this is a shout essay and asks for reflection
on central themes/issues arising in the course – remember, our focus has been on both specific issues of legal construction and on problems with the law that arise in practice (e.g. issues re: prosecution, evidence, questions of ‘justice’ etc)
Consider having 3 concrete examples of offences/offence types that you can describe in good detail (e.g. specifics of the law/elements/legal construction etc) and critique thoughtfully in terms of strength/weaknesses of both construction and application/effectiveness of law in context.
The criminal law actively delineates the boundaries around what constitutes criminal behaviour and sets out the thresholds for criminal responsibility for specific offences. Tensions and criticisms sometimes arise with respect to these issues. For example, are the boundaries appropriate? Do they effectively capture the offending behaviour, or are they too broadly or narrowly constructed? Are there deficiencies in the construction of criminal responsibility in particular offence types?
Question: Choose two examples of criminal offences. For each example, consider the issue raised above by describing key aspects of the offence’s elements, and critically examining any tensions or problems that arise with respect to its interpretation and/or application.