Black People : Legal Ethics UK

Groeteschele

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QUOTE="Orisons, post: 1030387, member: 7204"]
The above is a 1500 word essay that I completed as a second year law undergraduate for which I’ve received a quite disappointing grade, thus I’m enquiring as to the grade that any of the academically inclined on Destee would give my essay?

This university's grading system gives grades from A+ to E which is the lowest pass grade, with F being a fail.

Aren't ANY of you going to give my "Legal Ethics" essay your grade?


Isn't anyone who genuinely believes they are not programmed
graphically illustrating that their programming is COMPLETE?


View attachment 19523
[/QUOTE
 

Groeteschele

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The Criminal Law essay below also received an obviously mediocre grade, thus I'd also value your grading of this essay, in that am I wasting my time casting pearls to SWINE? ROFL

This essay will address the legal issues of a somewhat bizarre double homicide by Alan, a soldier of his parents Brian and June including the role of Dr Chris who subsequently treated the seriously wounded Brian before he died.

Homicide, the unlawful killing of a human being under the Queen's peace is legally categorised as either murder, voluntary manslaughter or involuntary manslaughter. A murder is when the Actus Reus [AR] criminal act and the Mens Rea [MR] intention to kill or cause grievous bodily harm is generated by conscious malice as exemplified in a standard definitive case [sdc] like R v Moloney (1985) and DPP v Smith (1961), especially malice aforethought as opposed to in self-defence or some other mitigating circumstance

A homicide is defined as voluntary manslaughter as opposed murder despite the AR causing a human fatality that could be viewed as murder when either ‘loss of control’ 2 [1] (Coroners and Justice Act 2009, ss54&55) as highlighted in the sdc R v Dawes, Hatter and Bowyer, ‘diminished responsibility’ (Homicide Act 1957 s2 amended by the Coroners and Justice Act 2009 S2) as highlighted by a sdc like R v Anthony Martin (2001)1[2] or ‘participation in a suicide pact’ (Homicide Act 1957 s4) 3[3] is utilized as a partial defence, mitigating circumstance with regard to the death. 4[4]

A homicide can also be defined as involuntary manslaughter when the MR is not conscious malice aforethought so much as an ‘unlawful and dangerous act’ as exemplified by the Road Traffic Act 1988’s homicide offences; or with ‘gross negligence’ homicide’s MR offences as highlighted by The Domestic Violence, Crime and Victims Act 2004 re the deaths of vulnerable adults and children while in the care of their parents, other relatives and within the private and public social, health care institutions. 5[5]
Causation in homicide cases is generally defined as the most significant factor of a defendant’s action or omission’s AR via their ‘conduct’ being profoundly wrong, specifically in the case of a ‘result’ crime’s AR leading to serious injury or death, in effect murder, especially when the ‘Novus actus interveniens’; that is, the chain of causation is unbroken by any significant intervening act, event or omission mitigating the subsequent end result as in sdc R v Smith (1959), R v Cheshire (1991), especially with regard grievous bodily harm and murder. 6
[6]
Causation with regard to homicide can be straightforward when the victim’s death is immediate in conjunction with irrefutable evidence as to who, what the killer was, but can become very complex when the victim’s death isn’t immediate giving rise to a range of scenarios, rationales, reasons why the victim doesn’t survive including contributory interventions, acts or omissions by people other than the defendant and even a specific unusual characteristic of the victim like a weak heart or haemophilia causing a fatality in a circumstance in which it would be reasonable to assume that 90% of people would survive.
‘Factual’ causation ‘sine quo non’, has to prove usually by the “but for” test that the victim would not have expired but for the defendant’s action added to the damage done by the defendant to the victim initially still being the major as opposed to insignificant factor of the homicide. ‘Legal’ causation requires verification by the court that the damage done by the defendant continuing to be the main reason the homicide occurred following the precedent set by sdc R v Smith (1959), and especially R v Cheshire (1991); where despite the victim dying due to picking up a respiratory infection becoming the AR, while receiving hospital treatment after being shot as opposed to his death being directly due to the damage sustained post being shot by the defendant, that fact did not break the chain of causation, the initial judgement which the Court of Appeal upheld with regard to the ‘Legal’ cause of death still being the initial shooting of the victim by the defendant. 7
[7]
The term ‘transferred malice’ is a scenario with regard to a defendant’s criminal activity’s AR plus their malevolent MR adversely harms, seriously injures or kills someone other than the intended victim, subsequently becoming a crime of identical severity in the eyes of the law as if the act had impacted, hit or terminated the original target as exemplified by sdc’s like R v Latimer (1886) and R v Gnango (2011) rulings. 8
[8]
Application of the statutes above to Alan’s assertion that despite being a soldier who legally possessed several rifles, he shot his father Brian accidentally due to sneezing while pointing a loaded rifle at him to allegedly frighten him places the AR, responsibility for this homicide firmly on his shoulders; whereas assuming that his allegation with regard to the circumstances is true, that MR would place Alan’s crime in the involuntary manslaughter as opposed to voluntary manslaughter or murder category.
However, a potentially valid counter argument would be that as a soldier by profession Alan would, should know better than the average ‘reasonable person’ that a loaded gun should never be pointed at anyone or thing other than a target on a gun range, apart from at the enemy in wartime.
Additionally, despite Alan’s assertion that he and his father were only arguing as opposed to fighting, his defence team making a plea for this homicide to be placed in the voluntary manslaughter via temporary insanity, ‘diminished responsibility’ isn’t plausible with ‘loss of control’ via sneezing also impossible to verify, making involuntary manslaughter his only plausible defence.
Alan’s difficulties are exacerbated by the fact that only his assurance is available as opposed to verifiable factual evidence from a legal standpoint that his MR was not simply an armed malevolent, malicious assault on both parents, which would place what had transpired in the grievous bodily harm, to murder category. In the sdc R v Moloney (1985) where in similar circumstances Moloney as a soldier shot and killed his stepfather after a mutual challenge as to who could load and be ready to fire a rifle quicker with the defendant post being dared by his stepfather to fire a live round, firing directly at his stepfather and then asserting that “I never conceived that what I was doing might cause injury to anybody. It was just a lark.”
The court’s judgement set a precedent with regard to murder by “Indirect Intention” as opposed to manslaughter etc whereby the defendant not ‘wanting’ to kill his stepfather is not a rational defence for clearly ‘intending’ to kill him by pointing a loaded rifle and subsequently firing it directly at him in a circumstance where grievous injury or death is the only certain outcome.
Further application of the above statutes with regard to Alan allegedly in “shock”, subsequently firing a second shot at an expensive vase, missing and killing June, his mother outright, once again places the AR, responsibility for this homicide on him despite his asserted rationale, MR’s attempt to make another involuntary manslaughter plea plausible again despite the truly bizarre circumstances, in that following the transferred malice precedent set in the case of R v Latimer (1886) couldn’t it be argued that his conscious attempt at destruction of an “expensive” vase [why exactly] going tragically wrong, was transferral of his malicious act towards the vase to June his mother legally identical to a MR consciously focused on his mother’s demise.
Alan, by firing a second shot generated rational speculation as to why any ‘reasonable man’ would be firing live ammunition in his parent’s house as opposed to at a firing range in the first place; and then having already seriously injured, caused grievous harm to his father with the first shot, fire another shot anyway, place himself as a soldier, professional gunman; in the efficient hit-man as opposed to an innocent son having an unfortunate accident that has seriously harmed one parent and executed the other zone, his assertion’s are aspiring to promote as a feasible truth; especially firing the second shot [terminally injured her where exactly] which resulted in the instantaneous death of his mother.
This scenario is further complicated by the storm delaying the arrival of the ambulance to take the severely injured Brian to hospital, and Brian’s wound subsequently becoming infected in hospital, along with Brian being allergic to the antibiotic he was given by Dr. Chris to fight the infection; which along with Dr Chris doubling the antibiotic dosage even further severely weakened, traumatized and frightened Brian into jumping out of the second story window while trying to run away from Dr Chris, actually being killed by the fall.
Alan could plausibly assert that the chain of causation has been broken due to the fact that Brian didn’t die from the injury he sustained post being shot, that he was in fact killed by the fall. However, the causation statute’s precedent set in the case of R v Cheshire (1991), R v Kimsey (1996), and R v Pagett (1983), with regard to the original injury being “a substantial and operating cause of death”, the primary AR, as exemplified by Brian initially being shot and injured by Alan leaves Alan as opposed to Dr. Chris still liable for this homicide.
However Dr. Chris’s mistake with regard to not perceiving in any accurate manner diagnosing Brian’s allergic reaction to the antibiotic he had administered, and obviously negligent doubling of Brian’s antibiotic dosage when Brian’s condition worsened; as opposed to utility of a different antibiotic that could have not so adversely affected Brian’s mental state, halted the infection, saved Brian’s life; aligns with the precedent set in the sdc of R V Blaue (1975), a ruling that marginalizes Dr Chris’s errors significance with regard to Brian’s homicide’s AR; as an example the chain of causation not being broken in this case by unpredictable circumstantial variables like Dr Chris’s errors or Brian’s allergic reaction to the antibiotic as an example of an unusual victim characteristic, the ‘thin skull’ test in no way alleviating Alan’s responsibility as the perpetrator who shot his father in the first place.
Alan’s liability ranges from at best involuntary manslaughter to murder despite the verifiable fact that Dr Chris’s errors with regard to both antibiotic selection and dosage evolved into being the AR of Brian’s demise, but due to Dr. Chris having no conscious MR with regard to harming as opposed to saving Brian there is only a limited possibility of him facing even an involuntary manslaughter as opposed to probably at worst a medical negligence charge. 9
[9]
Concluding, Alan’s defence team would have to try to present to the jury the circumstances in which Alan shot and grievously wounded his father as a tragic accident, a catalyst that caused him to fire the second shot that killed his mother outright, Alan committing involuntary manslaughter despite the AR, as his MR wasn’t malevolent so much as negligent with regard to their health and safety.
However, the Crown prosecution team would assert that Alan’s actions displayed both the AR and MR of at least voluntary manslaughter whereas following the precedent set in the similar sdc of R v Moloney (1985) judgement with regard to ‘Indirect Intention’ not being a valid ‘partial’ defence with regard to murder, [especially with only Alan’s word as opposed to verifiable evidence re him to not wanting to kill his father] is in no rational manner highlighted or evidenced by the ‘direct intention’ he displayed by pointing the rifle at him and firing.


Dr. Chris’s inept diagnosis of Brian’s allergic reaction to antibiotics coupled with the weakened and frightened state these errors reduced Brian to, as highlighted by Brian‘s panic stricken fall from the second floor to his death, despite being the AR, legal cause of Brian’s death is unlikely to in any significant manner prevent Alan being arrested and charged for his father’s murder; whereas Dr. Chris is unlikely to face even an involuntary manslaughter as opposed to medical negligence charge; due to his MR’s primary focus always being on helping as opposed to harming Brian.


Homicide Act 1957
Road Traffic Act 1988
The Domestic Violence, Crime and Victims Act 2004
Coroners and Justice Act 2009





[1] Herring J (2017) LEGAL ETHICS Page 82 Oxford University
[2] Ibid Page 85
[3] Ibid Page 103
[4] Ibid Page 79
[5] Ibid Page 108 .
[6] Ibid Page 15
[7] Ibid Page 57
[8] Ibid Page 29 & 30
[9] Herring J (2017) LEGAL ETHICS Page 57 & 58 Oxford University Press

Isn’t ANYONE who genuinely believes they are not programmed
graphically illustrating that their programming is COMPLETE?




 

Groeteschele

Well-Known Member
MEMBER
Apr 6, 2020
199
36
13565613.gif


QUOTE="Orisons, post: 1030387, member: 7204"]
The above is a 1500 word essay that I completed as a second year law undergraduate for which I’ve received a quite disappointing grade, thus I’m enquiring as to the grade that any of the academically inclined on Destee would give my essay?

This university's grading system gives grades from A+ to E which is the lowest pass grade, with F being a fail.

Aren't ANY of you going to give my "Legal Ethics" essay your grade?


Isn't anyone who genuinely believes they are not programmed
graphically illustrating that their programming is COMPLETE?


View attachment 19523
[/QUOTE
 

Orisons

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Jan 14, 2005
2,971
494
London in the United Kingdom
Occupation
Mechanical Designer/Project Manager
QUOTE="Groeteschele, post: 1031702, member: 61468"]
View attachment 19527
[/QUOTE
Thanks for the gradings, can you now provide the specifics as to exactly what aspect of the ongoing regulatory framework with regard to “Legal Ethics” and Criminal Law within the UK’s judiciary that I haven’t addressed, or at least provided easily verifiable data on that would justify an F, fail mark for this essay?

Additionally haven’t your postings in this thread to date highlighted the FACT that you’re barely functionally literate, so how, why is it my fault that YOU [didnt’ pay attention at school, make it to a reasonably got college] can’t even construct a sentence?


Isn’t ANYONE who genuinely believes they are not programmed graphically illustrating that their programming is COMPLETE?
https://m.washingtontimes.com/news/2020/mar/28/coronavirus-crisis-fit-new-world-order/?utm_campaign=shareaholic&utm_medium=facebook&utm_source=socialnetwork&fbclid=IwAR282aHPFgV7qXa_UilOfcchmZUdh32I3Fso_S8LjQRO2o1uqFB-Uu3nVZM Corona virus Conspiracy? By Cheryl K. Chumley
 

Groeteschele

Well-Known Member
MEMBER
Apr 6, 2020
199
36
I would presume whatever you set out to accomplish here didn't quite pan out for you and all you got was me.

download.gif
download.gif


Better luck next time.
 
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