Essay for LAW 03.

USE THIS BOOKLET TO REVISE

Remember that as well as the Offences against the Person you will have to answer an essay. You will have no choice on the essay and it will be one of 3 topics.

Murder and voluntary manslaughter OAPA 1861 General defences

Below are the last few year’s questions. There is no pattern, but you can possibly rule out s of the 3 (risky plan!)

The format of the essays are relatively simple.

You need to identify the current provision. If it asks you to critically analyse this means you can identify positives as well and negatives – however on the whole it wants negatives. It also wants examples.

Then after you have addressed this you need to look at reforms. These are not general reforms that you can come up with – it is specific reforms from organised bodies like the Law Commission. When you write about these reforms they should match up to addressing some of the problems you have already identified. Keep using the key words from the essay and have organised short paragraphs on each point you need to make!

What qualities characterise A/A* responses in evaluation questions in Law 03

• Evaluation

some range in critical evaluation some depth in evaluative arguments (not merely lists) recognition of relationships between arguments

• Reform

proposals are intelligible proposals are developed in sufficient depth proposals address issues in critical evaluation

Reform of murder:-

You obviously need to be aware of the recent changes, and by this we mean specifically the Criminal Justice Act 2009 with the reform of Diminished Responsibility and the defence of Loss of Control being introduced. You could also possibly mention the recent decision on life sentences (however only briefly and only after you have written about the problems of sentencing.

The mark scheme above gives you an essay plan to follow. (A) should be a few paragraphs long. (B) would probably be 2 paragraphs and then (C) would then be 2-3 paragraphs long depending upon the reform considered.

You have been given before a copy of the suggested reforms by the Law Commission – not all of which were introduced.

As you read over the examination report you should be picking out ideas which would help you answer (A), (B) and (C) below – and label and highlight these to make it easier for you to revise/plan from.

The address below takes you to the report by the Law commission. There is the easy read version you have already been given. The link is on the blog.

http://lawcommission.justice.gov.uk/publications/murder-manslaughter-and-infanticide.htm

This report was written and then the 2009 act was brought in.

There is an interesting link to Belgium who recently brought in all age Euthanasia

http://www.theguardian.com/commentisfree/2014/feb/17/euthanasia-for-children-belgium-law-terminally-ill-die

but also for the UK

http://www.telegraph.co.uk/health/healthnews/6221121/Assisted-suicide-Diane-Pretty-Debbie-Purdy-and-Daniel-James.html

http://www.telegraph.co.uk/news/politics/10685362/Assisted-suicide-moves-closer-as-Government-allows-free-vote.html

Exam report.

Examples of essays

Reform of defences.

The key thing here is to know 2 defences inside out and then to look at one defence reforms in detail. You need to be careful if you choose Insanity and Automatism as they overlap – although this may make reform of one easier to answer. (Especially as there is new reforms written by the Law Commission)

The planning of this should be easy for you to organise. You need 2-3 paragraphs with a different point in each paragraph. You need to read over the information below and identify 2-3 points per defence and have separate paragraphs on this – ideally with any cases tied it. Repeat this and then have separate paragraphs for reforms. As of July 2013 the Law commission issued a paper on insanity and automatism - please read:

http://lawcommission.justice.gov.uk/docs/insanity_discussion_summary.pdf

There is also a detailed document on the problems with intoxication from a law report of 2009

http://www.bailii.org/ew/other/EWLC/2009/314.pdf

Remember for reform you only need 1 defence.

Examiners report

Reform of OAPA

This one is most unlikely to come up due to its recent appearance. There is a Law commission report being written at the moment which summarise very briefly the problems – you can find it

http://lawcommission.justice.gov.uk/areas/offences-against-the-person.htm

It is only a brief summary but is a good starting point to look at before you look at

Again you need a few paragraphs on (A) and then a few paragraphs on (B) and then some on (C)

Examiners report

Examples of essays