authority guarantees that pioneers and workers associate in various manners and hence assemble cozy connections that advance advancement inside the association. Transformational authority is the best initiative style since it doesn't just concentrate on the outcomes, yet in addition the procedure by which results are figured it out. The most indispensable part of transformational initiative is that it permits pioneers to rouse, move, and energize their devotees in a way that advances singular development and improvement (Kuckartz, 2010). Also, pioneers are urged to bridle and support gifts, aptitudes, and information controlled by representative. As it were, this style of authority makes it simple for pioneers and their devotees to recognize their places of solidarity and hence find approaches to develop, create, or improve by and by and expertly. With regards to transformational administration, both the procedure and the outcomes are basic. The procedure cultivates cozy connections that in this way upgrade popular communications. For the outcomes, inspiration and motivation are obvious in the association undoubtedly. For instance, pioneers who grasp social decent variety and advance the equivalent in an association assume a significant job in creating changed abilities inside the

Critical Thinking Exercises Essay Example | Topics and Well Written Essays - 1000 words

Basic Thinking Exercises - Essay Example As an expert, the information that ought to be surveyed and dissected to decide if the Ford Motor Company is victimizing their workers on account old enough is the accompanying: the age of the representatives, the year the representatives was recruited, and whether the workers have reached or is moving toward the time of retirement. To start with, the age of the workers would be assessed on the grounds that the claims were asserting that the Ford Motor Company is victimizing age. Should the Ford Motor Company be oppressing age, the times of most workers should go inside the more youthful age sections, contingent upon the age after which the Ford Motor Company believes representatives to be more established. Second, the year the representatives were recruited is significant on the grounds that, in the Title VII class activity age and converse segregation suit, President Jacques Nasser was blamed for taking out more seasoned workers since he needed to construct his supervisory crew with more youthful workers. The year the workers were recruited would help decide if the representatives were utilized on with the Ford Motor Company during Nasser's administration. In conclusion, regardless of whether representatives have reached or are moving toward the time of retirement is significant on the grounds that it would settle the motivation behind why more established workers who have reached or are moving toward the age... Furthermore, the Ford examination framework is reasonable in that it rates the workers on work execution. Representatives ought to play out their activity well so as to keep up their situation at the organization. Portage has a lot to offer their representatives, and they most likely received the constrained segregation way to deal with taking out their workers since they expected to take out the workers that were utilized however not playing out their employments well. 8.1 - Workplace Diversity Training The assorted variety program that will be intended for approaching green bean will, first, comprise of preparing towards the entirety of the ethnicities of the college. Further, all ethnicities of the college will be spoken to on the grounds that the green bean will, undoubtedly, experience the entirety of the ethnicities at any rate once during their term as an understudy at the college. Second, the assorted variety program will comprise of preparing for both male and female understudies. Ladies are not by any means the only ones that have issues with racial remarks or inappropriate behavior in the work environment. Men are additionally exposed to this treatment. Therefore, the preparation ought to be outfitted towards the two people. Third, the green bean will be gone into bunches where they will pretend circumstances in which they may get themselves. All ethnicities of the college probably won't be spoken to in the understudies present, yet the pretends will incorporate a content for all ethnicities.Males will find assorted variety and badgering in the work environment from a female's point of view, and the females will get the chance to depict the guys. The various ethnicities will get an opportunity to depict another ethnicity and understand the circumstances with which they are introduced. The decent variety program will likewise have preparing

Interesting place free essay sample

On the off chance that you accepted the house you were living in was spooky would you escape town or would you attempt to suit your home for your spooky visitor? Me myself I would run and never return, anyway one lady by the name of Sarah Winchester concluded that she would give settlement to her spooky guests in her entire seven story manor. A while ago when I was in center school me and my grandmother was viewing the revelation channel and a piece entered which they were discussing this peculiar riddle house, we were living in the cove zone at that point and my grandmother turned out to be intrigued they were currently doing voyages through the house in San Jose California and she needed to take me and my mother. The house was reputed to be spooky so I didn’t truly need any pieces of that trip, I wound up getting tricked into taking the outing at any rate. We will compose a custom article test on Fascinating spot or on the other hand any comparable theme explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page This was by a wide margin the most odd spot I have ever been as well. Before I talk about my excursion anyway I should give you a little history exercise on who Sarah Winchester was. The Winchester puzzle house is a chateau in San Jose California; it was at one time the individual living arrangement Of Sarah Winchester the widow of the firearm making big shot William Wirt Winchester. Winchester rifles were known as the â€Å"guns that won the west†. Sarah and William Winchester had first lived in Boston in the late 1800’s, their lone kid passed on as a newborn child and not long after Sarah Winchesters spouse William had kicked the bucket of a disorder. As you can envision Sarah Winchester went into a profound discouragement. She minded her own business and she turned out to be keen on the soul world, In actuality she accepted that phantom had slaughtered both her significant other and her little girl. Presently to begin with the frightening stuff, legend says during a seance she spoke with her better half on the â€Å"other side† when I state opposite side I mean she was conversing with her dead spouse William Winchester. During their â€Å"talk† he offered her some guidance on the most proficient method to shield herself from the shrewd spirits of American Indians, Civil War fighters and others executed by Winchester rifles that ended the lives of both him and their little girl. During their discussion her significant other trained her to move west and make a house that would suit for the spirits. Here’s the trippy part as long as development of the house never stopped Sarah Winchester could have confidence that her life was not at serious risk. So move west she did she found an old homestead house and transformed it into a chateau, the house was ceaselessly being built on in actuality there were changes made to the house each and every day for a long time until the day she passed on. Obviously cash was no issue to Mrs. Winchester the rifle business had her basically rich always, during the visit I recollect the visit manage saying she made around a thousand dollars every day, so the expense of development was actually no issue. This lady may have been insane however she had lovely taste, her home was delightful, unusual yet exceptionally excellent. The was mahogany and marble all over, sculptures, a dance hall and 3 lifts, even a lift that moved on a level plane rather than vertically, unique right? In any case, there are explanations behind everything this lady did to her home as I discovered during the voyage through the house. The visit control disclosed to us that she would surrender it over to us to choose why Winchester truly fabricated the house in the way she did, however on the off chance that we truly needed to comprehend the unusual in her, at that point you would need to comprehend that Sarah Winchester accepted spirits were consistently around her and she accepted that she was in line with the soul world. She likewise advised us to not wander away from the gathering or that we could get lost for a considerable length of time. The house contains numerous highlights that were utilized to trap or befuddle spirits. To get around the house you need a guide, the house was large enough to be a high rise and was fabricated strangely. There were flights of stairs that prompted the roof, entryway that would open to block dividers or various flights of stairs, in one case, while we were on the third floor the visit control opened an entryway that prompted the outside air. There aren’t any mirrors in the colossal chateau since Winchester accepted phantoms feared their own appearance. During the visit it got extremely frightening when the visit revealed to us we were gone to the seance room and that it would take us around 10 to 15 minutes to arrive. Sarah Winchester was jumpy and she didn’t need any terrible spirits to follow her to her private seance room, so the course to the room resembled a labyrinth. We would stroll through a to an entryway in the entryway in this passage, open the entryway and it’s a widow to move through that prompts a flight of stairs that prompts another corridor. Unexpectedly during the visit I recollect the visit control saying â€Å"get prepared for this†. She pressed a catch and a board flew back towards us she stepped on it and floated over from one side of the complex of her home another, after she sat tight for us too all skim over she opened a window in that side of the house and we as a whole move through not to the outdoors however to another dropping flight of stairs that prompted a way to an upwards step case on a similar level as in the past, all inside the house. At long last we got to a passage that prompted an entryway that was the seance room. We were unable to go into the room anyway in certainty there were numerous rooms in the house that were not to be seen by general society, that made things simply that progressively frightening to me. Sarah Winchester was such a loner, that when the leader of the United States Theodore â€Å"Teddy Roosevelt stayed with her manor, nobody opened the front entryway for her. Truth be told the pricey mahogany entryway was just utilized once by Mrs. Winchester the day it was introduced. Very little is known about this ladies since she minded her own business she moved away from her family and didn't stay in touch with her , she didn’t even keep a diary so nobody truly recognizes what was happening in this woman’s head. That’s what makes it so intriguing to me, creep and strange yet by a wide margin the most fascinating spot I have ever been still.

Case analysis Study Example | Topics and Well Written Essays - 2000 words

Examination - Case Study Example He talks in a surge of words that allude to the world and how â€Å"screw up it is†, when he thinks about back the horrible experience he experienced. Indications of PTSD can be enacted by sounds, recollections, and dreams connected to the past injury (American Psychiatric Association, 1994). What's more, seeing the items or the individuals who may have taken some part in the injury may trigger the manifestations of PTSD. He frantically needs to call his sister since he feels that she could be a wellspring of comfort when he is in issues. Jack shows post-horrible pressure indications, which are characterized into three DSM IV classifications. First is the relentless re-encountering of the occurrence, which is additionally alluded to as the meddling signs. In this classification, the casualty could be encountering clear memories, bad dreams and a sentiment of re-living the episode. Second is the steady avoidance of any boosts, which may help them to remember the horrible condition. At last, is where the casualty encounters hyperaousal condition that causes hepervigilance, rest interference, and surprise reflexes (Yehuda et al. 2002) . The outcome of every one of these practices is some degree of mental mutilation, which keeps the casualties from partaking in their day by day exercises. Different signs incorporate terrible temper, enthusiastic obligation, disturbance, and here and there ejection of rough conduct. On the off chance that Jack isn't treated on schedule, he may result to substance maltreatment trying to look for self prescription. Contingent upon the length that Jack has experienced this issue since he encountered the horrible mishap, the turmoil can be arranged dependent on the DSM IV 4 including intense pressure response, intense PTSD, ceaseless PTSD and postponed beginning of PTSD. A multiaxial Diagnostic System ordinarily meant as DSM-IV-TR utilizes demonstrative framework with 5 levels utilized in the characterization of disarranges and ailments. These five levels help whoever is giving a

MPA App Deadline (with fellowship consideration) COLUMBIA UNIVERSITY - SIPA Admissions Blog

Four days post the MIA/MPA App Deadline (with fellowship consideration) COLUMBIA UNIVERSITY - SIPA Admissions Blog The first application deadline has passed and the admissions staff is busily processing all submitted applications.     A few of the submitted applications are missing a couple of items so they are in our Awaiting materials bin until completion.   However, the majority of the applications submitted are complete and have already moved forward for review.     Congrats! But we did notice a couple of applicants mistakenly did not complete all three required essays: Why are you interested in pursuing your MIA or MPA degree at SIPA? How will a degree (and intended concentration/specialization) from SIPA enable you to achieve your career goals? Describe your academic and research interests and career objectives. Be sure to include details regarding the features of SIPA that you believe are integral to helping you in your career pursuits.(400 words maximum) What policy/public service issue(s) are you passionate about and has personally motivated you to make an impact on the world? What have you done thus far to lead change and promote social good?” (200 words maximum) What will your classmates be surprised to learn about you? (200 words maximum) If you are a re-applicant, you will also need to respond to the Re-applicants Only essay: How have you enhanced your candidacy since your previous application?   Please detail your progress since you last applied, and address how you plan to achieve your post-MIA/MPA and long-term professional goals. (500 words maximum). There is also an optional essay for any applicant who has something more to say about their candidacy.   There is no word limit; however, use some discretion and keep it within reason. Please make sure all your materials are submitted by the indicated deadlines for consideration.   If you forgot to upload required materials and clicked the submit button No worries, you may still upload them into your application.   If you have trouble doing it yourself, please let us know.   You can find a checklist of required admission-related items on our website. You may track your application status by logging back into your application account any time.   Materials submitted and received will be reflected as we process them this may take up to 10 days.   If you are reading this post over the weekend, dont check now and freak yourself out there was a glitch in the system today that changed all received materials to awaiting material status so if you submitted and you see this in your application status, relax.   We got you.   The tech team is working on this and will have it resolved early next week.   An application that is (submitted and) complete goes to the Admissions Committee for review.   Once an admission decision is reached, you will receive an email to check your account again (this will happen in March); so dont lose your application log in information. For now, dont lose sleep and enjoy your weekend.

Sun Life Stadium - Free Essay Example

Joshua Lyke ENC 1101 Prof. Abbondanza Description Essay Word count 1,137 Sun Life Stadium â€Å"†¦And that’s another Miami Dolphins first down! † The crowd roars with approval as their hometown team advances down the field, driving for a touchdown. This is the now familiar sound to me out of Sun Life Stadium, home to the Miami Dolphins football team along with the Florida Marlins baseball team. Foam fingers, football jersey’s, and the smell of shirtless Dolphin fan’s in the humid South Florida heat all add up to the perfect Sunday afternoon on those very memorable occasion’s. Throughout my life I had always longed for my chances to hitch a ride with a family member or friend, being the backup plan for a spare ticket. And when my opportunities came I never hesitated to take the hour long ride down to that modern age coliseum. Which for Sun Life Stadium the term â€Å"coliseum† is the most proper description as its architectural beau ty surely rivals that of Rome’s historical battlegrounds, the atmosphere can be felt from miles around to all who come to embrace the spirit of competition that is within its confides, and the long lasting memories I’ve experienced while there are to be held closely to me and each member of this brotherhood of football fans. Truly Sun Life Stadium is a place worthy of being considered more than just a tourist attraction. I hold a special significance to this stadium as I have been there before and had the pleasure of enjoying that age old test of skill called professional sports. Sun Life Stadium is known well for its architectural beauty, such as the unique swirling ramps alongside the corners of the stadium. These ramps are used to transport spectators through the level system up the stadium, while doing so also building up anticipation. Once I’ve arrived to the tunnels leading out to the stadium seats I notice the beautiful view of the spacious parking lot filled with thousands of fellow spectators, all flooding the entrance. Stepping upwards through the long dark tunnel I notice a wide wave of bright orange with speckles of vibrant teal. Next to attract my eyes are the enormous crystal clear scoreboard’s standing on either end of the massive bowl, replaying every game changing second of play in high definition. Two seated decks angled to focus attention on the field below allow even those in the â€Å"nose-bleed† section to get a good look at the action. Sun Life Stadium is constructed to hold over seventy-five thousand people on any given Sunday. The stadium itself rests on two-hundred and eighty acres of land; one-hundred and sixty of those acres comprise what resembles an over-sized orange bowl. Progressing down the nearly infinite steps I approach a specially formatted field close to one-thousand square feet, groomed to transform between a fully functional football and baseball field. All those who attend an event at Sun Life Stadium are sure to marvel at its strikingly elegant simplicity. Competition is what has driven even the most primitive sports and the atmosphere around Sun Life Stadium is purely that, seeping into the veins of all the die-hard fans traveling towards its gates. Suspense is usually the overwhelming emotion felt within the audience as they sit on the edge of their seats, hopeful for a miracle comeback or perhaps to retain their narrow lead. As I walk around the spiral ramp towards my seat I listen to the roar of the crowd, simultaneously chanting with the announcer. People are all around me arguing over statistics, team records, and star players all trying to show their team pride. Store windows are lined with various memorabilia, selling any common item that a team insignia can be slapped on. Hundreds of concession stand employees shouting over the passing crowd, trying to entice potential customers with the thoughts of delicious treats and thirst quenching r efreshments. Approaching the field, floor-shaking stomps can be felt under my feet spreading outwards on the grey floor. The loud thuds of clashing pads or the crack of a bat are followed up with the shouting of coaches as strategies for both teams are being given. In the end some have to walk away defeated and some victorious, either way the spirit of the game continues even after Sun Life Stadium is far out of my rear view mirror. Although I have many fond memories of Sun Life Stadium they all have come in just a few visits. Growing up I never had the fortune of season tickets or the pleasure of heading down to Miami on Sunday to watch my favorite team play. However, once I was near eight years old some friendly neighbors at the time took notice to my passion for sports. I still remember the day they took me to my first baseball game, I was anxious to say the least. Once I got there it was better than I had hoped for, watching a homerun soar over the left field wall off the bat of my favorite player Mike Lowell. In the souvenir shop I got a Marlins t-shirt and a poster to hang on my wall at home. A few years later some relatives of mine decided to treat me to my first Dolphins football game as a birthday present. Even though I had been to Sun Life Stadium once before it still felt like a new experience. Outside the stadium I got my first chance to tailgate, we had a few subs as I played a game of football with some fellow Dolphin fans. After finding my seat I looked around and got a sudden feeling of being under prepared. Everyone seemed to either have their face painted or was dressed from head to toe in orange and teal. How I was dressed didn’t seem to matter to them, I still got a high five and an â€Å"oh yeah! † every time the Dolphins made a good play. I never remembered a hotdog tasting as good as it did when I went for a halftime snack. I have so many memories from just those few hours of fun, and every one of them I hope I can relive soon. In short, Sun Life Stadium is a shining example of how far professional sports have come. The stadium represents the art and mysticism of a coliseum in a modern form, has an atmosphere filled with strong emotions, and brings great memories to everyone in the audience. Sun Life Stadium has been remodeled and had a few name changes, but its purpose stays the same. It is a meeting place for all who won’t settle for watching the game from the couch, a common ground for those who consider face painting an art form, and a sanctuary to games that have stood the test of time.

How Athletes Are Overpaid - 794 Words

How much of an importance on productivity do athletes have on today’s society? Whether they have little to none, their contracts and endorsements tend to say otherwise. For example, David Beckham, a retired Los Angeles Galaxy soccer player, has received a forty-eight million dollar career total, while a GS-13 level astronaut makes roughly one hundred-thousand dollars a year. Some say that athletes earn their money just as we do, but that is not so apparent. Another example is how Kobe Bryant is making twenty-three million dollars this year. According to his agent though, â€Å"his on court abilities plus his talent justify his earnings,† if this was the point in all jobs, then doctors and lawyers would be making millions while athletes are put on the backburner of society. This issue is so insanely horrible that bottom-of-the-totem-pole athletes are still making hundreds of thousands more than most PhD graduates receive. Same goes for injured players too. If an athlete is injured, then he is unable to play, yet he still receives his money, because once the contract is signed, what is done is done. Athletes were not always paid more than CEOs in today’s market. In early stages of the American Football system, when it was not corrupted, almost all of the players had to have a normal day job on top of playing, because they played for fun, not for money. In today’s economy, athletes and their pay checks are far too large considering they are only used for entertainment, and theyShow MoreRelatedProfessional Athletes Salaries1023 Words   |  5 PagesSport Athletes’ Salaries Are professional athletes overpaid? This topic has been argued for some time now. It is said that pro athletes are paid way too much money for playing a sport. On the other side, there are the ones that say that the money is fairly deserved because of their hard work to get to where they are. Should pro athletes salaries drop or stay as is? Do the top athletes deserve their pay? Athletes deserve the money they receive because of their hard work, dedicationRead MoreAre Athletes Overpaid Or Overpaid?1012 Words   |  5 PagesAre Athletes Overpaid In the new era that revolves around technology, athletes are in the mainstream media every day. Whether it is on ESPN, CBS, or FOX Sports, athletes are in our faces constantly. Along with their faces, we also see their contracts. These athletes are making millions of dollars play a sport. A common question athletes hear do they think they are overpaid. This question is often not asked to other professions and is only commonly asked to athletes. They usually don t know how toRead More Athletes Essay1124 Words   |  5 PagesHow much money does the average person really need to be able to eat three times a day, have a roof over their head, send their children to school and have a car? All this could be done on an income between $30,000 and $40,000 easily. But somehow it was decided that people who labour harder than most, city workers, janitors and factory workers, would be paid less than someone who sits behind a desk all day or someone who plays a game for a living. Today athletes are the highest paid people in theRead MoreHow The Nba Is The Most Economically Important Occupations?886 Words   |  4 Pagescontroversies. People are trying to discredit a profession and saying it’s overpaid. That’s very disrespectful to many people , but it’s a reasonable statement to many people. The NBA is a specific league that people heavily criticize. NBA players make the most on average out of any sports. A lot of people feel NBA players or any professional athlete in general are overpaid. They feel this way because they think athletes don’t provide anything necessary for our society. They feel they only provideRead MoreAre Celebrities Overpaid? : The Entertainment Industry1663 Words   |  7 Pages2016 Are Entertainers Overpaid? The entertainment industry in America has taken businesses to new heights and provided everyone with something to always look forward too. Americans love entertainment and are always willing to pay, but is it worth the price of millions? Today s entertainment has reached its peak, but Americans are starting to question whether or not the entertainers truly deserve the money they are given. Are entertainers paid what they deserve or overpaid by hundreds and thousandsRead MoreAre Nba Players Overpaid?1513 Words   |  7 PagesAre NBA players overpaid? The subject of money can be very controversial when it comes to sports in general. Whether it is the NFL, NBA, or MLB, they all exist because of large sums money. The NBA in particular produces billions of dollars of revenue each year in advertisements, ticket sales, apparel, and other forms. Through these different forms of revenue, a portion of this money goes to all 30 teams in the NBA. In the millions of dollars that each team receives, parts of it go to the ownersRead MoreReasons Why Athletes Get Paid769 Words   |  4 Pagesit generates billions for each sports industry, and the players involved in their sport deserve a cut of that money earned. I claim that athletes are not overpaid because they earn revenue for their team, less than 2% make it to the professional level, and PGA players earn most of their money through tournament winnings. To start things off professional athletes deserve their pay. The amount of revenue earned by these players for their franchise is an extreme amount compared to what they get paidRead More OVER PAID ATHLETES Essay945 Words   |  4 Pages Argument I believe professional athletes are overpaid. These athletes are making millions of dollars to have fun and play. They are getting paid to do what elementary kids do every day. Professional athletes are should be paid about sixty to ninety thousand a year. The reason I say this much is because they are at a professional level and have worked hard to get to that status. In theory, professional athletes are overpaid because the U.S. is more focused on entertainment value in today’s societyRead MorePro Athletes are overpaid999 Words   |  4 PagesPro Athletes are Overpaid Sports are part of the everyday life of many people across the world, and in the United States sports are even more present in its societys life due to the fact that there are four major sports in the country. But should the professional athletes from these sports earn salaries as high as ten or twentieth times more than the national average wage? The answer should be NO. Professional athletes must be well remunerated but can not be overpaid when there are many issuesRead MoreAre Professional Athletes Overpaid?1215 Words   |  5 PagesAre Professional Athletes Overpaid? â€Å"I think a man with a helmet defending his country should make more money than a man with a helmet defending a football† (Schrock). David Price, Toronto’s new ace pitcher, signed a contract for 217 million dollars, in the 2015 season (Kennedy). The average salaries of jobs are much less elaborate and troublesome, are considerably lower than what athletes are receiving. A young private entering the army will receive around 34,008 dollars in his first year defending

Taking a Look at Capital Punishment - 1004 Words

William Furman murdered William Micke on August 11, 1967 in Savannah, Georgia. Furman was unemployed, and only had a sixth grade education. William Furman became depressed, and started to commit theft for food and money. Furman was caught stealing several times, but was only given a light sentence. At 2 a.m. on August 11, William Furman broke into the house of William Micke, while Micke and his five children were sleeping. William Micke heard a noise and went downstairs to see where the noise was coming from. He spotted Furman, and Furman ran for the back door. William Furman tripped over an exposed wire and the gun in Furman’s hand went off. The bullet hit William Ficke, killing him instantly. The Furman v. Georgia case started in the district court and then moved up to the appellate court. Furman was sentenced to death by the appellate court after a one day trial. He made the argument that his eighth and fourteenth amendment rights were being violated. The case m oved up to the Supreme Court of the United States. In the trial, Furman had four main arguments: most western nations had abolished capital punishment because it was an unsuccessful way to deter crime; juries only handed out about 100 death penalties each year, and only about 50 prisoners were sentenced to death so capital punishment was not being issued objectively; national prison records stated that executions almost always involved black prisoners; and the only reason why capital punishment hadShow MoreRelatedTaking a Look at Capital Punishment1003 Words   |  4 PagesCapital punishment is a topic highly debated upon. For years the court systems have been debating whether the criminals deserve this strict punishment or not. However, despite the verdict from the judge, people have still been divided on whether capital punishment does more harm than good. A major subject that comes up is if the government has a justifiable reason for killing convicted people. Some only look at the negative but there are plenty of reasons why this is a positive action. Capital punishmentRead MoreTaking a Look at Capital Punishment677 Words   |  3 Pagesdeath penalty for alleged criminals in the United States needs to change because there is an unacceptable number of posthumous exonerations, and a negative generational impact on the family of the accused. The death penalty is a common method of capital punishment in the United States, used mainly for serious crimes such as murder. Currently, there are five different authorized methods of execution in this country: hanging, electrocution, lethal gas, firing squad, and lethal injection. Of these five,Read MoreTaking a Look at Capital Punishment1080 Words   |  4 Pages Since 1608, legal systems have used capital punishment as justice. â€Å"As of November 2014, 32 states have the death penalty. There have been a total of 1348 executions from January 1977 to the end of 2014† (capitalpunishmentuk). The capital punishment only affects those who sentenced in the crime of rape or murder. The most popular death method is lethal injection. There are other options such as â€Å"electrocution, hanging, shooting, and the gas chamber† (capitalpunishmentuk) but theses alternativeRead MoreTaking a Look at Capital Punishment606 Words   |  2 PagesWould you rather want the murderer of your loved one to have a capital punishment or do you want them to spend their entire life in a prison cell? That question raises a lot of controversy to the public because of the capital punishment. To prevent criminals from killing they are given a capital punishment who has committed horrendous crimes to satisfy oneself, but many people think that criminals shou ldnt be given death penalty because it decreases the value of life. In the article â€Å"Death andRead MoreTaking a Look at Capital Punishment2178 Words   |  9 PagesCapital punishment also known as the death penalty is a sentence which requires the use of deadly force on high risk inmates. This form of punishment has become a controversial topic for many debates. 58 nations are currently using capital punishment in their justice systems, 97 countries have decided to abolish it completely. Canada decided to abolish capital punishment from the Canadian Criminal Code in 1976, and many argue whether the abolishment had any positive outcome on Canada’s justice systemRead MoreTaking a Look at Capital Punishment764 Words   |  3 PagesDeath penalty is also known as capital punishment. Capital Punishment is a penalty of execution, administered to someone legally convicted of a capital crime. The death penalty was established in America in 1608. The British influenced America to use the death sentence. The first recorded practice of the death penalty in America was to Caption George Kendall in Virginia, he was found guilty of being a spy for Spain. However, the death penalty came long before Captain George Kendall. The first establishedRead MoreCessation of Life: Who are we to choose?- A look into the Death Penalty686 Words   |  3 Pages The topic of capital punishment is a hot one. Human beings are capable of doing some monstrous things. For a victim of a heinous crime, sometimes the only justice seems to be an eye for an eye. And most of the time those victims look to our court systems to provide that justice. But is death the answer? I believe that with human fallibility and the fallibility of our court system as variables, that a sentence that cannot be overturned should not be passed down in any case, especially when thatRead MoreA Hanging By George Orwell1141 Words   |  5 Pagesconvey his argument against capital punishment. Orwell as an officer of the law is sworn to enforce the laws of the state, even if he disagrees with them morally. Orwell wrote â€Å"A Hanging† using an event he acted in to describe his point on why capital punishment is a crime against nature. Although as a police man he could not oppose the law, his story â€Å"A Hanging†, Orwell shows his opposition through many s ymbolic forms. Like Orwell I too am against capital punishment, by writing â€Å"A Hanging† GeorgeRead More Capital Punishment Essay - Justice in Retribution1470 Words   |  6 PagesCapital Punishment: Justice in Retribution       The American government operates in the fashion of an indirect democracy. Citizens live under a social contract whereby individuals agree to forfeit certain rights for the good of the whole. Punishments for crimes against the state are carried out via due process, guaranteed by the Fourteenth Amendment. The use of capital punishment is decided by the state, which is legal in thirty-seven states. It is a moral imperative to protect the states rightsRead MorePersuasive Essay On Capital Punishment906 Words   |  4 PagesWhen talking about social injustices, capital punishment is the worst one of all. It is the final straw of any government sanctioned disciplinary action. There is no going back, no reversing or patching up mistakes. When a government makes the decision to exact capital punishment on someone, that’s it. They can no longer redeem themselves, atone for their sins, and try to contribute to society in a good, well-mannered way because they will no longer exist i n this world. This act of ‘justice’ is clearly

Ludwig Van Beethoven And Western Music - 1262 Words

Beethoven is perhaps the most famous musician of all time. Ever since his death in 1827, he has been a principal figure in the history of Western Music. His influence later on was so enormous to other composers, that it actually intimidated them. Ludwig van Beethoven was born in 1770, to a family of musicians at the royal court of Cologne. His name descended from his grandfather, who settled in Bonn in 1732. Both his father and grandfather were professional musicians who performed at the court of Elector. In the important town of Bonn. Beethoven was greatly respected, but his dad was more of a problem. Beethoven’s father, left him many unpleasant memories one starting off with him being an alcoholic. since he became an Alcoholic.†¦show more content†¦Financially, the first two years in Vienna were very difficult for Beethoven. His first home was in a basement. He had to spend money for furniture, a piano, and clothes, in order to make a name for himself. Even if his sense of style was not on point, his talent and personality made up for it. Most of his income were gifts from aristocrats, where he held concerts. Later, money came from author’s rights – he managed to publish his works right from the start, which was not an easy thing at that time. In the first years of his stay in Vienna he raised the extra money he needed from public concerts and tours. He didn’t like to be a teacher; nevertheless he gave private lessons, especially to young aristocratic girls. Usually they took lessons until they got married, after which they almost completely abandoned them. Among Beethoven’s students there were also famous pianists, talented and distinguished ladies like Tereza Brunswik or Dorothea Ertmann. (Beethoven’s fame was growing by the day. On March 29th-30th 1795, Beethoven was invited to his first Academy – a charity event for the widows and orphans of musicians. On December 16th 1795, the already famous B eethoven was invited to Haydn’s Academy, despite the tense relationship between the two. In the same period, Beethoven had the satisfaction of yet another victory. For the artist’s annual ball, Vienna’s most acclaimed composers wrote dances:Show MoreRelatedThe Classical Romantic And Modern Era1058 Words   |  5 PagesLudwig Van Beethoven was German Composer Pianist I have never thought of writing for reputation and honor. What I have in my heart must out; that is the reason why I compose Ludwig Van Beethoven piano compositions were published at the age of thirteen. He took a simple ideas creates his worksRead More Ludwig Van Beethoven Essay1285 Words   |  6 Pages German composer and pianist, Ludwig van Beethoven, was born December 1770 and spent most of his life in Vienna, Austria. His first teacher was his alcoholic father, who worked as a musician at the Court of Bonn. Teaching him day and night, Ludwig suffered from his fathers harsh and erratic behavior. For a time, he and his father played at the Church. As his fathers alcoholism increased, Ludwig became the main musician. Beethovens talents were discovered at an early age, and he was sentRead MoreEssay about Life of Ludwig van Beethoven1182 Words   |  5 PagesLife of Ludwig van Beethoven Ludwig van Beethoven, also known as â€Å" The General of Musicians,† was born on December 16, 1770. However, this date is not exact because it is believed that Beethoven’s father lied about his son’s age in order to portray him as an infant prodigy. As a result, Beethoven is convinced he was born on December 16, 1772 at the Rheingasse home, which belonged to the Fischers, who were close friends of the family (Orga 8). Johann van and Maria Magdalena BeethovenRead MoreLudwig Van Beethoven1210 Words   |  5 PagesLife of a Legend Ludwig van Beethoven, also known as The General of Musicians, was born on December 16, 1770. However, this date is not exact because it is believed that Beethovens father lied about his sons age in order to portray him as an infant prodigy. As a result, Beethoven is convinced he was born on December 16, 1772 at the Rheingasse home, which belonged to the Fischers, who were close friends of the family (Orga 8). Johann van and Maria Magdalena Beethoven bore five childrenRead MoreThe Music Of Ludwig Van Beethoven1600 Words   |  7 PagesLudwig van Beethoven is known for much of his musical accomplishments. One of his most famous is that he is deaf and yet one of the best musical composers of the classical and romanic area. Beethoven has always been one of my personal favorite composers. When I grew up and started taking piano, Beethoven s Fur Elise was my first large classical piece. Ever since that point on I insisted that when we were in Germany we see his home, and that we did. In this essay I will be explaining Ludwigs YouthRead MoreLudwig van Beethoven Essay952 Words   |  4 Pagesclassical music period. Ludwig van Beethoven was one of the composers, along with other greats of the time like Haydn and Mozart, which helped to create a new type of music. This new music had full rich sounds created by the new construction of the symphony orchestra. Ludwig van Beethoven was born in the town of Bonn, Germany on December 16 of 1770. Bonn is located in western Germany on the Rhine River. Beethoven showed an affinity for music at an early age. His father, Johann, taught Ludwig toRead MoreThe Classical Era And The Age Of Enlightenment1123 Words   |  5 PagesLudwig Van Beethoven was a musical masterpiece. He never let problems interfere with his work. He was born in the baroque period, lives a life of fifty-four years, and contributed so much romance in his life although never being married or having kids. Beethoven is well known for his work and will forever be known as a Romantic influencer. Beethoven dedicated his whole life to his music. He never let bad situations fully tear him apart from writing and playing music. The historical period that LudwigRead MoreThe Music Of Ludwig Van Beethoven900 Words   |  4 PagesLudwig van Beethoven All throughout music history lived many composers that have impacted not only the societies in which they have lived in, but modern-day society as well. These particular composers have given many societies the chance to listen, feel and express themselves through music and instruments that were invented centuries ago that still remain essential components of music today. One example of a composer that changed the music world drastically was a man by the name of Ludwig van BeethovenRead MoreThe Greatest Composer Ever By Wolfgang Amadeus Mozart795 Words   |  4 Pagesand Violin Concerto all share a common trait. If you said Ludwig van Beethoven, you would be correct. One of the greatest composer ever, only to be rivaled by Wolfgang Amadeus Mozart. He happened to be deaf when he created many of his famous works. Today, I am going to tell you about his childhood, early life, then to his later stages in life where he was deaf. But it was when he became deaf, he produced his greatest w orks of music. Ludwig was baptized on December 17, 1770 in Bonn Germany. ManyRead MoreBeethovens Life Outline1208 Words   |  5 Pages1. Intro: Composer Ludwig van Beethoven was an innovator, widening the scope of sonata, symphony, concerto, and quartet, and combining vocals and instruments in a new way. His personal life was marked by a struggle against deafness, and some of his most important works were composed during the last 10 years of his life, when he was quite unable to hear. He is an crucial figure in the transition between the Classical and Romantic eras in Western art music, a pianist, a composer who remains one of

Expectations of First-Line-Supervisor in Law Enforcement...

Expectations of a First-Line Supervisor in a Law Enforcement Agency By Daniel Parra Supervision in the Criminal Justice Field Professor Chavez May 15, 2013 Abstract The first-line supervisor in law enforcement is commonly referred to as a Sergeant. These positions are of great importance to a law enforcement agency. There are many pros and cons to becoming a first-line supervisor. These positions are tasked with the expectation of maintaining a level of balance within the patrol ranks, as well as remaining fair and impartial among those ranks. There are also many expectations of subordinates. In order for both parties to meet these expectations requires a close working relationship. The first-line supervisor in a law†¦show more content†¦A supervisor must remain approachable from their subordinates. With this approachability and accessibility the supervisor will be successful in building a better working relationship. The difficulty with some supervisors is the ability to draw the line between having a personal relationship with their subordinates and a professional relationship. With a close working relationship a supervisor should be able to confront the subordinate and be able to resolve the issue. The resolution may range from simply counseling the subordinate, all the way up to possible disciplinary action. Approximately 25 percent of all law enforcement disciplinary action is due to drug use. (More amp; Miller, 2007) Supervisors must remain vigilant on possible drug use. Many supervisors are unwilling to discipline their subordinates, which could ultimately lead to their downfall. When disciplinary action is necessary it is the responsibility of the supervisor to remain fair and impartial. When initiating disciplinary action the supervisor must put aside any personal feelings toward the subordinate, and act solely on a professional level. They must act in the best interest of the subordinate and the department as a whole. It is important that when the disciplinary action is necessary it is done in a constructive manner. When the disciplinary action is constructive it allows the subordinate to accept their mistakes, and learnShow MoreRelatedMechanisms For Risk Management And Control1671 Words   |  7 Pagesenforcing the law without violating the rights of the citizens they are sworn to protect. The thought of providing this type of oversight and close supervision seems nearly impossible—there are far too many officers and far too few supervisors who already have a myriad of tasks. However, while this might first appear as an exercise in wish fulfillment, the solution lies in a tool that most agencies are already utilizing: the body-worn camera (BWC). 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Managed risk upon multiple lines to protect sensitive information, personnel, property, and equipment valued more than $50M while meeting the expectations of executive leadership. Possess extensive knowledge of military Project Management, Personnel Management, and Information Technology. Recipient of numerous awards for outstanding performanceRead More Aspects and Impacts of Generational Diversity Essays3584 Words   |  15 Pages This paper examines several aspects of generational diversity and its impact on law enforcement organizations. As the law enforcement profession prepares to move into the future it must also make ready for a changing of the guard, which will soon take place. The Traditionals and Boomers have been joined by two younger and vastly different generations of employees who bring new perspectives to law enforcement. 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The police are given one toughest tasks in the world, and that is with preservation wellbeing of the public. When dealing with people that those that violate the law and situations that creates, the police are authorized to use as much as force as necessary and within reason to protect themselves and others

Mens Rea Free Essays

2 The elements of a crime: actus reus and mens rea Introduction The traditional starting point for the study of criminal law is the constituents of a criminal offence: actus reus (often referred to as the prohibited conduct, but more accurately described as the external elements of the offence) and mens rea (often referred to as the mental element, but more accurately described as the fault element). Commentators and students alike want to ? d consistency and certainty in the application and development of the criminal law, and most criminal law textbooks dealing with the elements of crimes try to state principles that the student should see consistently applied in later chapters covering speci? c offences. The main problem is that the offences have developed in a piecemeal fashion, exhibiting no underlying rationale or common approach. We will write a custom essay sample on Mens Rea or any similar topic only for you Order Now Thus in examining actus reus, the student might be covering an offence de? ned in modern terms, e. g. , by the Criminal Damage Act 1971, or in obscure outdated language, e. . , in the Offences Against the Person Act 1861, or the de? nition of actus reus may arise from the common law, perhaps amended or augmented by statute, e. g. , murder. Similarly, when we examine our approach to mens rea, we can see little common ground. If the offence requires the prosecution to prove intention, this must generally be left to the jury without detailed guidance from the trial judge (R v Moloney [1985] 1 All ER 1025); but if recklessness is the issue, a direction spelling out to the jury what they must ? d may be required. If one looks at the development of the concept of recklessness one can see that, prior to the decision of the House of Lords in R v G [2003] 4 All ER 765, a case involving criminal damage would have involved a court in trying to assess whether the defendant was reckless accordin g to the de? nition laid down in Metropolitan Police Commissioner v Caldwell [1981] 1 All ER 961. Following the abandonment of ‘Caldwell recklessness’ in R v G [2003] 4 All ER 765, the issue has been simpli? d so that a court now has to concentrate on whether or not the defendant was aware of the risk in question and if so, whether or not, in the circumstances known to the defendant, it was unreasonable for him to take the risk. The elements of a crime: actus reus and mens rea 9 If dishonesty is the mens rea (see Theft Acts 1968–1996) the jury must consider two speci? c questions (would ordinary people consider D dishonest? ; if so, did D realize that they would? ); but these are questions of fact for them to resolve (R v Ghosh [1982] 2 All ER 689). In other words, there are three different approaches in establishing the mens rea for different offences. A search for consistency is therefore a futile exercise! Students should therefore be aware that studying the chapters on actus reus and mens rea can produce a distorted impression of the criminal law. One is dealing with concepts in isolation and could form the impression that these general principles are consistently applied. One particular criticism is that the criminal law is not consistent in applying objective or subjective tests for liability. Objective tests consider what the reasonable person would have foreseen. Subjective tests judge the defendant on the facts as he honestly believed them to be. There appears to be an absence of any underlying rationale and the offences develop independently of each other. One can understand why Sir Henry Brooke (former head of the Law Commission) and many others wish for codi? cation of some, if not all, of the criminal law (see [1995] Crim LR 911—‘The Law Commission and Criminal Law Reform’). Even established concepts that have been applied by the courts for many years, may suddenly come under attack and be interpreted differently by the judiciary. Thus the House of Lords in Attorney-General’s Reference (No. 3 of 1994) [1997] 3 All ER 936, reversed the Court of Appeal decision ([1996] 2 WLR 412), holding that the doctrine of transferred malice could not apply to convict an accused of murder when he deliberately injured a pregnant woman in circumstances where the baby was born alive but subsequently died. Lord Mustill criticized the doctrine as having no sound intellectual basis and involving a ? ction, although the Criminal Law Review disagrees with his view ([1997] Crim LR 830). In this chapter questions have been chosen to cover all major aspects of this area. There are some problem questions, but candidates should expect the essay questions in an exam to be selected from these topics. Essays are therefore included on the important aspects of mens rea: intention and recklessness. Question 1 The practice of leaving the issue of intention to the jury without any judicial guidance as to its meaning is unworkable and likely to produce inconsistent decisions. Discuss this statement with reference to decided cases. Commentary There have been so many important decisions on this important aspect of criminal law, that it is always likely to be the subject of an examination question. 10 The elements of a crime: actus reus and mens rea Because the facts of R v Moloney [1985] 1 All ER 1025 are so well known, there is a temptation simply to regurgitate them with the House of Lords’ decisions. This must be resisted as there are many ingredients in the answer, which requires careful planning and organization. In summary, this is a question where it is quite easy to obtain a pass mark but dif? cult to obtain a high grade. Answer plan Mens rea †¢ Intention—de? nition †¢ Moloney [1985]—‘the golden rule’ †¢ Woollin [1998]—direction on intention †¢ Law Commission No. 218 Suggested answer Except with strict (or absolute) liability offences, in order for an accused to be found guilty of a criminal offence, the prosecution must prove that the accused committed t he actus reus of the offence with the appropriate mens rea. Mens rea generally signi? es blameworthiness, although in R v Kingston [1994] 3 All ER 353, the House of Lords con? rmed that the accused was guilty of an offence requiring the prosecution to prove intention, although he was morally blameless. Mens rea is the mental element, which varies from one offence to another; but generally, for the more serious offences, it comprises intention or recklessness, with intention being reserved for the most serious crimes. One would therefore think that, being of such fundamental importance, intention would be speci? cally de? ned and rigidly applied, but this is not the case. There have always been dif? culties with the concept of intention within the criminal law. What is it? How should it be de? ned? How do the prosecution prove it? How does the trial judge direct the jury? These issues have been the subject of much judicial and academic debate in recent years. Although the word ‘intention’ implies purpose or even desire, there have been many diverse de? nitions by the judiciary, and commentators have also identi? ed different types of intention. First, direct intent, where it was the accused’s purpose or motive to bring about a result. Thus in R v Steane [1947] 1 All ER 813, the accused, who assisted the enemy during the war, had his conviction quashed as the court decided that he did not intend to assist the enemy; he intended to protect his family, who would have been harmed had he not cooperated. Secondly, oblique intent, where the accused does not necessarily desire the result but foresees it as highly probable. Thus in Hyam v DPP [1974] 2 All ER 41, the House of Lords upheld a conviction for murder where the The elements of a crime: actus reus and mens rea 11 accused had set ? re to the victim’s house even though the accused’s purpose had been only to frighten the victim. Because there was evidence that the accused foresaw that death or grievous bodily harm was highly probable the House of Lords felt justi? d in concluding that her state of mind could be regarded as a form of intent (on this matter the law is now as set out in R v Woollin [1998] 4 All ER 103—see below). Thirdly, ulterior intent, where it must be shown that in intentionally doing one act the accused has a related purpose. Thus to be guilty of burglary under s. 9(1)(a) of the Theft Act 1968, it is necessary for the prosecution to prove that the accused, when deliberately entering a buildi ng as a trespasser, did so with a speci? c related purpose in mind, e. g. , to steal or commit criminal damage. It would not be suf? ient if the accused intentionally broke into the house with the sole purpose of sheltering from the weather. The terms speci? c and basic intent, are also used in respect of the defence of intoxication to distinguish between those offences where intoxication is permitted as a defence and those where it is not (see further DPP v Majewski [1976] 2 All ER 142). Although there is an overlap between intention on the one hand and motive and foresight on the other, and these latter concepts assist the jury in their deliberations on intention, it is clear that the concepts are not synonymous. Motive is the reason why a person acts, while intention is his or her mental awareness at the time of the act. Foresight can be evidence of intention, but it is not conclusive proof of it. Section 8 of the Criminal Justice Act 1967 states that a court shall not be bound in law to infer that the accused intended or foresaw a result of his actions by reason only of its being a natural and probable consequence of those actions, but ‘shall decide whether he did intend or foresee that result by reference to all the evidence, drawing such inferences from the evidence as appear proper in the circumstances’. The issue of intention was debated by the House of Lords in R v Moloney [1985] 1 All ER 1025 and R v Hancock and Shankland [1986] 1 All ER 641. In the former case, Moloney shot his stepfather from point blank range and was convicted of murder after the trial judge (following Archbold Criminal Pleading Evidence and Practice, 40th edn, para. 17–13, p. 995) directed the jury that: In law a man intends the consequence of his voluntary act: (a) when he desires it to happen, whether or not he foresees that it probably will happen, or (b) when he foresees that it will probably happen, whether he desires it or not. The House of Lords quashed the conviction on the basis that this was a misdirection, Lord Bridge stating that: the golden rule should be that, when directing a jury on the mental element necessary in a crime of speci? c intent (i. e. , intention), the judge should avoid any elaboration or paraphrase of what is meant by intent, and leave it to the jury’s good sense to decide whether the accused acted with the necessary intent, unless the judge is convinced that, on the facts and having regard to the way the case has been presented to the jury in evidence and 2 The elements of a crime: actus reus and mens rea argument, some further explanation or elaboration is strictly necessary to avoid misunderstanding. Although the decision may be criticized on the ground that their Lordships missed a golden opportunity to de? ne intention, it is in keeping with the modern trend of leaving more and more issues to the jury, especially the meaning of words in common use. For example, Brutus v Cozens [1972] 2 All ER 1297 (insulting); R v Feely [1973] 1 All ER 341 (dishonestly). This decision was followed by the House of Lords’ ruling in R v Hancock and Shankland, where Lord Scarman also made the point that if intention required a detailed direction it was best to leave this to the discretion of the trial judge who would have had the bene? t of hearing all the witnesses and gauging the ability of the jury. He added that the trial judge could not do as Lord Bridge suggested and simply direct the jury to consider two questions: ? st, was death or really serious injury in a murder case a natural consequence of the defendant’s voluntary act? ; secondly, did the defendant foresee that consequence as being a natural consequence of his act? —further instructing them that if they answer ‘Yes’ to both questions it is a proper inference for them to draw that the accused intended that consequence. Lord Scarman stated that the trial judge must refer to the concept of probability—the more probable the consequence, the more likely the accused foresaw it and intended it. Despite clear House of Lords’ dicta to the contrary, the Court of Appeal in R v Nedrick [1986] 3 All ER 1 did lay down some guidelines to the effect that the jury should not infer intention unless they considered that the accused foresaw the consequence as a virtual certainty. However, this decision has attracted criticism, and the Court of Appeal in R v Walker and Hayles [1989] 90 Cr App R 226 stated ‘we are not persuaded that it is only when death is a virtual certainty that the jury can infer intention to kill’. Nevertheless, the status of Nedrick was con? med by the House of Lords’ discussion in R v Woollin [1998] 4 All ER 103. The House, stating that where the simple direction was not enough, the jury should be further directed that they were not entitled to ? nd the necessary intention unless they felt sure that death or serious bodily harm was a virtually certain result of D’s action (barring some unforeseen intervention) and, that D had appre ciated that fact. This decision also illustrates one of the dif? culties of the present approach, i. e. , when is the issue of intention so complicated as to warrant a detailed direction? In R v Walker and Hayles, the Court of Appeal decided that ‘the mere fact that a jury calls for a further direction on intention does not of itself make it a rare and exceptional case requiring a foresight direction’. On the other hand, in R v Hancock and Shankland, the House of Lords con? rmed that the trial judge was right to give a detailed direction, even though the content of the direction was wrong. A further problem is that different juries may have different ideas as to what constitutes intention, some insisting on purpose being necessary, while others are prepared to accept that only foresight of a probable consequence is required. There is clearly the The elements of a crime: actus reus and mens rea 13 risk of inconsistent decisions and it is therefore not surprising that the Law Commission (Nos 122 and 218) have recommended that the following standard de? nition of intention be adopted: a person acts intentionally with respect to a result when (i) it is his purpose to cause it; or (ii) although it is not his purpose to cause that result, he knows that it would occur in the ordinary course of events if he were to succeed in his purpose of causing some other result. Question 2 ‘Mens rea is, by de? nition, the defendant’s state of mind. Discuss the accuracy of this statement using case law to support your argument. Commentary This question requires examination of some of the assumptions made about mens rea and the current trends in judicial thinking. Candidates would be expected to consider the main forms of mens rea and the extent to which courts are required to take an objective or subjective view of fault. Although ‘Caldwell recklessness’ has now been effectively consigned to legal history (for the time being at least) a good answer will need to show an awareness of that decision and its impact on the mens rea debate. Consideration also needs to be given to the issue of mistake and its relationship with mens rea. Finally, the answer should encompass some consideration of negligence as a form of mens rea and the extent to which its use accords with notions of subjective fault. Answer plan †¢ The nature of mens rea †¢ Intention—R v Woollin— House of Lords’ decision †¢ The recklessness debate R v G [2003]—abandoning Caldwell †¢ The treatment of mistake and its effect on mens rea—DPP v Morgan [1976] †¢ Killing by gross negligence—whether objective or subjective 4 The elements of a crime: actus reus and mens rea Suggested answer Although mens rea translates literally as ‘guilty mind’, relying on this as the meaning given to that term in modern criminal law is likely to lead to error. This is because a defendant may be found to have mens rea even though he himself has not acted with the intention of committing an offence, or even with the awareness that this might be the result. The better approach is to regard mens rea as denoting the fault element that the prosecution has to prove. In the majority of cases this will involve proof of some positive state of mind on the part of the accused, but in other cases it may be enough to show that the accused failed to advert to something that would have been obvious to the reasonable person. The two most important fault elements used in modern criminal law are intention and recklessness. It can now be said that, as far as these two forms of mens rea are concerned, liability cannot be established without evidence as to what the defendant foresaw when he committed the acts causing the prohibited results. Exactly what it is that the defendant has to have foreseen, and how much foresight he must be shown to have had, are questions that go to the core of the debate relating to where the dividing line between different types of subjective mens rea should be drawn. The modern de? nition of intention can be derived from a number of House of Lords’ decisions, notably R v Moloney [1985] 1 All ER 1025 and R v Woollin [1998] 4 All ER 103. A defendant cannot be guilty of murder unless he is proved to have acted with intent to kill or do grievous bodily harm. Where a direction on intent is deemed necessary, a jury should be instructed that they should consider the extent to which the defendant foresaw death or grievous bodily harm resulting from his actions. Only where there is evidence that he foresaw either consequence as virtually certain would it be safe for a jury to conclude that a defendant therefore intended either of those consequences. The key here is foresight. Section 8 of the Criminal Justice Act 1967 makes clear that foresight is a subjective concept—i. e. it is based on what the defendant actually foresaw— not on what he ought to have foreseen, or indeed what the reasonable person would have foreseen had he been in the defendant’s shoes. Taken together, the de? nition of foresight in the 1967 Act, and the House of Lords’ ruling in Woollin ensure that where intention is the required mens rea, there can be no doubt that it will be based on the defendant’s state of mind—i. e. , a subje ctive approach will be adopted. The rationale for this is fairly obvious—it is hard to describe a defendant as having intended a consequence if there is no evidence of it having occurred to him. Even where there is such evidence, if the possibility of the consequence occurring has only ? eetingly crossed his mind it would still be absurd to say he intended it. The law, therefore, requires a very high degree of foresight before a defendant’s state of mind is labelled as having been intentional. Recklessness, by contrast, implies risk taking, as opposed to the defendant foreseeing a consequence as a certainty. Here there has been great controversy over the past few The elements of a crime: actus reus and mens rea 15 decades as to the right approach to the determination of fault. The traditional approach to recklessness as a form of mens rea very much re? ected the view that mens rea had to be based on the defendant’s state of mind. In R v Cunningham [1957] 2 All ER 412, the Court of Appeal held that a defendant was reckless only if he took an unjusti? able risk and was at least aware of the risk materializing. The key point about this approach to recklessness was that there would be no liability if the risk never occurred to the defendant. Subsequently, during the 1980s a contrary view held sway, following the House of Lords’ decision in Metropolitan Police Commissioner v Caldwell [1981] 1 All ER 961. D’s conviction for criminal damage being reckless as to whether life would be endangered, contrary to s. 1(1) of the Criminal Damage Act 1971, was upheld on the basis that he had created an obvious risk that property would be destroyed or damaged; and had either given no thought to the possibility of there being any such risk, or had recognized that there was some risk involved and had nevertheless gone on to do it. The ‘not thinking’ formulation of recklessness here, clearly envisaged liability being imposed even though the risk in question had not occurred to the defendant. Whilst this might have been a desirable policy goal—it made it easier for the prosecution to secure convictions—it threw up many dif? cult issues. First, what of the defendant who did not think of the risk because it would not have occurred to him even if he had stopped to think? In Elliot v C (A Minor) [1983] 2 All ER 1005, a 14-year-old schoolgirl of low intelligence, who was tired and hungry, spilt some in? ammable spirit and then dropped a lighted match on the wooden ? oor of a garden shed. She was charged under s. 1(1) of the Criminal Damage Act 1971. It was argued that she did not foresee the risk of ? re, nor would she had she addressed her mind to the possible consequences of her action. Although Goff LJ stated that a test for recklessness which allowed the court to take into account the individual characteristics of the accused had much merit (a subjective approach), he felt bound by the doctrine of precedent (at that time) to follow Caldwell, and therefore concluded that the defendant should have convicted on the objective test basis, i. e. , whether the risk would have been obvious to a reasonable man. Secondly, there was the argument that ‘Caldwell recklessness’ was not acceptable as a form of mens rea because it was not based on the defendant’s state of mind. In R v Reid [1992] 3 All ER 673, Lord Keith observed by way of response that: ‘Absence of something from a person’s state of mind is as much part of his state of mind as is its presence. Inadvertence to risk is no less a subjective state of mind than is disregard of a recognised risk. ’ What he meant by this was that even with ‘Caldwell recklessness’, the court had to consider the defendant’s state of mind. But, it is submitted, this is a piece of judicial sophistry, as all that was required was for the court to examine the defendant’s state of mind and, on ? nding ‘no thought’, conclude that he had been reckless provided the risk would have been obvious to the reasonable prudent bystander. Whilst many might have applauded Lord Diplock’s efforts to penalize thoughtlessness in terms of a social policy initiative, the real question was whether he was right to 16 The elements of a crime: actus reus and mens rea ursue this via a radical judicial reinterpretation of the term ‘recklessness’. It is signi? cant that Parliament intervened shortly after Caldwell to reform the offence of reckless driving (and therefore causing death by reckless driving) by replacing it with the offence of dangerous driving—see the Road Traf? c Act 1991. The effect of this was to make clear that the offence could now be committed without any form of mens rea that requi red reference to the defendant’s state of mind. Recklessness was replaced, as a fault element, by the term ‘dangerous’. Whilst it could and was argued that recklessness implied some conscious risk-taking by the accused, there was no doubt that ‘dangerousness’ as a fault element rested entirely upon an objective assessment of the defendant’s conduct. In other words a defendant could drive dangerously because he had a badly secured load on the back of his trailer—there was no need for him to be aware of this. In summary this suggests that Parliament liked the idea of criminal liability based on failure to think about risk, but was not comfortable with the idea that ‘traditional’ mens rea terms like ‘recklessness’ might be used to describe it. As far as recklessness is concerned the subjectivist argument has found favour again, as evidenced by the House of Lords’ decision in R v G [2003] 4 All ER 765, where it was held that a defendant could not be properly convicted under s. 1 of the Criminal Damage Act 1971 on the basis that he was reckless as to whether property was destroyed or damaged when he gave no thought to the risk and, by reason of his age and/or personal characteristics, the risk would not have been obvious to him, even if he had thought about it. Lord Bingham observed that recklessness should at least require a knowing disregard of an appreciated and unacceptable risk of, or a deliberate closing of the mind to, such risk. In his view it was not clearly blameworthy to do something involving a risk of injury to another if one genuinely did not perceive the risk. R v G re? ects a general judicial trend in favour of subjectivity, as evidenced in decisions such as B v DPP [2000] 1 All ER 833. Indeed, the high watermark of this approach to fault was the House of Lords’ decision in DPP v Morgan [1976] AC 182, where it was held that if a defendant made a genuine mistake of fact—such as wrongly believing that a woman was consenting to sexual intercourse, he had to be judged on the facts as he believed them to be, not as the reasonable person would have believed them to be. Lord Hailsham made it clear that there was no room either for a ‘defence’ of honest belief or mistake, or of a defence of honest and reasonable belief or mistake. The reasonableness of the defendant’s honest belief was simply a factor relating to its credibility. The mental element in the offence of rape has now been modi? ed by the Sexual Offences Act 2003, so that rape is effectively now an offence with a fault element based on negligence. The rationale of DPP v Morgan survives, however, at common law to the extent that a defendant should normally be judged on the facts as he honestly believes them to be. As has been noted above in the case of dangerous driving, fault elements that do not require reference to the defendant’s state of mind are used. At common law this can be seen in the offence of killing by gross negligence. In R v Adomako [1994] 3 WLR 288, Lord Mackay LC explained that liability would be established if the prosecution could prove that the defendant’s conduct departed from the proper standard of care incumbent The elements of a crime: actus reus and mens rea 17 upon him, thereby creating a risk of death, and involved such a departure from acceptable standards of care as to deserve the stigma of criminalization. As was made clear in Attorney-General’s Reference (No. 2 of 1999) [2000] 3 All ER 182, evidence of the defendant’s state of mind might be useful in guiding a jury as to whether or not the negligence was gross, but this fault element can be made out without any direct evidence as to the defendant’s state of mind. Whilst this may seem to run counter to the trend in favour of subjectivity it should be remembered that it serves a useful social purpose in making it easier to impose criminal liability on companies that kill. In summary, therefore, it is undoubtedly true to say that mens rea normally does involve an examination of the defendant’s state of mind to ascertain a degree of awareness of the consequences of his actions. The law will, however, allow departures from this where the social utility of doing so outweighs the need to ensure the fairness to the defendant that ensues from adopting a subjective approach to fault. Question 3 You are told that the (? titious) Ancient Book Act 2009 has just received the Royal Assent and that s. 1 provides, ‘It shall be an offence to destroy any book printed before 1800’. Discuss the criminal liability of each party (in relation to the 2009 Act) in the following situation. Arthur owns 200 books, which he thinks are worthless. He is concerned in case any of the books were printed before 1800 and consults Ben, an expert on old books, who assures him that all the books were printed long after 1800. Arthur destroys the books and is now horri? ed to discover that three of them were printed in 1750. Commentary This is an unusual question which has caused students dif? culties, with many writing about the offence of criminal damage. This is a mistake as the question requires a detailed analysis of the mens rea requirement of the Ancient Book Act 2009, and in particular analysis of the concept of strict liability. In a survey by Justice referred to in an article by A. Ashworth and M. Blake, ‘The Presumption of Innocence in English Criminal Law’ [1996] Crim LR 306, it is estimated that in over one half of criminal offences either strict liability is imposed, or the prosecution have the bene? t of a presumption. It is obviously an important topic, and popular with examiners! A good answer will require a detailed consideration of the possibility of this offence being one of strict liability and the effect of this. Candidates should also consider the position if the courts decide that intention or recklessness is the appropriate mental state. 8 The elements of a crime: actus reus and mens rea Answer plan †¢ Strict liability—Sweet v Parsley [1969] †¢ Presumption of mens rea—B v DPP [2000] †¢ The exceptions †¢ Recklessness †¢ Mistake—Morgan [1976] †¢ Ben’s liability under the Serious Crime Act 2007 Suggested answer The ? rst point to note is that s. 1 of the Ancient Book Act 2009 is silent as to the mens rea requirement of the offence. This could mean that the offence is one of absolute liability (i. e. , strict liability in the sense that no mens rea whatsoever is required). Alternatively it could be a strict liability offence in the sense that intention, recklessness or negligence is only required as regards one or more elements of the actus reus. The imposition of absolute liability may be very harsh on the defendant. For example, in Pharmaceutical Society of Great Britain v Storkwain [1986] 2 All ER 635, the House of Lords upheld the conviction of a pharmacist who had given drugs to a patient with a forged doctor’s prescription, although the court found the pharmacist blameless. Whilst the decision demonstrates the inherent unfairness of strict liability, it can be justi? ed on the basis that the misuse of drugs is a grave social evil and therefore should be prevented at all costs. The ? rst case of statutory strict liability was R v Woodrow (1846) 15 M W 404, where the accused was found guilty of being in possession of adulterated tobacco, even though he did not know that it was adulterated. Many early decisions revealed an inconsistent approach as the courts were trying to interpret old statutes in ascertaining the will of Parliament. However, Lord Reid in the House of Lords’ decision in Sweet v Parsley [1969] 1 All ER 347 laid down the following guidelines: (a) Wherever a section is silent as to mens rea there is a presumption that, in order to give effect to the will of Parliament, words importing mens rea must be read into the provision. (b) It is a universal principle that if a penal provision is reasonably capable of two interpretations, that interpretation which is most favourable to the accused must be adopted. (c) The fact that other sections of the Act expressly require mens rea is not in itself suf? ient to justify a decision that a section which is silent as to mens rea creates an absolute offence. It is necessary to go outside the Act and examine all relevant circumstances in order to establish that this must have been the intention of Parliament. The elements of a crime: actus reus and mens rea 19 So in Cundy v Le Coq (1884) 13 QB 207, a publican was found guilty of selling intoxicating liquor to a drunken person under s. 13 of the Licensing Act 1872, even though the publican did not know and had no reason to know that the customer was drunk; whereas in Sherras v De Rutzen [1895] 1 QB 918, a publican was not guilty under s. 6(2) of the Licensing Act 1872 of serving alcohol to a police constable while on duty when the accused did not know or have reason to know that the police constable was on duty. The former case was held to be an offence of strict liability, whereas in the latter, in order to obtain a conviction, the prosecution had to prove mens rea on behalf of the publican, which they were unable to do. Despite the fact that there is a presumption in favour of mens rea when a statute is silent, the courts have been prepared to rebut this presumption on many occasions. The leading case on this point is Gammon v Attorney-General for Hong Kong [1985] AC 1, where Lord Scarman set out the applicable principles. If the offence is truly criminal in character the presumption is particularly strong, but it can be displaced where the statute is concerned with an issue of social concern. Thus, in Gammon, as the accused’s activities involved public safety, the Privy Council were prepared to hold that the legislature intended the offence to be one of strict liability. On analysis these principles appear inconsistent. It could be argued that all crimes by de? ition are grave social evils, yet if the offence is truly criminal in character, strict liability does not apply. In practice, the courts have adopted a ? exible approach, but it is recognized that certain spheres of activity are always likely to attract the conclusion that this is an offence of strict liability. Thus in? ation (R v St Margaret’s Trust Ltd [1958] 2 All ER 289), pollution (Alp hacell Ltd v Woodward [1972] 2 All ER 475), and dangerous drugs (Pharmaceutical Society of Great Britain v Storkwain, above) are traditional areas where strict liability has been imposed. However, it does seem in recent years that the category of grave social concern is expanding to encompass new social activity to include acting as a director whilst disquali? ed (R v Brockley [1994] Crim LR 671) and unauthorized possession of a dangerous dog (R v Bezzina [1994] 1 WLR 1057). However, the House of Lords have again emphasized the need for the prosecution to prove mens rea in B (A minor) v DPP [2000] 1 All ER 833, where Lord Hutton stated (at p. 855), ‘the test is not whether it is a reasonable implication that the statute rules outmens rea as a constituent part of the crime—the test is whether it is a necessary implication’. Further in R v Lambert [2001] 3 All ER 577, the House held that although s. 28 of the Misuse of Drugs Act 1971 required the defence to prove a defence, this only meant introduce evidence of, rather than establish a defence on the balance of probabilities. In view of these developments, it is submitted that it would be most unlikely for s. 1 of the Ancient Book Act 2009 to be an offence of strict liability, and therefore Arthur will only be guilty if the prosecution can establish that he had the necessary mens rea. As Rix LJ observed in R v M [2009] EWCA 2615, even if the provision in question is silent as to mens rea and other provisions in the statute expressly require it, the presumption in 20 The elements of a crime: actus reus and mens rea favour of mens rea will not be rebutted unless the circumstances are such as to compel such a conclusion. If the court were to decide that the offence required the prosecution to prove intention, it is submitted that Arthur would not be convicted. He obtained the opinion of Ben, an expert and clearly did not desire or even foresee the consequence that protected books would be destroyed. Arthur has made a mistake, and even if an accused makes an unreasonable mistake, in accordance with the House of Lords’ decision in DPP v Morgan [1976] AC 182, he is, in the absence of any clear statutory intent to the contrary, entitled to be judged on the facts as he believed them to be. If the court decides that the offence could be committed recklessly, it would still be very dif? ult for the prosecution to establish the appropriate mens rea. It is almost certainly the case that subjective recklessness would have to be proved—i. e. , the prosecution must show that the accused foresaw the consequence and took an unjusti? ed risk (R v Cunningham [1957] 2 All ER 412 and R v G [2003] 4 All ER 765) (although technically the latter only deals with the issue of recklessness in relation to criminal damage). As Arthur sought the opinio n of an expert it is dif? cult to see how it could be argued that he was consciously taking an unjusti? ed risk. It is therefore submitted that Arthur could be guilty of the offence only if the court decides that s. 1 of the Ancient Book Act 2009 creates an offence of strict liability. Turning to Ben’s liability, if he genuinely believed the books to be of post-1800 vintage and the courts interpret the offence as requiring at least recklessness on this issue, he could not be convicted as an accomplice as he would lack the necessary mens rea. If the offence were held to be one of strict or absolute liability Ben could only be convicted as an accomplice if he knew of the facts that constituted the offence—i. . he knew the books dated from before 1800—see Johnson v Youden [1950] 1 KB 544. Alternatively, if Ben knew or believed the books to date from before 1800 he could be charged with either: (i) doing an act capable of encouraging or assisting the commission of an offence intending to encourage or assist its commission contrary to s. 44 of the Serious Crime Act 2007; or (ii) doing an act capable of encouraging or assisting the commission of an offence believing that the offence will be committed and that his act will encourage or assist its commission contrary to s. 5 of the Serious Crime Act 2007. The act in question would be giving advice to Arthur he knew to be wrong. The fact that Arthur, in destroying the books, might have acted without mens rea will not absolve Ben. If the offence under the Ancient Book Act 2009 is construed as requiring fault it will be suf? cient for the prosecution to prove that Ben’s state of mind was such that, had he destroyed the books, he would have acted with the degree of fault required for the full offence; see s. 47(5)(a)(iii) of the 2007 Act. If the 2009 Act is a strict liability offence, Ben can be convicted under the Serious Crime Act 2007, provided he believed that the books dated from before 1800 or was reckless as to whether or not they did. The elements of a crime: actus reus and mens rea 21 Question 4 Gloria, Wood’s eccentric aunt, aged 57, was invited to stay with Wood and his girlfriend Mary at their property on the coast. It was agreed that Gloria would stay for three weeks and would occupy ‘the lodge’ in the garden of the Wood’s house some 30 yards away. Gloria also agreed to pay ? 0 to cover the electricity she would use in the lodge. Everything went well for two weeks, with all three sharing meals at the house. However, a change of mood then came over Gloria who decided that she no longer wanted to have meals with Wood and Mary. Gloria spent more and more time by herself at the lodge. After 20 days of the holiday Gloria, whose physical condition had visibly deteriorated, announced t hat she refused to leave the lodge and was going to stay there the rest of the winter. This so enraged Wood and Mary that the next day they told her to leave immediately, which she did. Six hours later, at 11 pm, Gloria rang their bell pleading to be let in as she was cold and hungry and had nowhere else to go. Wood and Mary refused, and during that night Gloria was taken to hospital suffering from hypothermia. While in hospital, Gloria fell unconscious and was placed on a life support machine. After ? ve days she was correctly diagnosed by Dr Spock as being in a persistent vegetative state with no hope of recovery. He accordingly disconnected the machine. Discuss the criminal responsibility (if any) of Wood and Mary. Commentary The sensible way to tackle this question is to start with an examination of failure to act as a basis for liability. The key aspect of this will be the comparison of the given cases with earlier decisions such as R v Instan and R v Stone and Dobinson. Care must be taken to distinguish between the facts of those cases and the current problem. The facts of the question require an examination of at least three bases for liability: blood relationship, reliance, and creating a dangerous situation. Do not fall into the trap of thinking that the discussion of omission is all that is required. Candidates must establish a causal link between the omission and the death—in fact and in law. Finally, candidates will need to consider the most appropriate form of homicide. Candidates are advised not to waste valuable time considering murder or unlawful act manslaughter—they are clearly not relevant on the facts. In relation to killing by gross negligence, candidates need to devote some time to the issue of duty of care—note that this covers very similar ground to the discussion relating to liability for omission—but the decision in R v Evans is particularly helpful and relevant here. Note: Candidates are not required to consider the responsibility of Dr Spock. 22 The elements of a crime: actus reus and mens rea Answer plan †¢ Is there a causative omission? †¢ Examine the bases for liability for failing to act—statutory, contractual, and common law †¢ Distinguish R v Instan and R v Stone Dobinson †¢ Consider R v Miller and R v Evans †¢ Consider killing by gross negligence †¢ Can a duty of care be established? †¢ Is the degree of fault required made out on the facts? Suggested answer The ? st issue to be resolved is whether or not Wood and Mary can be said to have caused the death of Gloria. As there is no positive act by either of them that causes death, the court would need to investigate whether or not liability can be based on the failure of either or both of them to prevent Gloria’s death. The question as to whether an omission, as opposed to an act, can actually cause a consequence is a moot point. Traditional ly, the criminal law has always drawn a clear distinction between acts and omissions, being loath to punish the latter. Other European countries—e. g. , Greece, France and Germany—do not exhibit the same reluctance, and there is dispute as to whether the English approach is correct. See in particular the different views of Professors A. Ashworth (1989) 105 LQR 424 and G. Williams (1991) 107 LQR 109. However, apart from the numerous statutes that impose a duty to act, e. g. , s. 170 of the Road Traf? c Act 1988, it appears that the common law will impose a duty to act only in very limited circumstances. There can be no criminal liability imposed on Wood and Mary in respect of their failing to care for Gloria unless the prosecution can establish that they were under a positive legal duty to care for her. Such a duty can be imposed by statute, but that is clearly not the case here. Similarly a legal duty to act can arise from a contract between the parties. For example in R v Pittwood (1902) 19 TLR 37, where the defendant, a railway gate operator, was found guilty of manslaughter when a person was killed crossing a railway line as a result of the defendant leaving the gate open when a train was coming. In the present case it could be argued that there was a contractual relationship, in that Gloria agreed to pay for her electricity and was in occupation of the lodge, but it is hard to see how any positive duty to care for Gloria can be implied—and in any event it would be argued that the contract was only for the initial three-week period, and that it was a purely domestic arrangement not intended to give rise to legally enforceable obligations. In respect of Wood it could be argued that he was under a common law duty to care for Gloria because she was a relative. Where the relationship is that of parent and child the common law has had little dif? culty in identifying a positive legal duty of care so The elements of a crime: actus reus and mens rea 23 that failing to act can result in liability where it causes harm; see R v Gibbins and Proctor (1918) 13 Cr App R 134. In R v Instan [1893] 1 QB 450, liability for manslaughter was imposed upon a niece who failed to care for her aunt with whom she was living, having been given money by the aunt to supply groceries. Liability in Instan was largely based on the existence of a blood relationship between the parties. This would seem to suggest that, at least in the case of Wood, there might be a common law duty to act. It is submitted that the present case can be distinguished from Instan. In Instan the defendant actually occupied the same house as the deceased, and had expressly undertaken the task of purchasing food for her, which she subsequently failed to do, knowing well that her aunt could not fend for herself. In the present case Gloria decided for herself that she wanted to stay in the lodge alone, thus raising the question of whether Wood was obliged to do anything more for her than he had been doing during the ? st two weeks of her stay. Furthermore the evidence suggests that it was refusing to readmit Gloria after she had been told to leave that led to her death—raising the question of whether Wood was under any obligation to readmit Gloria. The much more promising argument for the prosecution is that a positive legal duty to act at common law arose in respect of both Wood and M ary because they had allowed a relationship of reliance to develop between themselves and Gloria. The key authority here is R v Stone and Dobinson [1977] QB 354. In that case the Court of Appeal upheld convictions for killing by gross negligence on the basis that the defendants had admitted the deceased to their house and had attempted to care for her. They then failed to discharge their duty adequately and failed to summon any assistance in discharging that duty. The court stressed that the duty to act arose not simply because of a blood relationship between one of the defendants and the deceased, but because of the reliance relationship. It could be argued that in allowing Gloria to stay Wood and Mary allowed a relationship of reliance to develop—but the present case can be distinguished from Stone and Dobinson on the grounds that Wood and Mary placed a time limit on Gloria’s stay, and Gloria left of her own volition. Thus the argument as to whether or not there is any liability for failing to act is ? nely balanced. The prosecution could run an alternative argument on the basis that when Gloria begs to be readmitted to the house Wood and Mary are aware that their expulsion of Gloria has created a dangerous situation. There is evidence that Gloria’s physical condition had visibly deteriorated. Gloria was cold, hungry, and had nowhere to go. There was evidence that Gloria was eccentric. Applying R v Miller [1983] 1 All ER 978, where the House of Lords upheld the accused’s conviction for criminal damage where he had inadvertently started a ? re and then, when he realized what he had done, simply left the building without making any attempt to prevent the ? re spreading or to call the ? re brigade, it could be argued that by failing to offer Gloria shelter, Wood and Mary committed culpable omission that caused Gloria’s death. For the Miller principle to apply, the prosecution would have to show that the defendants were both aware that their expulsion of Gloria had created a dangerous situation. On the facts this should not be too dif? cult. 24 The elements of a crime: actus reus and mens rea Assuming that the failure to care for Gloria, or the refusal to readmit her to the house, can form the basis of liability, the prosecution will have to show that this omission caused Gloria’s death. It is not necessary for the prosecution to prove that the omission was the sole or main cause, merely that it contributed signi? antly to the victim’s death (R v Cheshire [1991] 3 All ER 670). The accused could argue that the doctor’s turning off the life support system constituted a novus actus interveniens, breaking the chain of causation; but this argument was rejected by the House of Lords in R v Malcherek; R v Steel [1981] 2 All ER 422, where Lord Lane CJ stated that ‘the fact that the victi m has died, despite or because of medical treatment for the initial injury given by careful and skilled medical practitioners, will not exonerate the original assailant from responsibility for the death’. It is therefore clear that the medical treatment, of itself, will not be held to have broken the chain of causation in law. Wood and Mary could be charged with manslaughter on the basis of killing by gross negligence, which, unlike unlawful act manslaughter, can be based on an omission; see R v Lowe [1973] 1 All ER 805. The key authority regarding killing by gross negligence is the House of Lords’ ruling in R v Adomako [1994] 3 All ER 79, where their Lordships held that an accused would be guilty of manslaughter if the following four conditions were satis? d: (i) the accused owed a duty of care to the victim; (ii) that duty was broken; (iii) the conduct of the accused was grossly negligent; (iv) that conduct caused the victim’s death. In some cases the existence of a duty of care will be self-evident, for example doctor and patient, parent and child etc. Notwithstanding the decision in R v Instan, it should not be assumed that all familial relationships will give rise t o a legal duty of care, and in any event this would not assist as regards Mary. Signi? antly, the Court of Appeal decision in R v Evans [2009] EWCA Crim 650, indicates that a duty of care will be recognized by the courts in what might be referred to as ‘R v Miller’ situations— i. e. , where the defendant has created a dangerous situation and is aware, or ought reasonably to be aware, that this is the case. Allowing Gloria’s physical condition to deteriorate and then not allowing her back into the house might provide the evidential basis for this. The trial judge in the present case should direct that they can conclude that a duty of care existed provided they ? d certain facts established—and the trial judge should make clear to the jury what those key facts are. It is submitted that there is suf? cient evidence for the jury to conclude that a duty of care existed. The breach of the duty of care is evident in their not helping Gloria and not attempt ing to obtain any alternative assistance for her—they did not even call the police to The elements of a crime: actus reus and mens rea 25 advise them of the problem. The issue of whether this breach of the duty of care can be said to have caused the death of Gloria has already been considered above. The remaining live issue, therefore, is that of gross negligence. Following the House of Lords’ decision in R v Adomako the jury will have to determine whether or not the accused’s conduct: (a) departed from the proper standard of care incumbent upon them; (b) involved a risk of death to the victim; (c) was so grossly negligent that it ought to be regarded as criminal. As later cases such as R v Mark and another [2004] All ER (D) 35 (Oct) indicate, actual foresight of risk of death by the accused is not required. The test for mens rea is objective—does the jury regard the act or omission leading to the breach of duty as being so culpable that it should be labelled as ‘criminal’? Evidence that the defendants knew they would cause harm by not acting is admissible to establish the required fault, but is not essential. Similarly, evidence that Mary and Wood had never thought about what might happen to Gloria could be admissible to show that they should not be labelled as criminals, but such evidence would not preclude a ? nding by the jury that they had acted, or failed to act, in a manner that was grossly negligent. Question 5 Critically analyse with reference to decided cases, the reasons why the development and application of the criminal law is often unpredictable and inconsistent. Commentary Occasionally an exam will contain a question that requires candidates to take a wider view of the criminal law. This is such a question. Candidates cannot simply home in on a speci? c area and cover it in detail. Candidates must try to think of instances throughout the syllabus that can be used in your arguments to answer the question. Avoid the common mistake of interpreting the question to read ‘Choose one area of the criminal law where there are dif? ulties and write all about them’! This question has been included as it enables candidates to think more widely about the role of the criminal law within the legal system and society as a whole. Providing a good answer requires the ability to take a broad view of the syllabus—something candidates who revise topics in isolation are not always able to do. 26 The elements of a crime: actus reus and mens rea Answer plan †¢ Constant change—R v R [1991] †¢ Lack of code—Caldwell [1981], Morgan [1975] †¢ Logic v policy †¢ Role of House of Lords—Clegg [1995] Suggested answer The development of many areas of law follows a consistent and logical course. The basic foundations, their concepts and application are accepted by the vast majority, and only ? ne tuning or adjustments of these principles are required to meet new situations. Unfortunately this cannot be said about criminal law, where the debate about fundamental concepts—such as whether recklessness should be interpreted subjectively or objectively; whether a mistake of fact relied upon by a defendant should have to be one that a reasonable person would have made; whether duress should be a defence to a charge of murder—is still ongoing. One of the problems is that the criminal law is subject to constant change. It has to adapt to cover new phenomena, such as stalking, drug abuse, and internet fraud and to re? ect society’s changing social and moral standards. As the House of Lords stated in R v R [1991] 4 All ER 481, abolishing the husband’s marital rape exemption, the common law is capable of evolving in the light of social, economic and cultural developments. In that case the recognition that the status of women had changed out of all recognition from the time (Hale’s Pleas of the Crown 1736) when the husband’s marital rape exemption was initially recognized was long overdue. Similarly, the criminal law once re? cted the moral position that it was a crime to take one’s own life. Failure in such an enterprise was prosecuted as attempted suicide and could be punished. However, attitudes softened and it was recognized that such a person needed help, not a criminal trial; the law was consequently amended by the Suicide Act 1961. The 1960s saw similar changes in respect of the law relating to homosexuality and abortion. Changes in the law can also result from a shift in ideology on the part of an elected government, or as a response to new threats to the safety and stability of society—for example legislation to combat terrorism. There is no doubt that the development and application of the criminal law would be more consistent and predictable if the courts exhibited a more uniform approach to its development. The problem is illustrated by two House of Lords’ decisions: Metropolitan Police Commissioner v Caldwell [1981] 1 All ER 961, where an objective approach to recklessness was used, and DPP v Morgan [1975] 2 All ER 347, where a subjective approach to mistake was applied. Why was it that liability for recklessness was imposed on an objective basis, but where a defendant made a mistake of fact he The elements of a crime: actus reus and mens rea 27 was entitled (subject to any statutory provision to the contrary) to be judged on the facts as he honestly believed them to be? Commentators may argue that two different areas of the criminal law were being considered, criminal damage and rape (note that the law has since been changed as regards rape by the Sexual Offences Act 2003), but the inconsistency is still stark. At least in so far as recklessness is concerned, the House of Lords has now embraced the notion of subjectivity again in R v G [2003] 4 All ER 765, but the very fact that the legal de? ition of such a basic concept can change so much in the space of 20 years is itself startling. The Law Commission has long argued that the solution lies in codifying the law (see Law Com. No. 143) on the basis that: ‘the criminal law could then exhibit a uniform approach to all crimes and defences’. All other major European countries (France, Germany, and Spain) have a de tailed criminal code, with a uniform approach providing a starting point for interpreting the law. The criminal law in England and Wales has developed in a piecemeal fashion, with one offence’s development showing little consistency with another’s. So often it is dif? cult to say what our law actually is, even before lawyers start to debate how it should be applied, e. g. , R v Savage; R v Parmenter [1992] 1 AC 699, interpreting (after over 130 years of use) the provisions of the Offences Against the Person Act 1861. A code could be expressed in clear language with de? nitions of fundamental concepts such as intention and recklessness, as suggested by the Law Commission’s Draft Criminal Code; although, as the former chairman of the Law Commission Justice Henry Brooke stated ([1995] Crim LR 911): ‘Nobody in their right mind would want to put the existing criminal law into a codi? d form’. Often the criminal law follows a logical approach in its application; but as it does not exist in a vacuum and is not simply the application of academic principles, policy considerations sometimes have to prevail. As Lord Salmon stated in DPP v Majewski [1976] 2 All ER 142, regarding the defence of intoxication, ‘the a nswer is that in strict logic the view [intoxication is no defence to crimes of basic intent] cannot be justi? ed. But this is the view that has been adopted by the common law which is founded on common sense and experience rather than strict logic’. Policy considerations are also behind s. (3) of the Criminal Attempts Act 1981, whereby in the offence of attempt, the facts are to be as the accused believes them to be. Thus an accused, objectively viewed, may appear not to be committing a criminal act but because they believe they are, they can be guilty of attempting to commit that criminal act, as in R v Shivpuri [1986] 2 All ER 334. There is often no means of predicting which approach will prevail. In Jaggard v Dickinson [1980] 3 All ER 716, the accused, who had been informed by her friend X that she could break into X’s house to shelter, while drunk mistakenly broke into V’s house. She was charged with criminal damage under s. 1(1) of the Criminal Damage Act 1971, but argued that she had a lawful excuse under s. 5(2) of the Act as she honestly believed that she had the owner’s consent. Although the prosecution contended that this was a crime of basic intent and therefore drunkenness was no defence (citing the 28 The elements of a crime: actus reus and mens rea House of Lords’ decisions of Metropolitan Police Commissioner v Caldwell and DPP v Majewski in support), the Court of Appeal quashed her conviction, giving priority to the statutory provision of s. (2) of the 1971 Act. One important aspect of the criminal law process in recent years, which has caused uncertainty, is the role of the House of Lords in changing the criminal law. Clearly judges are there to say what the law is, not what it should be; but Lord Simon in DPP for Northern Ireland v Lynch [1975] 1 All ER 913 said: ‘I am all for recognising that judges do make law. And I am all for judges exercising their responsibilities boldly at the proper time and place†¦where matters of social policy are not involved which the collective wisdom of Parliament is better suited to resolve’. Thus in R v R, the House of Lords changed the law of rape, by abolishing the husband’s defence of marital rape immunity without waiting for Parliament to implement the Law Commission’s recommendations. However, their Lordships took the opposite view in R v Clegg [1995] 1 All ER 334, where they refused to follow the Law Commission’s suggestion that a person who was entitled to use force in self-defence but who used unreasonable force, thereby killing the victim, would be guilty of manslaughter, not murder. Lord Lloyd stated: I am not adverse to judges developing law, or indeed making new law, when they can see their way clearly, even where questions of social policy are involved. [A good example is R v R. ] But in the present case I am in no doubt that your Lordships should abstain from law making. The reduction of what would otherwise be murder to manslaughter in a particular class of case seems to me essentially a matter for decision by the legislature. It is dif? cult to appreciate the essential difference in issues in these two cases, despite Lord Lowry’s justi? cations in R v Clegg that ‘R v R dealt with a speci? act and not with a general principle governing criminal liability’. Clearly there is a difference in opinion amongst the Law Lords as to the correct application of these principles. This is well illustrated by the House of Lords’ decision in R v Gotts [1992] 1 All ER 832. The majority decision not to allow duress as a defence to attempted murder was on the basis that duress was no defence to murder. The minority view to the contrary revealed a different analysis. They argued that duress is a general defence throughout the criminal law with the exceptions of the offences of murder and treason. It is for Parliament, and not the courts, to limit the ambit of a defence; and as attempted murder is a different offence to murder, duress must therefore be available. It is submitted that these are the main reasons why the development and application of the criminal law is often uncertain and unpredictable. There are other factors, such as whether an issue is a question of law for the judge or fact for the jury, e. g. , the meaning of ‘administer’ (R v Gillard (1988) 87 Cr App R 189); the dif? culty in ascertaining the ratio decidendi of many cases, e. g. R v Brown [1993] 2 All ER 75 (consent); and the possible effect of the decisions of the European Court of Human Rights. But it is the lack of a code and uniform principles which are the main factors causing the inherent uncertainty. The elements of a crime: actus reus and me How to cite Mens Rea, Papers