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Summary Criminal Law LL108 - Should constructive liability continue being a part of the law on homicide - Essay Plan

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These notes are a complete collection of my lecture notes, reading, and extra investigation into the the particular topic. They are fully structured, and have a contents page at the very top, in order to ensure that the ideas and arguments within are easy to navigate. At certain points, I have arranged the notes into an argumentative form. This means that I have taken certain ideas, organised them into arguments, and presented both sides of a contentious proposition. This allows future students to have mini essay plans that they can use to answer parts of an exam question, without having to make major modifications to what they have learnt or, even worse, come up with new arguments on the spot.

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Criminal Law (LL108) - Should constructive liability continue being a part of the law on homicide? - Essay
Plan

Contents

Arguments For
1. Moral Thresholds
a. Evaluation: Setting the threshold
2. Deterrence Value
a. Evaluation: Deterrence value is overestimated
3. ‘No guilty act without a guilty mind’
a. Evaluation: Correspondence between the mens rea and the actus reus is necessary
4. Fair labelling and closure
a. Evaluation: Labelling is excessive and counterproductive

Arguments Against
1. Allowing the vagaries of fortune to determine punishment and blameworthiness

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Uploaded on
June 19, 2017
Number of pages
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Written in
2016/2017
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SUMMARY

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