Critically analyse the ruling of the House of Lords in Howe [1987] 1 AC 417 that duress is not a defence to murder. The WritePass Journal

Critically analyse the ruling of the House of Lords in Howe [1987] 1 AC 417 that duress is not a defence to murder. Introduction Critically analyse the ruling of the House of Lords in Howe [1987] 1 AC 417 that duress is not a defence to murder. IntroductionMain BodyConclusionBibliography Related Introduction It will be critically analysed in this study whether the ruling of the House of Lords in Howe [1987] 1 AC 417 was acceptable and whether the notion that duress is not a defence to murder should continue to apply. Various academic opinion will be analysed and a review as to whether some change ought to be made will be considered. Thus, it will be demonstrated that although duress should not be a complete defence to murder, it should be a partial defence as there are some situations which lead to injustice on the basis that this defence is not available to them.[1] Main Body Duress is a common law defence that seeks to protect individuals that have been forced or compelled to commit a crime. The defence of duress provides an exception to the rule that a person shall be held responsible for any crimes they commit on the basis that they had not done so voluntarily. As the defence is open to abuse, caution needs to be taken by the Courts when allowing the defence to be submitted. Accordingly, restrictions are needed to ensure that the level of threat the defendant has been subjected to is not menial. Hence, as noted by Spain; the defence of duress fails to recognise the reality that one will not need to be subjected to a specific type or level of threat for ones will to be overborne.[2] Furthermore, it is also important that the crime is not disproportionate to the threat in order for this defence to prove successful. This will prevent an abuse of the defence from occurring as individuals will not be able to take advantage of the defence in all circumstance s. An example of this can be seen in relation to murder where the defence of duress is not generally accepted by the Courts. This is because, it is difficult to persuade the Court that a person has been forced or compelled into committing a crime when the harm that has been caused, is greater than the harm that has been threated. In deciding whether a defendant can use this defence, nonetheless, the Courts will have to use the proportionality test, which is both subjective and objective. In R v Howe[3] it was held that a jury should consider whether; a) the defendant acted in this way because he honestly believed that his life was in immediate danger; and b) a reasonable person of the same characteristics of the defendant would have acted in the same way. Here, it was, nonetheless, found that duress could not be a defence to murder. This decision has been the subject of much controversy over the years with conflicting views as to whether the defence of duress should in fact apply to mur der.[4] On the one hand, it is believed by Shankland that duress should serve as a valid defence to murder on the basis that a murder which has been committed as a result of duress should be distinguished from a murder that was pre-meditated.[5] On the other hand, it was said by Toczek that defendants should not be able to rely upon the duress defence for murder as this could not be deemed a reasonable belief as required by the Court in Howe.[6] Accordingly, it would be difficult to establish that a persons belief to commit murder was reasonable on the basis that they were subjected to duress. The Court in the more recent case of R v Hasan[7] agreed with the Howe decision and made it even more difficult for the defence of duress to be successfully raised in all criminal cases. Here, it was argued that rather than merely finding that the defendant had a reasonable belief, it must be shown that they had an actual belief in the efficacy of the threat which compelled the defendant to commit the act. Arguably, it became apparent from this decision that rather than defendants demonstrating that they had a reasonable belief, they are now required to show that the reasonable belief was also a genuine one. The Law Commission have also expressed their concerns as to whether duress should apply to murder and have considered including duress as a partial defence to murder.[8] This would mean that first degree murder could be reduced to second degree murder, whilst second degree murder could be reduced to manslaughter. Whilst this would provide some protection to those individuals who have genuinely feared for their own or families life in committing the crime, it would prevent the scope being broadened too far. Accordingly, it has been said that moral involuntariness should be excused and that regardless as to what crime the defendant had committed, duress should be capable of being used as a defence.[9] Hence, it is said that the defendants fear or lack of courage should be given due c onsideration as these are central to the rational of the defendant. Conclusion Overall, it is evident that there are mixed opinions as to whether duress should be used as a defence to murder, yet whether this would broaden the scope too far is likely. This is because the defence would most likely be open to abuse if it could be used in circumstances such as this. Individuals would be capable of demonstrating that they had been subjected to duress in order to escape criminal liability for murder. This would be unjust in many situations as it cannot be said that the life of a human being is proportionate to a threat that has been made. Nevertheless, in order to ensure that complete liability is not imposed upon defendants in circumstances where they genuinely feared for their life, it could be said that duress should be used as a partial defence to murder. This would prevent defendants from completely escaping liability, yet it would provide the Courts with some leeway when considering certain cases that would require a defence, such as domestic violence victims. Bibliography Books E Spain., The Role of Emotions in Criminal Law Defences: Duress, Necessity and Lesser Evils, (Cambridge University Press, 2011). The Law Commission., Murder, Manslaughter and Infanticide: Project 6 of the Ninth Programme of Law Reform; Homicide, (The Stationary Office, 2006). Journals G Williams., Necessity: Duress of Circumstances or Moral Involuntariness? Common Law World Review, Volume 43, Issue 1, 1. L Toczek., A Case of Duress The New Law Journal, Volume 155, Issue 7173, 612. M Sorarajah., Duress and Murder in Commonwealth Criminal Law (1981) The International and Comparative Law Quarterly, Volume 30, No 3, 660-661. R Shankland., Duress and the Underlying Felony (2009) Journal of Criminal Law and Criminology, Volume 99, Issue 1227. Cases R v Hasan [2005] UKHL 22 R v Howe [1987] 1 AC 417

Hunters in the Snow by Tobias Wolff Essay Example | Topics and Well Written Essays - 1000 words

Hunters in the Snow by Tobias Wolff - Essay Example But in "Hunters in the Snow", lies, betrayal and insensitivity have overshadowed the good aspects of one another. This situation is played out in a snowy surrounding, as if the whiteness of the place makes a stark background to the evil that's brewing among the three friends. Each of the three buddies tries to look for a deer to shoot, each not really keen on doing so, and this accounts so much for their failure (other hunters as told in the story would have their deer "strapped to the hoods" of their jeeps and cars) as not having seen a deer to shoot. Tub, the first character introduced in the story is a sensitive person who battles a gluttony problem and hides it with apparent efforts to diet. Sensitivity in a person, though a positive trait makes that person vulnerable to others and makes him violent at times. Tub fires off at a Kenny for shooting at old dog after their failure to shoot any deer, "What did he ever do to you" Both Frank and Kenny, rib him for being fat, knowing that "Nobody knows. That's the worst of it, Frank. Not the being fat, I never got any big kick out of being thin, but the lying. Having to lead a double life like a spy or a hit man. Like when I make a big deal about only having an orange for breakfast and then scarf all the way to work. Oreos, Mars Bars, Twinkies. Sugar Babies. Snickers". And when Tub shoots Kenny, out of weakness and fear that he would end up like the unfortunate dog, he could only say, "I had to". Among the three friends, Frank probably has the capacity to be understanding about the extreme sides of his two friends - Tub's sensitivity and Kenny's toughness. Instead, this insight to the truth made him perverted and manipulative. When Tub was horrified with Frank's confirmation of an affair with a fifteen-year old girl, he makes for a philosophical pitch against conformity, "You can't just put people into categories like that, Tub. That's why the whole system is wrong. And that's why this country is going to hell in a rowboat." Frank even likens his young girlfriend with Shakespeare's Juliet, an indication of his intellectual capacity "Fifteen. She'll be sixteen in May. May fourth, three twenty-seven p.m. Hell, Tub, a hundred years ago she'd have been an old maid by that age. Juliet was only thirteen." Frank also pitches for Tub's sympathy for his relationship trouble and to appease his guilt towards his plans of leaving his wife. He does by taking advantage of Tub's food weakne ss - and succeeds because Tub also needs Frank to expiate himself from shooting their friend. The two takes their time at another roadhouse, not really in a hurry to carry their bleeding friend to a hospital. Instead, Frank orders Tobias Wolff's's "Hunters in the Snow" platefuls of pancakes, butter and syrup to further corrupt Tub and make him an accomplice in his deceit. When at the end, and on the wheel, he says "I'm going to the hospital" to the bleeding Kenny's hope of making it alive - he commits the final betrayal, with Tub's connivance. Kenny, the apparent

Case Analysis of CUP Essay Example | Topics and Well Written Essays - 1000 words - 1

Case Analysis of CUP - Essay Example As an advisor to Derrick Westmuller, I would gladly advice him to use the CCC or Customer Care Center. A company won’t be able to function once the flow of the customer is not good. So it is just to protect the interest, satisfaction and happiness of the customer. With this great idea, many issues will be settled and would be very helpful for the company. Though at the start, this may be tough for every branch to adopt with, the expected result is very profitable for them. In fact there will be less work for the agent and the name of company will receive good feed backs. Remember that it is not the name of the Manager, members of the board or the agents, names that are on stake but the name of the company. It is true that most clients inquire on the same issues commonly normal issues. The price or fee that people pay in acquiring contacts from the insurance company is already expected or predicted but certain matters like not being contented with the service given by the agent and not giving immediate action to complains are very critical for the company. There may be a lot of negative speculations that may come from other employees of the firm but the focus must still be in the whole company and for its good. It may be that it can create undesirable misunderstanding between the duties of the agents and the call center employees if there would be specification of work.

Sinners in the Hands of an Angry God Essay Example for Free

Sinners in the Hands of an Angry God Essay Whether or not there is a doomed afterlife in which is called â€Å"hell†, everybody has their own perception of what their â€Å"hell† would be like. Rather your view of hell is eternal detonation or a place consisting of deathly flames and Satan’s head down in a bucket of ice, most people do not wish to be summoned into the depths of hell. However; Jonathon Edward’s sermon, â€Å"Sinners in the Hands of an Angry God,† portrays briefly the vivid imagery of how hell was represented during the Second Great Awakening. In addition, Edwards aim was to teach his listeners about the horror of hell. Thus, Edwards’s dramatic interpretation of hell frightened the people who followed by God’s word and urges those who don’t to call upon Christ to receive forgiveness. Jonathon Edward’s briefly described hell in his sermon. His justification regarding hell was a â€Å"lake of burning brimstone,† (Edwards 98). Edward’s Sinners in the Hands of an Angry God, emphasized the belief that hell is real and he did not tolerate the voices of opposing opinions, urging that they had a â€Å"black cloud of God’s wrath now hanging directly over your heads†¦Ã¢â‚¬  (Edwards 98). Edwards anticipated that the imagery and the message contained in his sermon would instill the reality of being doomed into hell if they did not take the step into following Christ. Therefore, the preaching’s made by Edwards were not sympathetic toward the nonbelievers, and infused the believers with terror of being summoned to hell. There is nothing that keeps wicked men at any one moment out of Hell, but the mere pleasure of God (Edward 100). Edward’s words represented God’s power in being able to cast wicked people in hell at any moment. The people sitting in the pews of the Church were most likely coped with fear as a result of Edward’s harsh speech. He further warns the people of the only thing keeping them from hell is the thin air which God creates as a barrier. According to Edward’s, God would have no pity for those people casted into hell since he provided humans with a chance to resolve their sins. Since the sermon of Edwards was conducted during the Second Great Awakening when people were regaining their religion, people would most likely be on edge from the words of Jonathon Edwards. In summation, the brief representation of hell from Edwards commended God’s lack of sympathy for those people who did not abide by God’s words and instilled fear in the hearts of people who attended Church. Accordingly, Edwards’s remarkable explanation of hell frightened the people who pursued in God’s word and recommend those who didn’t to follow Christ in order to receive forgiveness. Edwards, in addition assisted in teaching his community the horrors and lifelong detonation of hell. Therefore, in Jonathon Edward’s sermon, â€Å"Sinners in the Hands of an Angry God,† his brief but vivid descriptions of how hell was characterized gave the era of the Second Great Awakening great fear if they did not chose to obey by Christ. He wanted to preach to the people about the lasting effects not obeying by God had. Thus, Jonathon Edwards approached the people of his teachings with fear of hell and the representation he had of hell.

Free Companies :: Essays Papers

Free Companies In 1337 hostilities erupted between France and England that would continue, with brief times of peace, until 1453. This war, which lasted for over a century, would latter be known as The Hundred Years' War. One of the terms that originated during this war were bands of mercenaries formed in France called Free Companies. To understand Free Companies fully one must first look at the Hundred Years War for explanation. "The Hundred Years War was the last great medieval war." (http://www.cfcsc.dnd.ca/links/milhist/100.html) Not only was this war between kings, but lesser nobles too were fighting for their own interests, while they fought for their country. Looking back two centuries earlier can be seen as the true cause for this war. When Duke William of Normandy conquered England in 1066, he did so as a subject of the French King. The French speaking English Kings to follow gained more and more land from the English. But the English King still ruled two French provinces, Gascony and Guyenne. In the 14th century, the French king Philip VI demanded that the English return these provinces to the French. When Edward III denied Philip VI of this, saying that Philip's claim to the French thrown was not as strong as Edward's own right to rule both France and England, war broke out. Because the kings and nobles were not wealthy enough to maintain armies permanently, and the ancient system of raising troops through feudal obligation had, for the time being, fallen apart, the most effective armies were made up of mercenaries. The definition of mercenaries given by the Oxford American Dictionary is "professional soldiers serving a foreign country." These professional, paid troops became a popular practice through out Europe in the 14th century. Both Knights and commoners under arms were eager to take the money of anyone wishing to raise an army. The English were the first of these two countries to use this practice. Free Companies were formed by the English to fight in France.

Business Law & Ethics Essay

Consider the possible conflicts between legally doing business and selling fast-food, given the increasing evidence of how it is a significant contributing factor in public health, obesity, and diabetes facing many Americans. Now, based on what you’ve learned in this module, answer the following: A) After reading the Inside Story section of Chapter 1, do you agree with how Disney Company is handling the issue? Why or why not? B) Does government (federal, state, or local) have a right or a responsibility to get involved in this conflict? If so, what and to what limit? If not, why not? Provide sound reasoning for your stance and back it up with references, if possible. Your logic should be factual, not emotional. Then, reply to two or more of your classmates’ postings (three additional postings are needed for an â€Å"Exemplary† grade). See the Discussion Rubric for additional information and grading criteria. The case involved McDonald and Disney is about childhoo d obesity caused by many advertising that promote fast food in the United States. The McDonald Company leads the most successful advertising that drives children to obesity. Under the pressure of different sectors, Fast Food Company such as McDonald is required to reconsider the effect of its powerful advertising on a child’s health condition, specifically the issues of child obesity (Bagley & Savage, 2010). Disney is created for the children, then eating healthy should be a real concern regarding children to Disney. Disney and McDonald had signed a pact, and McDonald fast food is unhealthy for children. With the growing number of child obesity, eating fast food, especially McDonald, Disney had to take a stand in this case. I agree with how Disney is handling the issue because there were guidelines provided by Disney on how the children should eat the McDonald’s food. If McDonald kid’s meal did not meet the requirement guidelines provided by Disney, then, Disney has the right to end its contract with McDonald Company. The obesity problem may h ave short term effect such as high cholesterol or high blood pressure, and long term effect such as type 2 diabetes, stroke, several types of cancer, and osteoarthritis on those children, according to research. For example, the percentage of children aged 6–11 years in the United States who were obese increased from 7% in 1980 to nearly 18% in 2012. Similarly, the percentage of adolescents aged 12–19 years who were obese increased from 5% to nearly 21% over the same period. 1, 2, and in 2012, more than one third of children and  adolescents were overweight or obese. [†¦]. I believe government has both right and responsibility to get involved in this conflict because child obesity is not a small case. Because of eating unhealthy, children are risk of some types of disease, and the obesity rate is very high. Government has to regulate laws regarding children eating unhealthy food due to influential advertising promoted by fast food companies. Government needs to get involved in this conflict until there is a solution to lower calories volume provided by fast food restaurants even they do not directly tell anyone to eat their food. However, that is the reason they advertis e their food, so people can buy them’ it is a business marketing to attract customers.

Natraj And Vasu In The Maneater Of Malgudi - 744 Words

Natraj and Vasu are contrasted characters. Natraj, no doubt, is the central figure and the action of the novel is viewed through his eyes. It is his point of view that we always get. But he is an unheroic hero, good at heart, but passive and inactive like most of us. Vasu, on the other hand, represents evil that embodies satanic traits. He is an anti-hero, and Natraj is both attracted and repelled by him. The novel makes it clear that there is a love-hate relationship. It is evident that the story of The ManEater of Malgudi follows the familiar pattern of a tale from the puranas where a demon, the symbol of evil, gets too powerful, threatens the heaven with his elemental forces of disorder, but finally goes up in the air like a bubble,†¦show more content†¦The tragedy of Vasu does not cause any tears for the simple reason that the novelist has skillfully manipulated. The situation that preceded his death, so much so that even when the mischievous but delightful Vasu kills himself no one feels sad. On the contrary readers of the novel chuckle to find Vasu dead, and Natraj continues to be worried over trifles like and automation while following the dictates of his assistant in the office of the press. The printer assistant Sastri explains the mystery of Vasu’s death. Like this: He had to concentrate all that might for his own destruction. Every demon appears in this world, with a special boon of indestructibility. Yet the universe has survived all the rakshasas that were ever born. Every demon carries within him, unknown to himself, a tiny seed of self destruction and goes up in thin air at the most unexpected moment. Otherwise, what is to happen to humanity? (TMEM 62) Conclusion Narayan always created positive characters, who may at times do bad karmas, but are never wholly evil. His characters usually fall in fair or grey shade, but in the present novel, he has created a pure black persona. Vasu is absolutely devoid of emotions, a vicious man who does not think twice before killing someone. In fact, the title aptly suits the