Criminal law

Is the USA Patriot Act and effective deterrent to terrorism? Why, why not? What are your suggestions for combating terrorism?

Criminal Law

Leila and Malik are having a cigarette together in the outdoor smoking area of the 95-Degrees nightclub. Leila stubs her cigarette out in the smoking trays provided. However, Malik flicks his lighted cigarette, which lands inside a large industrial bin a few metres away. Leila sees this and says, “Did you see where that went?” Malik replies, “Yes. I didn’t mean it to go in the bin I’m sure it will be okay.” Both head back inside the nightclub. After about ten minutes, Malik goes back outside. To his dismay, he sees white smoke rising from the bin. He decides to leave the club without raising the alarm. Within half an hour the fire in the bin spreads to the club, setting fire to its roof. Around one thousand people have to be evacuated from it. However, the fire chief later informs the owners of 95-Degrees that it was very lucky that no-one was killed by the fire.

Malik watches the fire from a distance. As he does so he is approached by a group of students who have been evacuated from the club. One of these students, Emilia, points at Malik and says, “I saw you flick that cigarette! It was you who did this.” Malik pushes Emilia out of the way, causing her to stumble and fall on a broken bottle on the pavement, cutting her arm. Another student, Gavin, shouts at Malik, “That’s my girlfriend! I’m calling the Police!” Malik loses his temper and picks up the broken bottle and lunges at Gavin with it. The broken bottle slices deep into Gavin’s cheek. Malik runs off, only to be arrested later.

Consider the liability of Malik for criminal damage and/or offences against the person, as appropriate.

Students should not discuss any potential ‘self-defence’ and the corresponding ‘what is reasonably necessary’ issues. ©

2015 – 2016 Academic Session
Rules for the Production and Submission of Coursework
IMPORTANT: The following rules for production and submission of coursework must be followed and will form part of the assessment in respect of demonstrating an ability to follow, apply and comply with instructions. You will lose marks if you do not follow the rules listed below.
1. Producing and Presenting your Coursework: Format
(a) You must produce your work in accordance with the latest version of Lancashire Law School Coursework Guidance Booklet (there is a copy on Blackboard) – the Guide contains advice on spacing, fonts, justification of text, footnotes, word counts, referencing and citation and bibliographies.
(b) Your work must not be produced using ‘unfair means’ (collusion, plagiarism and other such forms of cheating).
(c) We prefer your work to be word-processed in 12 point font AND double spaced so tutors can read with ease and have sufficient room to insert comments.
(c) Case names must be in italics.
(d) All citations to cases, statutes, books and journals must be referenced fully, as must web-sites used (with the date last accessed specified) using the OSCOLA style reference guide
(e) All pages must be numbered.
(f) You must count the words used (excluding the words used to write the footnotes and bibliography) and this must be declared honestly and accurately on your assignment. Failure to declare the words used will mean your work will not be marked and inaccurate declarations of words used will lead to disciplinary proceedings.

2. Submitting your Coursework
(a) All written assessments (unless otherwise directed by your module leader) must be produced and submitted electronically through a ‘Turn-it-In’ submission box. The e-submission box will be located on your Module Blackboard space. Your module tutor will inform you where the precise location is.
(b) You must not write your name anywhere on your assignment because all work is marked anonymously. Instead, please ensure your student ID number is clearly marked on your work.
(c) An LLS assignment e- front-sheet must be attached to your work to enable summary comments be made.
(d) You must submit ONE copy of your coursework only: an electronic submission via Blackboard (so we can verify submission, word counts and plagiarism and insert feedback via Grademark.
(e) We do not accept e-mail, faxed, or postal submissions of coursework.
(f) Try and submit your work well in advance of the deadline.
(g) If you have an authorisedextension of between 1 and 10 days your work will not be penalised.
(h) If you submit your work late without an authorised extension, we will only accept it for marking up to 5 working days after the deadline and the work will be capped at 40%. PLEASE NOTE: unauthorised late submission at resubmission (i.e., a re-assessment) will automatically be a awarded a mark of 0% for that element of assessment.
(i) All work submitted 5 working days after the agreed deadline (and without an authorised extension) will be awarded a 0% grade (please see your Course Handbook for details).

3. Results
(a) Individual feedback will be available within the 15 working days (excluding holidays periods when the University is closed and weekends) after the submission date.
(b) Your coursework will be returned by your seminar tutor (via Grade-Mark on the turn-it-in platform) by the feedback date stated on the front cover sheet.
(c) All marks remain provisional until after the final examination board has met.
©

Assessment Outcomes
Please refer to the Lancashire Law School written assessment criteria which you can access on your module Blackboard page, in your module and course handbooks or the LLB (Hons) Blackboard page.
When marking this assignment we are looking for evidence that you’ve achieved the following assessed outcomes: OUTCOME     HOW TO DEMONSTRATE THE OUTCOMES IN
THIS ASSESSMENT     WEIGHTING
(INDICATIVE)
LEVEL 5
AO 1     Understanding
Your legal knowledge
• You can retrieve, explain and apply relevant, and up-to-date, legal authority.

• Your work demonstrates an accurate explanation and definition of legal rules (and where appropriate principles and standards and their underlying values)

• Your work identifies relevant legal issues and explains the law relevant to the question set
40%
AO 2     Applying
Your range and depth of analysis and evaluation
• You can argue from claims to conclusions using appropriate legal evidence to create a persuasive argument.

• You can show some of the limitations of the both the claims you make and the evidential base used to support them.
25%
AO 3     Researching
Your range of sources, citations and referencing
• All sources of evidence, such as law (cases and statutes), books, journals and web-based sources, are cited fully and accurately in accordance with the OSCOLA style guide.

• Your work contains a complete and accurate bibliography is produced at the end of the assignment, in line with the style outlined in both the LLS Coursework and OSCOLA guides.

• Your work complies with the academic regulations on ‘unfair means to enhance performance’: see the assessment handbook http://www.uclan.ac.uk/aqasu/academic_regulations.php
20%
AO 4     Communicating
Your structure, style, spelling, grammar and punctuation
• Your work contains an introduction, a legal argument organised into paragraphs which addresses the question set, and a concluding paragraph which should restate your answer to the question set.

• Your work is presented and produced in line with the recommendations contained within the LLS Coursework Guide.

• Your work is legible, coherently expressed and articulates a clear, structured legal argument, and is free from grammatical, punctuation and spelling errors.
• You can produce your work to agreed word limit – for this assessment it is 1, 200 words – and to an agreed deadline.
15%

Criminal Law

Leila and Malik are having a cigarette together in the outdoor smoking area of the 95-Degrees nightclub. Leila stubs her cigarette out in the smoking trays provided. However, Malik flicks his lighted cigarette, which lands inside a large industrial bin a few metres away. Leila sees this and says, “Did you see where that went?” Malik replies, “Yes. I didn’t mean it to go in the bin I’m sure it will be okay.” Both head back inside the nightclub. After about ten minutes, Malik goes back outside. To his dismay, he sees white smoke rising from the bin. He decides to leave the club without raising the alarm. Within half an hour the fire in the bin spreads to the club, setting fire to its roof. Around one thousand people have to be evacuated from it. However, the fire chief later informs the owners of 95-Degrees that it was very lucky that no-one was killed by the fire.

Malik watches the fire from a distance. As he does so he is approached by a group of students who have been evacuated from the club. One of these students, Emilia, points at Malik and says, “I saw you flick that cigarette! It was you who did this.” Malik pushes Emilia out of the way, causing her to stumble and fall on a broken bottle on the pavement, cutting her arm. Another student, Gavin, shouts at Malik, “That’s my girlfriend! I’m calling the Police!” Malik loses his temper and picks up the broken bottle and lunges at Gavin with it. The broken bottle slices deep into Gavin’s cheek. Malik runs off, only to be arrested later.

Consider the liability of Malik for criminal damage and/or offences against the person, as appropriate.

Students should not discuss any potential ‘self-defence’ and the corresponding ‘what is reasonably necessary’ issues. ©

2015 – 2016 Academic Session
Rules for the Production and Submission of Coursework
IMPORTANT: The following rules for production and submission of coursework must be followed and will form part of the assessment in respect of demonstrating an ability to follow, apply and comply with instructions. You will lose marks if you do not follow the rules listed below.
1. Producing and Presenting your Coursework: Format
(a) You must produce your work in accordance with the latest version of Lancashire Law School Coursework Guidance Booklet (there is a copy on Blackboard) – the Guide contains advice on spacing, fonts, justification of text, footnotes, word counts, referencing and citation and bibliographies.
(b) Your work must not be produced using ‘unfair means’ (collusion, plagiarism and other such forms of cheating).
(c) We prefer your work to be word-processed in 12 point font AND double spaced so tutors can read with ease and have sufficient room to insert comments.
(c) Case names must be in italics.
(d) All citations to cases, statutes, books and journals must be referenced fully, as must web-sites used (with the date last accessed specified) using the OSCOLA style reference guide
(e) All pages must be numbered.
(f) You must count the words used (excluding the words used to write the footnotes and bibliography) and this must be declared honestly and accurately on your assignment. Failure to declare the words used will mean your work will not be marked and inaccurate declarations of words used will lead to disciplinary proceedings.

2. Submitting your Coursework
(a) All written assessments (unless otherwise directed by your module leader) must be produced and submitted electronically through a ‘Turn-it-In’ submission box. The e-submission box will be located on your Module Blackboard space. Your module tutor will inform you where the precise location is.
(b) You must not write your name anywhere on your assignment because all work is marked anonymously. Instead, please ensure your student ID number is clearly marked on your work.
(c) An LLS assignment e- front-sheet must be attached to your work to enable summary comments be made.
(d) You must submit ONE copy of your coursework only: an electronic submission via Blackboard (so we can verify submission, word counts and plagiarism and insert feedback via Grademark.
(e) We do not accept e-mail, faxed, or postal submissions of coursework.
(f) Try and submit your work well in advance of the deadline.
(g) If you have an authorisedextension of between 1 and 10 days your work will not be penalised.
(h) If you submit your work late without an authorised extension, we will only accept it for marking up to 5 working days after the deadline and the work will be capped at 40%. PLEASE NOTE: unauthorised late submission at resubmission (i.e., a re-assessment) will automatically be a awarded a mark of 0% for that element of assessment.
(i) All work submitted 5 working days after the agreed deadline (and without an authorised extension) will be awarded a 0% grade (please see your Course Handbook for details).

3. Results
(a) Individual feedback will be available within the 15 working days (excluding holidays periods when the University is closed and weekends) after the submission date.
(b) Your coursework will be returned by your seminar tutor (via Grade-Mark on the turn-it-in platform) by the feedback date stated on the front cover sheet.
(c) All marks remain provisional until after the final examination board has met.
©

Assessment Outcomes
Please refer to the Lancashire Law School written assessment criteria which you can access on your module Blackboard page, in your module and course handbooks or the LLB (Hons) Blackboard page.
When marking this assignment we are looking for evidence that you’ve achieved the following assessed outcomes: OUTCOME     HOW TO DEMONSTRATE THE OUTCOMES IN
THIS ASSESSMENT     WEIGHTING
(INDICATIVE)
LEVEL 5
AO 1     Understanding
Your legal knowledge
• You can retrieve, explain and apply relevant, and up-to-date, legal authority.

• Your work demonstrates an accurate explanation and definition of legal rules (and where appropriate principles and standards and their underlying values)

• Your work identifies relevant legal issues and explains the law relevant to the question set
40%
AO 2     Applying
Your range and depth of analysis and evaluation
• You can argue from claims to conclusions using appropriate legal evidence to create a persuasive argument.

• You can show some of the limitations of the both the claims you make and the evidential base used to support them.
25%
AO 3     Researching
Your range of sources, citations and referencing
• All sources of evidence, such as law (cases and statutes), books, journals and web-based sources, are cited fully and accurately in accordance with the OSCOLA style guide.

• Your work contains a complete and accurate bibliography is produced at the end of the assignment, in line with the style outlined in both the LLS Coursework and OSCOLA guides.

• Your work complies with the academic regulations on ‘unfair means to enhance performance’: see the assessment handbook http://www.uclan.ac.uk/aqasu/academic_regulations.php
20%
AO 4     Communicating
Your structure, style, spelling, grammar and punctuation
• Your work contains an introduction, a legal argument organised into paragraphs which addresses the question set, and a concluding paragraph which should restate your answer to the question set.

• Your work is presented and produced in line with the recommendations contained within the LLS Coursework Guide.

• Your work is legible, coherently expressed and articulates a clear, structured legal argument, and is free from grammatical, punctuation and spelling errors.
• You can produce your work to agreed word limit – for this assessment it is 1, 200 words – and to an agreed deadline.
15%