Essay about The Impact Of Caa On The Law On Attempts

Essay about The Impact Of Caa On The Law On Attempts

Length: 1678 words (4.8 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

The CAA was intended to improve the law on attempts. The extent to which it has succeeded is open to doubt. Critically evaulate the accuracy of this statement.
An attempt is where the defendant tries to commit an offence but for some reason fails to complete it. This was seen in the case of White 1910. The defendant wanted to kill his mither in order to gain his inheritance. He attempted to do this by poisioning her drink. Before she had chance to drink it she died of a heart attack. The defendant was not liable for her murder as his act of poisoning the milk was not the cause of death. He was liable for attempt.
Attempt is defined under the Ciminal attempts act 1981 as 'if with intent to commit an offence to which this section applies, a person does an act whih is more the merely preparatory to the commission of the offence, he is uilty of attempting to commit the offence. '
An inchoate offence refers to an offence where the defendant has not actually committed a 'substative ' crime such as murder, rape, theft or burglary but has done one of three things: Made an attempt to do so, entered into a conspiracy to do so or assisted/encouraged someone else to commit a crime.
Inchoate offences allow for liability to be imposed on those who has taken some steps towards the commission of an offence. This allows the police to intervene at an early stage and make arrests before a substantive crime has occurred. This means that this has a positive effect on public safety. If a subsantive offence has been committed it can be difficult to obtain sufficent evidence that an attempt has occurred. The point in which he defendant can be regarded as having commited an attempt is something that has troubled the courts for a number of years.
Before ...


... middle of paper ...


... where the defendant intends to commit an offfence by only if certain circumstances/conditions are satified. This was seen in Husseyn. The defendent was seen loitering near a van. The police approached and the defendent ran off. He was convicted of attempting to steal sub-aqua equipment, but this conviction was quashed as he was specificly looking to steal sub-aqua equipment. The only was to insure that the defendent is found guilty is by making sure that the indictment is drafted in a certain way. The law commission propose that the definition of attempt in the CAA should be amended so that an intent to commit an offence includes a conditional attempt to commit it. If this proposal is accepted then the gap in the law will be solved. This means that people who intended to commit a crime but the indictment for it is too specifc as seen in Husseyn will be found guilty.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

How Judges Should Properly Respond And Treat Criminal Attempts Within The Realm Of Early English Common Law

- The quandary of how judges should properly respond and treat criminal attempts within the realm of early English Common Law can be traced back to two philosophers, known as Plato and Henry of Bracton (Samaha, 2013). While they both had their influence on common law, each man had a dissimilar view of how criminal attempts should be treated. Plato believed that if a person had the intention to commit a crime that he or she should be treated as if the crime was completed regardless if they succeeded or not (Samaha, 2013)....   [tags: Criminal law, Crime, Law, Common law]

Better Essays
1145 words (3.3 pages)

Impact Of The Rule Of Law Essay

- What would be the impact on the rule of law in the UK of allowing the UK Parliament to determine the rights people in the UK would have?” The rule of law is one of the key constitutional principles that help’s to ensure fairness and democracy in the UK’s constitution. The basic definition of the rule of law is that nobody can override the law; everyone and anyone must obey the law in its full entirety. The rule of law holds an important role in the constitution. However, the concept is something that cannot be easily defined and is subject to change as society evolves....   [tags: Law, Human rights, United Kingdom, Legislature]

Better Essays
1340 words (3.8 pages)

The Impact of Tort Law Essay example

- Tort law is a very prevalent aspect of conducting business and daily life in the twenty first century. According to the textbook, The Legal Environment of Business, tort law provides “remedies for the invasion of various protected interests.” (Cross & Miller, 2012) In this essay about tort law, I will talk about a tort case that has personally impacted me. To do so, I will provide a background of the event, apply facts of the case to applicable law, summarize lessons of the week as they relate to this case and provide a plausible argument for the parties involved....   [tags: Law]

Better Essays
938 words (2.7 pages)

The Impact of Megan's Law Essays

- Introduction The United States of America has always supported freedom and privacy for its citizens. More importantly, the United States values the safety of its citizens at a much higher level. Every year more laws are implemented in an attempt to deter general or specific criminal behaviors or prevent recidivism among those who have already committed crimes. One of the most heinous crimes that still occurs very often in the United States is sex offenses against children. Currently, there are over 700,000 registered sex offenders and 265,000 sex offenders who are under correctional supervision....   [tags: sex ofenders]

Better Essays
2818 words (8.1 pages)

The Impact of Technology on Law Enforcement and Organized Crime Essay

- Organized crime involves the illicit flow of goods and services in one direction and the flow of the profits of crime in the other. Technology has created much change in the way organized crime groups conduct operations. It has also caused law enforcement organizations to evolve and use a variety of techniques and methods to effectively combat organized crime groups. In order for law enforcement to effectively target and prosecute these groups they must adapt as the organized crime groups have in their use of technology....   [tags: Law Enforcement, technology, criminal justice]

Better Essays
2658 words (7.6 pages)

Congenital Aural Atresia ( Caa ) Essay examples

- Congenital aural atresia (CAA) is a condition in which the external auditory canal fails to develop or develop normally. It is a rare condition that is estimated to effect 1: 10,000 to 1: 20,000 individuals and is often unilateral, while there are cases of individuals with bilateral aural atresia. The external auditory canal hasn’t been developed completely due to restraints during embryological development and often times is accompanied by microtia, which is the underdevelopment of the pinna, as well as underdevelopment of the tympanic membrane and underdevelopment of the ossicles (Lo, Tsang, Yu, Ho, Ku, Tong, 2014; Farnoosh, Mitsinikos, Maceri, Don, 2014; Kesser, Nicholas, 2013)....   [tags: Ear, Auditory system, Otology]

Better Essays
1448 words (4.1 pages)

The Struggling Attempts of the Government and Police Essay

- ... He was a very proud citizen of America who often said, “I am not Italian, I was born and raised in Brooklyn. He went to school with Salvatore Lucania who eventually became known as Lucky Luciano. At about the age of fourteen Capone and Lucania dropped out of school after Capone struck a teacher. After they dropped out they joined the gang known as the Five Pointers. They eventually went to Chicago in there thirties when Johnny Torrio was in lead of the most notorious gang in Chicago. At the time Capone was suspected of two murders so he was very eager to get out of New York....   [tags: Prohibition, illegal trade]

Better Essays
1702 words (4.9 pages)

Common Law Vs. Law Essay

- Common law is “judge made-law” and “includes law by judges when they interpret law (lecture notes, 11/16)”. Common law authors trusted that “natural law was too abstract and theoretical for their pragmatic, concretely focused minds…simply out of touch with concrete human affairs (Coleman 593)”. Therefore, common law was developed. Common law has various aspects than the basic definition would anticipate. One imperative attribute is the progression of common law. Common law logicians believed that the law was constant, and they believed that looking into the law deeper and relying on reasoning would give an answer....   [tags: Law, Jurisprudence, Judge, Common law]

Better Essays
1805 words (5.2 pages)

Essay on The Impact of the Fugitive Slave Law on Abolitionism

- The Impact of the Fugitive Slave Law on Abolitionism     In his first draft of the Declaration of Independence, Thomas Jefferson accused the King of Britain of violating the sacred human rights of life and liberty by promoting slavery as a means of economic development. While Congress omitted this section from the final document, it does show that slavery was an issue for the American nation from its inception. So, while it may have been established by its mother country, the roots of slavery are laid deep in American soil....   [tags: American America History]

Better Essays
1112 words (3.2 pages)

Essay on International Law as Law

- International Law as Law When comparing apples to pears, one is not making a fair comparison, but a disproportionate comparison. Often times when international law is discussed or attempts are made to understand international law; many often attempt to compare international law with existing laws such as national law or domestic law. Making such disproportionate comparisons leads to many misconceived notions and attitudes toward international law. For an adequate comparison of international law to other laws, one should look closely at the available facts....   [tags: Municipal Law Corporations Essays]

Better Essays
1584 words (4.5 pages)