Certain Omissions Regarded As Criminal Conduct In Scotland Law Essay

Certain Omissions Regarded As Criminal Conduct In Scotland Law Essay There are certain restricted circumstances in Scots Law that an omission is regarded as criminal conduct. The key question to look at is do we have a positive duty to act? In Scots Common law there is no legal obligation if one individual finds another in peril to intervene and assist. However in some circumstances a situation will arise were failure to intervene will result in criminal liability  [3]  . So it is not what the accused did it is what they did not do. The situations were such intervention is legally required fall into three categories that have to be examined closely with particular reference to specific crucial cases. In addition looking at the significance of the actus reus and the mens rea in relation to appropriate cases. The actus reus has no official definition but it is the physical element of a crime, which includes conduct, omission or situation. The mens rea accompanied by the actus reus would result in criminal liability.  [4]  To illustrate both in t erms of omission I have highlighted specific cases that explain the significance of both The first circumstances that a failure to act can give rise to criminal liability is where a dangerous situation has been created by the accused or where the prior actions of the accused has created danger  [5]  This type of omission generally follows a positive act, this may be criminal or not. In HM Advocate v McPhee (1935) the accused was charged with murder. McPhee had carried out a violent serious assault on a woman, beating her, repeatedly kicking her, knocking her down and left her unconscious in an open field.  [6]  Lord Mackay upheld the murder conviction on the grounds that it could be asserted that the accused wickedly and feloniously exposed the woman regardless of consequences to the inclemency of the weather, and if she died in consequence both of the beating and exposure  [7]  This case found the accused guilty of culpable homicide. In cases similar to McPhees an omission will not arise if it can be proven that the accused initial criminal actions caused th e victims death. However because McPhees assault on the woman had weakened her he had a responsibility to remove her from that situation or aid her in the particular situation which the he had all ready created  [8]   An important case to highlight under this section is MacPhail v Clark (1983). This situation is a little more complicated as the actions of the accused are not criminal but instead his actions were negligent and reckless. However the actions that caused this situation may be regarded as criminal if they cause harm and in this case endanger lives.  [9]  The farmer in this case had set a fire to burn straw in a field that was upwind from a dual carriage way. The fire had spread causing the smoke to carry onto the road causing bad visibility. This resulted in two vehicles colliding causing injury.  [10]  The farmer was convicted of recklessly endangering the lieges.  [11]  It was highlighted that the farmer did nothing wrong in setting the fire in the field, it was the failure to ensure that the fire was safe and would not spread. Reports found that the burning of the straw continued for at least twenty minutes and the farmer continued to plough right up until the arrival of the emergency services.  [12]  The Farmer had done nothing to stop the fire spreading and continued to allow it to spread onto the road without taking any action to stop the dangerous situation that he had created. The second circumstances that can give rise to criminal liability are where the accused status or contractual obligation results in a duty to act.  [13]  This status or contractual obligation is when a person in a public office or position or responsibility has a duty to prevent the occurrence of harm, fails to do so.  [14]  This means that an onlooker is under a position and duties were they have a responsibility to prevent the offence. If the onlooker fails to do this it may result in criminal liability.  [15]  Bonar and Hogg v McLeod (1983) highlights a failure to prevent an offence. Mr Bonar was an older and more experienced senior officer who by being present at the scene of the crime and failure to intervene led to art and part guilt.  [16]  Hogg the officer who assaulted the prisoner, grabbed him by the throat and pushed his arm up his back, then quick marched him down the corridor. The excessiveness of the force was unnecessary as the prisoner was neither resi sting nor struggling with the officer.  [17]  During this offence Bonar did not only stand back and allow this to happen but was an active participant in the quick march down the corridor.  [18]  Bonar was regarded as art in part liable for the assault upon the prisoner.  [19]   The third and final situation that intervention is legally required is where a prior relationship between the accused and the victim which is such that there is a legal obligation to act.  [20]  An example of a special relationship would be a mother and child. In Bone v HM Advocate the mother was charged with culpable homicide of her daughter by witnessing and countenancing criminal conduct.  [21]  The allegations made against Bone were that she wilfully failed to protect her child and also to ensure that her wellbeing was intact or seek medical attention for her injuries. However Bones appealed the conviction and the appeal went in her favour and was quashed  [22]  . This was on the basis that the trial judge misdirected the jury by failing to give significant directions of the question of the assessment of whether the appellant had failed to take the reasonable steps to protect her child and ensure her wellbeing.  [23]  Due to this it was found that there was a misc arriage of justice and allowed the appeal against the conviction. Another case of relevance is to look at the relationship between a doctor and a patient. In this particular English case Adamako in 1993 was an anaesthetists in an eye operation were the tube from the ventilator had been detached. Adamako did not notice this for roughly six minutes when the patient went into cardiac arrest.  [24]  During the trial Adamako was charged with manslaughter by gross negligence, where the accused breached a duty of care towards the patient that resulted in death.  [25]  Adamako appealed to the House of Lords were the conviction was upheld. Lord Mackay stated that gross negligence depends on the seriousness of the breach of the duty committed by defendant in all circumstances in which he was placed when it occurs and whether, having regard to the risk of death involved, the conduct of the defendant was so bad in all circumstances as to amount in the jurys judgement to a criminal act or omission.  [26]  For an involuntary manslaughter by breach of duty to be proved firstly there has to be proof of the existence duty which was apparent in this case anaesthetists and patient. Secondly, a breach of duty resulting in death. This again occurred when the accused failed to see the detachment of the ventilator which led to cardiac arrest. Finally the jury must consider the gross negligence as justified for a criminal conviction.  [27]   In HM Advocate v McPhee a case mentioned earlier it is important to consider the significance of actus reus and mens rea. McPhee omits to the assault on the woman so therefore this can constitute to the actus reas of the crime. McPhee had severely beaten the woman and therefore weakening her putting her in a dangerous situation which lead to her death.  [28]  Paterson v Lees is a case of relevance that highlights the significance of the mens rea applied in a case of omission. Paterson was charged with inter alia, conducting himself in a shamelessly indecent manner. Paterson was babysitting his neighbours children a 9 year old little girl and an 11 year old boy. The original statement made was that the appellant did conduct [himself] is a shamelessly indecent manner towards [the female complainer aged 9 and the male complainer aged 11] and did show them a film of an obscene and indecent nature which depicted acts of human sexual intercourse.  [29]  What was illustrated in the case was that the appellant had allowed the children to continue watching the video he omitted to stop the children viewing the video. The Appeal Court was unanimous in the decision that the charge of shameless indecency could not be committed in this way. The issue here was that it was not a crime to permit children to view indecent material.  [30]  In common law shamelessly indecent conduct is an offence therefore it involves the element of mens rea. Therefore it must be proved that Paterson has the appropriate mens rea in this case it would be an intention to commit the offence this would involve switching on the material either intending to corrupt or deprave or knowledge that the material is liable to corrupt or deprave.  [31]  Due to this element of mens rea Patersons appeal was allowed. To conclude, the failure to act in some circumstances can under Scots law lead to criminal liability. When looking at omissions it is important to establish the requirements that lead to an omission and the elements of actus reus and mens rea. They all play vital roles in illustrating the complexity of being liable in certain circumstances and the wide variety of cases that involve omissions.

Psychological effects on women victims of domestic violence Essay

Campbell, Jacquelyn el â€Å"Intimate Partner Violence and Physical health Consequences†. Archives of Internal Medicine 162i 10 Article 7 (2002) The research was: â€Å"Intimate Partner Violence and Physical Health Consequence† where researchers were examining how violence affects a woman’s short term as well long term physical wellbeing. This study explored the area of abused and non abused women assessed the two groups for physical problems. Abused cases, either physically and or sexually were 201. This research employed Abuse Assessment Screen in its measurements (Wisner, 1999). Measures of physical abuse was done via use of Miller physical symptom and injury scale, that requires a woman to ascertain whether she has been to a doctor or nurse due to any of the 25 conditions related to domestic violence (Wisner, 1999). The results showed that women suffered more physical disorders as a result of abuse (Wisner, 1999). Such disorders were found to include headaches, back pain, STD s, vaginal bleeding, vaginal infections, pelvic pain, painful intercourse, urinary tract infections, appetite loss, abdominal pain as well as digestive problems, long terms effects were found to occur due to recurring central nervous system signals such as headaches, back pain, fading and hallucinations (Wisner, 1999). Domestic violence is associated with problems of the cardiovascular system, high blood pressure among others The importance of this study is that it offers clue on how women are fatally threatened by domestic violence (Wisner, 1999). Diseases such as cardiovascular and blood pressure are among the serial killer diseases within the society (women). This study relates to this topic in that psychological effects are secondary to physical effects. For instance, where a woman gets her back broken as a result of domestic violence, even if the back heals she remains psychologically affected by the memories of this ordeal for the rest of her life (Wisner, 1999). Future implications of the study are that it is important for the public to be educated on matters relating to domestic violence. There is also the need to provide better medical attention to women of domestic violence, that is, there should be well trained physicians to deal with female patients involved in domestic violence (Wisner, 1999). This would mean increased costs on health planners (Wisner, 1999). Reference Wisner, C. , Gilmer, T. , Saltzman, L. , Zinc. T (1999). Intimate Partner Violence Against Women. Do victims cost health plans more? Journal of Family Practice, June.

Literary Magnum Opus of Toni Cade Bambara Essay - 2144 Words

For this final essay I selected three literary masterpieces namely the story titled â€Å"The Lesson† by Toni Cade Bambara, and two Emily Dickinson’s Poems: I heard a fly buzz and The heart asks for pleasure first. The following essay will explore these works in a greater detail focusing on the elements of literature, such as the theme, the character, settings and conflicts. It will find ways to connect, relate or compare one literary work to two others as well as it will analyze the specific element in the selections with some depth. The paper will support points with appropriate examples from the selections and explain how the examples support those points. The main work in the consideration is a literary magnum opus of Toni Cade Bambara,†¦show more content†¦Unlike the other blacks she appeared to not only go against the flow, and climb the walls, but she actually succeeded in climbing that wall and achieving her goal of becoming someone in life. She knows the manners, the etiquette, and she had college education, something that was unheard of for the blacks. Throughout the play Miss Moore was the role model for the black children encouraging them to never give up and to move on. In one episode Miss Moore took the children to the upper class toy shop so that the children could actually see things that they previously could only dream of. Namely they went to see a handcrafted sailboat made of fiberglass that cost 1195 dollars! (44). The children could not really understand such high price. The only thing that they learnt was their emotional of some unique qualities to the boat that cost so much, because â€Å"that much money should last forever† (45). The children learnt that wealthy people can afford better quality goods and services and in order to become wealthy one needs to obtain quality education, at least the one similar to what Miss Moore obtained. The children learn to never give up and to rather strive to get the best in life and to be the best in life. The story is full of elements of humor and sarcasm. For instance towards the end of the story, Sylvia’s cousin Sugar ultimately realized that although none of them was the wealthiest person in

Tips on How to Set College Goals

Having goals in college can be a great way to stay focused, motivate yourself, and keep your priorities in order when things get stressful and overwhelming. But just how can you set your college goals in a way that sets you up for success? Think About Your End Goals What kind of goals do you want to achieve during your time in school? These goals can be large (graduate in 4 years) or small (attend a study session for chemistry once a week for at least a month). But having a main goal in mind is the first, and perhaps most important step, in setting realistic goals. Be Specific With Your Goals Instead of Do better in Chemistry, set your goal as Earn at least a B in Chemistry this term. Or better yet: Study at least an hour a day, attend one group study session a week, and go to office hours once a week, all so that I can earn a B in Chemistry this term. Being as specific as possible while setting your goals can help make your goals as realistic as possible—meaning youll be more likely to achieve them. Be Realistic About Your Goals If you barely passed most of your classes last semester and are now on academic probation, setting a goal of earning a 4.0 next semester is probably unrealistic. Spend some time thinking about what makes sense for you as a learner, as a student, and as a person. If youre not a morning person, for example, setting the goal of waking up at 6:00 a.m. every morning to hit the gym is probably not realistic. But setting the goal of getting in a good workout after your Monday, Wednesday, and Friday afternoon Shakespeare class probably is. Similarly, if youve been struggling with your academics, set reasonable goals that focus on helping you make progress and improve in ways that seem reachable. Can you leap from a failing grade last semester to an A this semester? Probably not. But you can aim to improve to, say, at least a C if not a B-. Think About a Realistic Timeline Setting goals within a time frame will help you set deadlines for yourself. Set goals for a week, a month, a semester, each year (first-year, sophomore year, etc.), and graduation. Every goal you set for yourself, too, should have some kind of time frame attached. Otherwise, youll end up putting off what you need to do since theres no deadline by which you promised yourself youd reach your goal. Think About Your Personal and Intellectual Strengths Setting goals can be challenging for even the most driven, determined college students. If you set yourself up to do things that are a bit too challenging, however, you can end up setting yourself up for failure instead of for success. Spend some time thinking about your own personal and intellectual strengths. Use your strong organization skills, for example, to create a time management system so you stop pulling all-nighters every time you have a paper due. Or use your strong time management skills to figure out which co-curricular commitments you need to cut in order to focus more on your academics. In essence: use your strengths to find ways to overcome your weaknesses. Translate Your Strengths Into Details Using your strengths—which everyone has, so dont sell yourself short!—is the best way to get from idea to reality. When setting goals, then, use your strengths to make sure you: Have a plan and a way to get there. What is your goal? What specific things are you going to do to reach it? By when?Have a way to check your progress. How will you know if your goal is working? When will check in with yourself to see if youre making the smaller steps you need to take along the route to reaching your big goal?Have a way to hold yourself accountable. What will happen if you dont do what you promised yourself youd do? What will you change?Have a way to adapt to change. Inevitably, something will happen that will throw a wrench in your plans. So what will you do to adjust to change? Being too strict with your goals can be counterproductive, too, so make sure youre flexible.Have rewards built in along the way. Dont forget to reward yourself for reaching mini-goals along the way to reaching your big goals! Setting and working toward goals takes major work and dedication. Reward yourself to keep your motivation up and to, well, just be nice to yourself. Because who doesnt like a little recognition, right?