Abstract
This is a criminal law theory paper which talks about the need for a voluntary act to have taken place before culpability can be ascertained. The question at hand is whether or not it is necessary for the voluntary act requirement to be present within the criminal law. It addresses what the voluntary act requirement is, whether there any other aspects of law that must be considered and what effect the voluntary act requirement has on criminal liability.

From the Paper
"An actor can not be held responsible for the occurrence of an act that they are not responsible for or were completely unable to prevent. The prior example shows for the need to look the voluntary act requirement in conjunction with that of culpability and intention. At is most basic level A's actions can be considered as voluntary and the outcome can be attributed prima facia to A. However, this is ignoring a very important aspect, that of intention. It could be argued here using Glanville Williams point that if '[the] person in question could have refrained from [the act] if he so willed' then this act could be considered as involuntary. This is backed up by Harris who posits that an act needs to be a deliberate exercise of will."

Tags:blameworthiness, criminal, harris, intention, moore, responsibility

Abstract
This paper examines the British criminal justice system with reference to statutory instruments, bills, cases and legal opinion. It looks at how the criminal justice system is considered to be one of the most imperative tools available to society for the control of anti-social behaviour and, in particular, how it needs to strike a balance between protecting the innocent and convicting the guilty. It also discusses how the system does not try to establish innocence, but whether there is enough evidence to convict and how this system has lead to many miscarriages of justice and has lead to many honourable persons to believe that a change to the inquisitorial system may prevent this.

From the Paper
"In 1993 the CPS went under a substantial change to increase efficiency. Sir Ian Glidewell stated that ' the 1993 reforms had made the CPS more bureaucratic' He believes that CPS has the potential to become a lively, successful and esteemed part of the criminal justice system. The CPS has not escaped criticism, despite its recent performance. James Hunt QC believed that if the public knew of the cost to them the taxpayer would be appalled . In 1998 the Glidewell Report heavily criticised the CPS. The key recommendations of the report were that the powers should be devolved so that the CPS would become less centralised."

Tags:crime, law, penalties, precedents, reform

Abstract
This essay discusses the various legislative responses in the UK to the threat posed to society by modern terrorism. Beginning with the origins of anti-terrorism law in the United Kingdom in response to the troubles in Northern Ireland, the paper subsequently offers a discussion on the Terrorism Act 2000 and the Anti-Terrorism Crime and Security Act (including the judicial response to the powers conferred under this Act in 'A v Secretary of State for the Home Department'). The writer concludes by attempting to reconcile the two core issues in this matter -namely security of the state versus civil liberties.

Outline:
Abstract
The Origins of UK Anti-Terrorism Law
The Terrorism Act 2000
The Anti-Terrorism, Crime and Security Act 2001
Conclusion

From the Paper
"In December 1995, Lord Lloyd of Berwick undertook an inquiry into the adequacy of the UK's counter-terrorism legislation to deal with future terrorist threats . Two important concepts arose from the report which are of significance to the discussion at hand: firstly, that it was the expectation of the Government that whilst the peace process would lead to the receding of the terrorist threat in relation to the Northern Ireland Troubles, the threat of international terrorism would increase and need to be dealt with; and secondly, that consideration had to be given to the UK's obligations under various treaties in international law, predominantly the European Convention on Human Rights, when creating any new anti-terrorism legislation ; thus acknowledging that a balance would have to be drawn between security and liberties and that the Government did not hold a carte blanche to introduce any anti-terror measure that it wished."

Tags:crime, security, human, rights, freedom, IRA

Abstract
This paper examines the problems associated with prosecuting fraud under the English legal system. It highlights fraud as being of a very different nature to other crimes, and illustrates the problems associated with prosecuting fraud under the English legal system. The discussion argues that fraud is currently particularly hard to prosecute for a number of reasons. Firstly the discussion highlights a recent case of fraud that was detected by the organisation the Cheshire Building Society to illustrate just how hard fraud is to detect and how widespread and diverse it can be. This particular case has yet to go to trial but the identities and professions of the six people who have been charged, as well as there backgrounds, give us a clear indication of just how complicated such cases can be. The discussion then moves on to an overview of how fraud is dealt with by the UK legal system, in particular, highlighting the fact that there is no specific crime of fraud and that prosecution for such crimes often focuses on eliciting repayment rather than criminal charges.

From the Paper
"Fraud has increasingly become a more important issue within life in the UK, particularly as organised crime has started committing more and more fraud, and has used fraud as a means of raising funds for other aspects of their business, it has become more and more of an issue for the British police and therefore the legal system. However, by the admission of the police themselves, fraud is often particularly hard to detect. A recent press release from the Association of Chief Police Officers (ACPO) stated that 'Mortgage fraud is attractive to criminals because of the current low risk of detection and high profit opportunities' (ACPO 2008 p.1). Therefore where there are organisations such as organised crime networks, fraud is a very popular way of making money because of the low risk. The same ACPO report also highlighted confirmed mortgaged fraud in 2007 of approximately L700m (ACPO 2008 p.2)."

Tags:white, collar, motivation, the, Cheshire, Building, Society

Abstract
This essay outlines the need for amendments in current British law regarding the anonymity of parties involved in sexual offense cases. The author of the paper argues that the law should be amended to either grant anonymity to the defendant and the complainant, or that neither the complainant nor the accused should have rights to anonymity.

From the Paper
"Steady streams of men are accused and subsequently shown to be innocent, yet their reputations and careers have nevertheless been ruined. Celebrities who have been named and subsequently cleared of sex crimes are among the most ardent campaigners for anonymity: Neil and Christine Hamilton have been particularly vocal on the anonymity issue since they were arrested and questioned over the false sexual assault claims of Nadine Milroy-Sloan, in August 2001 Former MP Neil Hamilton promised he would leave no stone unturned in his quest to discourage an epidemic of false sex offence allegations."

Tags:accused, allegation, media, restriction, identification, committed, conviction, equality

Abstract
This paper examines how the period of the industrial revolution was possibly the most influential period in the development of the criminal law and the associated institutions. It looks at how a shift from punishment to the beginnings of rehabilitation took place and how many fundamental concepts of a fair system were beginning to appear to create a solid foundation for what we have now. It also explores how the ideas of justice, equality, reasonableness and the rule of law took over from a simple system of revenge.

From the Paper
"One of the most important changes that occurred during, and partially due to, the industrial revolution was the concept of democracy and the development of a central government with greater powers. This increase in centralisation led to a shift of control from landowners and representatives of the monarch to an elected body able to pass and execute laws on a national basis, rather than the execution being done on a local scale, or as Foucault puts it, a shift from sovereignty to government . This coupled with the migration of people out of the countryside and small rural parishes into sprawling cities broke down the social pattern that had been well established. No longer were people tied to land and thus the land owner, but a free market where people could freely sell their labour to the highest bidder."

Tags:industrial, revolution, peel, democracy, justice, rehabilitation

Abstract
The paper explores human rights and equality legislation, sentencing options and the key principles of restorative justice. The paper explains how the conceptions of social and criminal justice differ in the way they conceptualise both the criminal and the crime. The paper then shows how in its present form, therefore, the legal system has largely negative consequences on the establishment and maintenance of social justice. The paper also points out, however, the many possibilities for allowing social justice to flourish.

From the Paper
"The purpose of the legal system is to effectively administer the national law. Due to its very nature, the law aims to avoid ambiguity and thus offer a clear and set collection of rules and codes that are capable of universal enforcement. Although for decades there have been protracted attempts to include the ethos of social justice within this legal framework, the two concepts have often come into conflict with one another. The basis of social justice is that all aspects of society afford just and fair treatment for all, including that beyond the auspices of the law (Jordon, 1990) As such, the idea of social justice is capable of transmission to areas unavailable to the law."

Tags:human, rights, equality, legislation, sentencing, restorative, justice, social, work

Abstract
The paper argues that the CJA 2003 has produced to some extent a fair sentencing guideline, but that it has not promoted fairness as fully as it could have. The paper discusses how the CJA 2003 tried to correct the faults of the previous CJA 1991 but the CJA 2003 has also led to complications and disputes between the judiciary and legislature, causing an abandonment of tangible guidelines generally considered necessary to providing a fairer approach to sentencing.

Outline:
Introduction
The Evolution of the Fairness Notion: CJA 1991 and CJA 2003
Fairness to the Offender
Fairness to the Victim
Conclusion

From the Paper
"The Criminal Justice Act 2003 is a wide ranging Act of Parliament introduced to modernise many areas of the criminal justice system in England and Wales. The role of sentencing is to ensure the safety of the community, help rehabilitate offenders to prevent them re-offending and reserve imprisonment for a limited range of serious, dangerous and persistent offenders. The goals of the CJA 2003 were to improve case management and reduce the scope for abusing the system by ensuring a more consistent sentencing procedure which reserves prison for the most serious offenders. It has its genesis in several reports and consultations including the Home Office White Paper Justice for All; Sir Robin Auld's Review of the Criminal Courts of England and Wales and John Halliday's Making Punishment Work which is a report of a review of the sentencing framework of England and Wales. Other recommendations of the Criminal Courts Review relating to court procedures were implemented in the Courts Act 2003.The underlying aims of the Act were to introduce reforms in two main areas: improved case management and a reduction in scope for abuse of the system."

Tags:judiciary, legislature, guidelines, discretion, conviction, retribution, proportionality

Abstract
This paper shows how of all crimes manslaughter appears to afford most difficulties of definition, for it concerns homicide in so many and so varying conditions. It looks at how liability for manslaughter can arise from an unintentional killing caused by negligence ie. the omission of a duty to take care. It deals with the definition of manslaughter, the appropriate test and the jury direction. It also discusses the creation of a new head of common law manslaughter, reckless manslaughter and the implications of this turning of the law. Through examples of court cases, it analyzes how proposed reforms will not only introduce much needed clarity but will allow the law to operate much more effectively as a mechanism of censure by reducing the net of liability to those truly responsible for the deaths they cause.

From the Paper
"Lord Roskill in Seymour , took recklessness to be the most suitable term to express the kind of culpability required for this head of manslaughter. In this case the trial judge had directed the jury that they should convict if they were satisfied that he D had caused death, and had been reckless in doing so, recklessness here having the meaning attributed to in Lawrence . The House of Lords held, dismissing D's appeal, that the elements of common law manslaughter and motor manslaughter under the Road Traffic Act 1972 were the same, and the direction in R v. Lawrence was appropriate, save that it was also appropriate to point out to the jury that the risk of death being caused by the manner of the driving must be very high. The prosecution might charge either offense, but if both were charged, the prosecution must elect, upon which charge to proceed."

Tags:negligence, trial, jury, death, homicide, killing, house, of, lords

Abstract
This paper discusses the point of view of different schools and presents different case studies of social order maintenance. It describes recent developments in many fields and focuses on terrorism and white collar crimes. It also examines how military power can be used to maintain social order. The issues of censorship during Vietnam and other wars is discussed, as well as media representation and its effect on social order.

From the Paper
"In a model society each individual would strive selflessly for the common good. In reality, various tactics need be employed on behalf of those granted power and by the majority in order to maintain such social order, against deviants that threaten to undermine it. How social order is possible and how it is maintained has been one of the most fundamental questions of sociology since its beginning (Dittrich et al., 2003). The same, however, cannot be said for the study of crime since crime and criminology have not always raised concerns for the maintenance of social order, but rather looked at what individual aspects make some people deviant from the norms set by society."

Tags:collar, control, criminological, criminology, power, thories, white