Essay Analysis

 

 

 

Choose ONE of the following essay questions and write an essay of 2000 words (please do not write above or below 2000 words):
1. Imposing liability for omissions unjustifiably interferes with a person’s autonomy to decide whether or not to act in particular circumstances. Critically discuss this statement with reference to one of the duties through which omissions liability can arise.
2. “To punish conduct without reference to the actor’s state of mind is both inefficacious and unjust. It is inefficacious because conduct unaccompanied by an awareness of the factors making it criminal does not mark the actor as one who needs to be subjected to punishment in order to deter him or others from behaving similarly in the future, nor does it single him out as a socially dangerous individual who needs to be incapacitated or reformed. It is unjust because the actor is subjected to the stigma of a criminal conviction without being morally blameworthy.” Herbert L. Packer, ‘Mens Rea and the Supreme Court’ (1962) Supreme Court Review 107, 109.

Critically consider the use of strict liability in English and Welsh criminal law in light of Packer’s arguments above.
3. Critically discuss the impact of Jogee and Ruddock [2016] UKSC 8 on the mens rea of complicity.
4. In R v Pace and Rogers [2014] EWCA Crim 186 the Court of Appeal held that, pursuant to the Criminal Attempts Act 1981, an intention to commit an offence connotes an intent to commit all elements of the offence. The decision of the court applied only to impossible attempt cases. Critically discuss whether the court’s approach in Pace and Rogers should be generalised to cover possible attempts.
5. The so-called prior-fault intoxication rules have developed in case law to construct criminal liability for defendants who, at the time of committing an offence, lacked the requisite mens rea. These rules also block defences that would otherwise be available. A preliminary question is when, exactly, should we classify a defendant as ‘intoxicated’ such that the prior-fault intoxication rules apply?

Critically discuss whether the definition of intoxication adopted by the Court of Appeal in Taj [2018] EWCA Crim 1743 is too broad and risks overcriminalization.

 

 

Sample Solution

Criminal omission is based on the theory that failure to perform a legal duty when one has the capacity to do so is a substitute for the commission of a defined offense when the harm done is the same. The causation requirement is essential to proving criminal omission. This prescribes that a person’s omission have the intent to cause and be the proximate cause of the proscribed harm. The establishment of criminal omission also requires that the proximate cause of the harm was the failure to perform a legal duty (failure to perform a moral duty alone is not sufficient for liability). Sources of legal duty are duty based upon (1) relationship, (2) being a landowner, (3) contract, (4) statute (other than the offense charged), (5) the voluntary assumption of responsibility, (6) creation of peril, and (7) rescue responsibility.

Thirdly, the characters involved are a key feature to any story. “In order to get personally involved with a story, we, as readers or listeners, must be able to identify with the characters” (Fog, 2004:41). The use of characters helps to create the emotional connection to the consumer as spoken about previously. The way it does this is because as a consumer, we may be able to see part of our self in one of the characters. This makes a relation between the consumer and the character. The reason for this is because if we can identify with the characters, we can fully embrace and understand the story. The last point is the plot is something that is divided into three parts, the beginning, middle and end. At the very beginning of the story, the scene is set and “the progression of change creates conflict and sets the parameters for the rest of the story. The conflict escalates but is finally resolved, marking the end of the story” (Fog, 2004:44). The reason the plot and flow of the story is so important, is because “it is vital to the consumer’s experience” (Fog, 2004:44). The plot is something that can be developed over time to create a more immersive experience, or can be done cleverly in 30 second advertisements to catch the consumers attention. Now the four ‘checkpoints’ have been outlined and explained, it’s time to work out how brands apply this to their marketing and advertisement strategies. Once it is understood how these brands apply storytelling, it will become visible how they can “create identification, engagement and relevance” (Fog, 2004:164) with their consumers. Brands use storytelling as a sales promotion tool, and “More and more companies are looking to create a story universe surrounding their products and services. In doing so, their story becomes the driving force behind their brand values” (Fog, 2004:164). When companies can tell an immersive story through their marketing and advertisements over a long period, Klaus Fog refers to brands being able to create a “story universe surrounding their products and services” (Fog, 2004:164). The fact that Fog identifies the stories that brands tell as a fictional universe, allows the consumer to get fully immersed in the story. This is where the story becomes “the driving force behind their brand values” (Fog, 2004:164). By creating this other ‘universe’ revolved completely around the brand, they can strengthen their image, and make an even stronger emotional connection to the consumer, which separates them from other brands. Storytelling can be applied to many different marketing techniques, including adver

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