Here is a suggested response:Stage One: The key issues I would expect to see addressed in the essay are:- Definition of duress of threats and the legal tests for the defence- Discussion of relevant case law setting out the legal principles such as R v Howe and Hasan - Consideration of the policy rationale for/against allowing the defence and whether this strikes a fair balance- Application of the law to the question by discussing whether a person who commits an offence because they have been forced against their will may have a defence of duress of threats- A balanced and reasoned conclusion in response to the questionStage Two: Strengths
Here is a suggested response covering the key defences of duress of threats, duress of circumstances/necessity, and intoxication:
Presentation:
- Define each defence
- Explain the legal tests
- Highlight 2-3 key cases for each
Revision sheet:
- Define duress of threats, necessity, intoxication
- List legal tests for each
- Summarise 2 key cases for each with facts and decision
Sample essay:
Discusses extent to which a person committing an offence because forced against their will may have defence of duress of threats. Analyses Watts, Chan Wing-Siu and considers public policy factors. Reaches balanced conclusion considering different
Similar a Here is a suggested response:Stage One: The key issues I would expect to see addressed in the essay are:- Definition of duress of threats and the legal tests for the defence- Discussion of relevant case law setting out the legal principles such as R v Howe and Hasan - Consideration of the policy rationale for/against allowing the defence and whether this strikes a fair balance- Application of the law to the question by discussing whether a person who commits an offence because they have been forced against their will may have a defence of duress of threats- A balanced and reasoned conclusion in response to the questionStage Two: Strengths
Follow all directions to the letter. Do not miss anything from the i.docxhoundsomeminda
Similar a Here is a suggested response:Stage One: The key issues I would expect to see addressed in the essay are:- Definition of duress of threats and the legal tests for the defence- Discussion of relevant case law setting out the legal principles such as R v Howe and Hasan - Consideration of the policy rationale for/against allowing the defence and whether this strikes a fair balance- Application of the law to the question by discussing whether a person who commits an offence because they have been forced against their will may have a defence of duress of threats- A balanced and reasoned conclusion in response to the questionStage Two: Strengths (20)
Here is a suggested response:Stage One: The key issues I would expect to see addressed in the essay are:- Definition of duress of threats and the legal tests for the defence- Discussion of relevant case law setting out the legal principles such as R v Howe and Hasan - Consideration of the policy rationale for/against allowing the defence and whether this strikes a fair balance- Application of the law to the question by discussing whether a person who commits an offence because they have been forced against their will may have a defence of duress of threats- A balanced and reasoned conclusion in response to the questionStage Two: Strengths
2. Starter:
Can you find the cases?
Can you find the cases? There are 24 here…
Find them and allocate them to one of the areas as a class.
Insanity
Automatism
Duress of Threats
Intoxication
Duress of Circumstances/Necessity
3.
4. All of you need to identify the case (name or facts)
Most of you should be able to identify the defence
Some of you may even be able to work out which is the odd one out... And why!
5. revision aid
Group One:
Necessity and Duress of
Circumstances
on one of general defences
You need to include in your revision section:
All of you must include (E grade)
Full case profile of one key case on the area
Reference to at least four other relevant cases and their
importance.
Clear definition of three terms which are relevant to your area (at
least one must be visually represented)
Group Two:
Duress of Threats
Group Three:
Intoxication
Most of you should include (C Grade)
A symbol or diagram relating to your area
Two jokes or puns related to further cases on your area
(Challenge: can you use these to draw out critical points regarding at
least one case?)
Warning:
Some of you might include (A Grade)
One (short) problem question for your viewers to think about
Three reforms to your law based on your learning… linked to
cases.
All of these will be taken in and form part of your
revision booklet at the end of the year, so it’s up
to you the quality of the notes!
All of you must contribute to the revision aid.
Each group will be set an essay on their areas to complete
for homework this week, so this is your last chance to
check that you understand your area of law, and it’s issues.
Consolidation
You are going to work together to produce a
6. Starter:
Can you turn these sentences into a level four
answer?
All of you should be able to identify the weaknesses in each sentence
Most of you should be able to improve the response with more accurate reflection of the law
Some of you should be able to develop the point critically.
Student Statement
Duress means the defendant has been threatened
and committed a crime.
In M’Naughten he tried to shoot the Prime Minister
and missed. He was convicted of insanity.
If D is drunk he doesn’t have a defence as he drank.
Improved response
7. Intro:
How are you doing?
Student Task:
Read through your essay and complete the response
sheet. Remember that the aim is to identify both your
strengths and potential areas for improvement.
Ensure you also include your progress in DRAG tests,
and section Cs.
8. So, what should your essay look like?
Stage One: what key information or issues are
you going to expect to see in response to this
question?
Stage Two: read the essay and annotate it. This
means commenting on what the strengths of the
essay are, or pointing out things that they should
have considered or thought about.
Stage Three: Now, look back through the essay
and highlight the cases. You can only credit these
if they are used properly: any which are just
dropped in cannot receive full credit.
9. Stage Four: Finally, look at the mark grid below and decide which box describes what you have
read for each assessment objective.
10. Over to you!
Your questions:
Discuss the extent to which a person who commits an offence
because they have been forced to do so against their will, may have
a defence of duress of threats.
The law on duress of circumstances and necessity is confused and
unclear, however, there is a clear need for some form of the defence
to exist.
Discuss the accuracy of this statement.
Discuss the view that the defence of intoxication strikes a fair balance
between legal principle and public policy.
You must include:
A short presentation with tasks
covering the essential knowledge
A simple A4 revision sheet covering
key definition and cases
You should also include:
A sample essay in response to a past
question [aim band 3/4]
A recent development or example of
the law in action.
You may also include:
Case based AO2 comment
A scenario question, aimed at drawing
out the key issues