Causation and Intervening Acts in Criminal Law Essay Example for Free

Causation and Intervening Acts in Criminal Law Essay According to Robin J.A. in Malette v Shulman[1], â€Å"the right of self-determination which underlies the doctrine of informed consent also obviously encompasses the right to refuse medical treatment. A competent adult is generally entitled to reject a specific treatment or all treatment, or to select an alternate form of treatment, even if the decision may entail risks as serious as death†¦The doctrine of informed consent is plainly intended to ensure the freedom of individuals to make choices concerning their medical care. For this freedom to be meaningful, people must have the right to make choices that accord with their own values regardless of how unwise or foolish those choices may appear to others.†[2] R v Blaue[3], a famous causation case in criminal law, brings to foreground a thought-provoking debate about whether an individual’s religious beliefs and other psychological values could be included in the ‘thin skull’ rule and whether the refusal to take lifesaving medical treatment breaks the chain of causation that exists between the defendant’s wrongdoing and the purported outcome of that wrongdoing. The facts of the case are as follows Blaue, the defendant, stabbed a woman numerous times after she refused to have sexual intercourse with him. She was a Jehovah’s Witness and was therefore not in favour of blood transfusions. After the stabbing, she was taken to a hospital and was told that she urgently needed to have a blood transfusion, without which she would die. Owing to her religious beliefs, she refused to consent with the suggested treatment. As a result, she died in the hospital. While giving the judgment, Lawton L.J. stated that â€Å"those who use violence on other people must take their victims as they find them.†[4] This, according to him, not only includes victims’ physical characteristics, but also their emotional, psychological and spiritual values and beliefs. This decision has proved to be extremely controversial and gives rise to various debates. Most understand the rationale behind the court’s judgment and agree that the defendant is , as a matter of fact, criminally liable for causing the injury. After all, the victim was at the receiving end of several stabbings, imposed by the defendant, who clearly had an intention of causing serious bodily harm, if not death. However, some feel that the death was the result of the victim’s refusal to carry out the blood transfusion. They feel that the defendant should not be responsible for the unusual, irrational and unjustified religious beliefs of the victim. In addition, the defendant could not have possibly foreseen her backing out of receiving medical treatment in the hospital. The Blaue case creates many doubts about the doctrine of causation in criminal law. Was Blaue responsible for the victim’s death or was it an act of the victim, since it was her decision to refuse a blood transfusion? If we conclude that Blaue is indeed responsible for her death, another question comes to mind: Why is the victim not responsible for her own death? First and foremost, it is a fact that the victim sustained injuries due to numerous stabbings and it was Blaue who had inflicted them upon her. Her not taking any steps to save herself did not instigate her death. Secondly, there is an application of the ‘thin skull’ rule in this case. An important principle of the law of causation is that defendants must ‘take their victims as they find them.’ This means that if a defendant pushes someone and because they have a thin skull, they crack their head and die, the defendant will be liable for causing their death. The Court of Appeal in Blaue indicated that the decision could be seen as a ‘thin skull’ example. It was established that the ‘thin skull’ rule goes beyond the physical characteristics of individuals, also including a person’s moral and religious beliefs. Thirdly, the victim’s decision to not undergo blood transfusion, which would have clearly saved her life, was based on profound religious views and hence, did not constitute a novus actus interveniens. That is, it was not an intervening act. Nevertheless, the judgment has been critisised on various grounds. Why was the vict im’s decision to refuse medical treatment seen as a subsisting condition rather than an intervening cause? Would it have been the same if the refusal was due to a fear of needles or the fact that she could not bear the pain and thought dying was the only way to end the agony? A decision steered by religious beliefs is a moral choice, that is, a free decision. Why should the defendant endure the responsibility if the victim makes a free choice to kill herself any more than he should if, weakened by the injury, the victim took a controversial choice to end her life with dignity rather than enduring pain and life-long humiliation? Thus, to understand the Blaue case, we not only need to take into account causation in criminal law, but also the two doctrines which apply to the concept of proximate causation; the ‘thin skull’ rule and the principle of novus actus interveniens. Causation In criminal law, individuals that are guilty of a crime are penalised for the harm they cause if both the physical and the mental element of committing an offence is present. There must be a valid connection between an individual’s conduct and the result alleged to constitute an offence. The causation requirement attaches criminal responsibility to those individuals whose conduct is sufficient enough to bring about serious bodily injury or death. In Hallett[5], the accused assaulted a man and left him on a beach. Over the next few hours, the man drowned. The court concluded that Hallett’s contribution to his death was more than minimal to hold him responsible for it. However, in Blaue, the defendant was found to be the substantial and operating cause of the woman’s death. That is, his stabbings is why she was admitted to a hospital in the first place. ‘Thin skull’ rule The defendant must take the victim as he finds him or her and this means ‘the whole man and not just the physical man.’ This rule applies irrespective of whether the defendant is aware of the condition in the victim. On one hand, there are instances where the victim suffers from a pre-existing condition which renders him or her more vulnerable to injuries. On the other hand, there are cases where the victim does not take medical treatment to heal wounds and suffers serious harm as a result. A defendant cannot escape liability for a victim’s death as a result of an abnormality pres ent in the victim or an internal, subsisting belief of the victim. It is his fault that he caused harm in the first place. In R v Hayward[6], a man chased his wife into the street shouting threats and kicked her. She collapsed and died from an unusual thyroid condition which made her susceptible to physical exertion and fear. He was convicted of manslaughter because he aggravated her pre-existing condition by physically assaulting her. This case is a good example of the ‘thin skull’ rule applying to the physical characteristics of an individual. The fact that he could not possibly foresee her dying is not an excuse. However, can a victims religious beliefs constitute a thin skull? With reference to Blaue, according to Hart and Honorà ©: â€Å"The question is not whether it is reasonable to believe that blood transfusion is wrong, but whether a person whose life is in danger can reasonably be expected to abandon a firmly held religious belief. The answer must be surely no.†[7] Religious beliefs and convictions are an internal cha racteristic of individuals, which is deeply rooted in their way of thinking and life. It is intrinsic to every person. Hence, people cannot be held legally accountable for possessing such sentiments. Novus Actus Interveniens The general principle is that an intervention by a third party will break the chain of causation if it is ‘free, deliberate and informed.’ In R v Kennedy[8], Kennedy prepared a syringe for the victim, who injected himself and died due to an overdose. Kennedy was convicted of unlawful manslaughter. The act of the victim, in injecting himself with the drug, was an intentional, free, deliberate and an informed action. Thus, the drug dealer is not guilty of unlawful manslaughter. In contrast, in R v Dear[9], the defendant slashed the victim repeatedly with a knife. The victim died two days later. The defendant appealed against his conviction for murder, arguing that the chain of causation had been broken because the victim had committed suicide either by reopening his wounds or because he had failed to take steps to stop the blood flow after the wounds had reopened them selves. The court dismissed the appeal and held that the real question was whether the injuries inflicted by the defendant were a substantial and operating cause of the death. The victims death resulted from excessive bleeding from the artery, which was triggered by the defendant when he attacked the victim. In Blaue, the refusal to get treatment does not break the chain of causation, despite the fact that it was informed and deliberate, because having such a belief is involuntary and requisite. According to Hart and Honorà ©, â€Å"the question to be decided is whether the decision to refuse treatment is not merely deliberate and informed but also a free one. In view of the high value attached in our society to the matters of conscience, the victim, though free to accept any belief she wished, is not thereafter free to abandon her chosen belief merely because she finds herself in a situation in which her life may otherwise be in danger. So it was not her free act to refuse a transfusion.†[10] It was reasonably foreseeable that a Jehovah’s Witness would refuse a blood transfusion. The victim had no choice due to her religion. It was not a free decision because, in a way, she was bound by it. It could be said that she simply let the wound take its natural course. Moreover, the death was caused due to the bleeding arising from the penetration of the lungs, which was brought about by the stabbings. The substantial and operating cause test does not take into account a victim’s distinct characteristic. So long as victim died of internal bleeding due to the wound administered by Blaue, we need not ask further questions. However, if the principle of ‘taking your victims as you find them, including their beliefs’ is applied to more cases, it would have varying results. Let’s assume that X assaults Y. Y ends up committing suicide because she is mentally unstable or because she hopes to get X behind bars. Another example could be that X shoots Y on his left leg. Y could go to the hospital but decides to remove the bullet by himself. Unable to do so and still refusing medical treatment, he dies. Should X ‘take’ Y’s unstable, vengeful or negligent behaviour? Is that justified or is it unfair? [ 1 ]. Malette v Shulman [1991] 2 Med LR 162. [ 2 ]. Jerome Edmund Bickenback, Canadian cases in the philosophy of law, 4th edition, at 160 to 161. [ 3 ]. R v Blaue [1975] 1 WLR 1411. [ 4 ]. Michael T. Molan, Sourcebook on Criminal Law, 2nd edition, at 67. [ 5 ]. Hallett [1969] SASR 141. [ 6 ]. R v Hayward (1908) 21 Cox 692. [ 7 ]. Denis Klimchuk, Causation, Thin Skulls and Equality (1998) at pg. 126. [ 8 ]. R v Kennedy [2007] UKHL 38. [ 9 ]. R v Dear [1996] Crim LR 595. [ 10 ]. Alan Norrie, Crime, Reason and History: A Critical Introduction to Criminal Law, at pg. 143.

Macbeth as the Aristotelian Tragic Hero Essay -- Macbeth essays

Macbeth as the Aristotelian Tragic Hero The first criterion that a tragic hero must comply to is that they must be above average. They must be Khrestos. Macbeth is khrestos. He is described as "valour's minion" 1-2 19. Valour's minion means bravery's favourite. Also he is spoken of as "brave" and "Bellona's bridegroom". Bellona was the goddess of war. Duncan, the king, describes Macbeth as "noble". And also uses a familiar term for Macbeth, as if he is in the kings family. "o' valiant cousin, worthy gentleman". These quotations from Duncan carry more weight as they are from the highest nobility, the monarch himself. These quotes evidence that Macbeth is khrestos. Everyone thinks highly of him and he is already Thane of Glamis, then he becomes Thane of Cawdor. The Thane of Cawdor is executed for being a traitor, so Macbeth inherits the label of a traitor, even though it is not known. Another condition of a tragic hero is that he must have a flaw in his character that will prove fatal to his life or status. This flaw is called Hamartia. Macbeth's hamartia is that he is ambitious. It is obvious that he has thought about being king before the predictions of the three witches. "if chance will have me king, why, chance may crown me without my stir". This quote evidences this fact. The best piece of evidence of Macbeth's hamartia is his line. "I have no spur to prick the sides of my intent, but only vaulting ambition which o'erleaps itself". It is also clear that he is ambitious, when he is at the castle of Duncan and Malcolm is named as the Prince of Cumberland, which is heir to the throne.... ...ies Macduff's son when he is stabbed by an assassin. We also feel fear and pity for Banquo when he is killed whilst on his innocent ride with Fleance. Both scenes before each respective murder are sweet and homely and make the reader feel doubly upset when the characters are murdered. Some people pity Macbeth during his anagnorisis, but not during his peripetiea when his relationship with his wife is falling apart, we tend to pity Lady Macbeth. "how now my lord, why do you keep alone" 3-2 l8. She sounds upset and innocent when we still really know that Lady Macbeth is pure evil and helped to corrupt her husband. I conclude, that I do believe Macbeth is a true tragic hero in the Aristotelian sense. Macbeth fits all the criteria and I do indeed experience catharsis, all the way through the play.

“Catcher In the Rye” by J.D. Salinger Essay

In the novel The Catcher in the Rye by J.D. Salinger, Holden Caulfield is troubled and needs the help of someone close to him to stop his downward spiral. His troubles cloud his mind and make it difficult for him to succeed in school, and to operate in the real world. Many try to give him advice to make him realize the errors he is making so he can correct them before there are serious effects. His sister, Phoebe, really offers the contrast to Holden and his immaturity and unrealistic beliefs. She tries giving him the advice that would end the freefall he is in. Phoebes advice is the only possible solution to help Holden, and his acceptance or denial will ultimately decide his future, whether he knows it or not. Phoebe is more mature than Holden, and she is six years younger than him. She understands that, despite what Holden thinks, growing up is necessary and inevitable. Holden has Peter Pan mentality, in that he doesnt want to grow up because he feels that adulthood corrupts the innocent minds of children. Phoebe tells Holden that he is just being ignorant and unrealistic, and that he has to grow up. She gets angry with him and tells him that he is too negative and that he doesnt like anything. She tells him to say one thing he liked, and the only thing he can think of is Allie, and Phoebe reminds him that he is dead. Phoebe makes Holden realize that his negative, immature, and pessimistic views have caused him to hold on to only the memory of his brother and caused him to shut out everything else. Holden wishes to stay young so that he can feel closer to his brother. Holden has realized how he has been secluding himself, rather than accepting others because of Phoebes advice to grow up, but he doesnt accept the advice. Phoebe continues to pepper him with questions to help pull him out of his state of constant negativity, but he continually answers her by beating around the bush so he can avoid dealing with his problems. He knows deep down Phoebe is right because he is seriously trying to think of something he likes, but he cant. He knows that his sister is trying to help, but he doesnt want it because he is still clinging to the hope that he can stay young and help others stay children forever. His insecurities, exposed by Phoebe, lead him to shut himself out from Phoebe as well and now he is just about unapproachable by any that want to help himPhoebe tries to help  Holden by telling him what he has done, and he denies the advice and help because he knows she is right. Holden wants her to be wrong, but he knows she is right. If Holden had just accepts the help, he would avoid the ultimate depression he falls into. Phoebes assessment of Holden was right on, but it doesnt make a difference, despite the truth in it. Holden had created such a negative perspective of adulthood and such a grand perspective of childhood, which he doesnt want to let go of. Phoebe knew what needed to be said, and she said it, but Holden wouldnt listen, and his ignorance led to his downfall at the end of the story. Holden had the chance to be stopped from plummeting to a miserable place, but he ignores the opportunities. Many people give him good advice, especially his sister, and he rejects it. His refusal to be saved from himself and his views causes him to end up in a mental institute. In the end, it was Holdens childish mentality, which he clings to so dearly, that causes him to miss several chances to be rescued. Bibliography:Catcher in The Rye(No Sources other than the book used)

The Importance Of Leadership, Traits, And The Value Therein

Streamlining Groups: A Discussion Pertaining to Leadership, Traits, and the Value Therein Throughout history there have been numerous leaders who changed the course of the world, whether through conquest or innovation, having the vision and ability to stand at the front of their people and guide them to the future. Yet one must only look at the past to see that for every successful leader there were several who failed at some point in their course, lacking some qualities contained within their more well known peers. Analyzing the most well known leaders of history has led me to believe that the three most important characteristics of leadership are the abilities to delegate tasks, communicate well, and inspire. The phrase â€Å"no man is an island† is one that comes to mind when the actions of failed leaders are observed. All too many times a would-be leader of men has lost their position due to relying solely on their own work and not trusting that of their followers. At some point in a group’s lifespan it is necessary for the leader to acknowledge that the y cannot achieve everything on their own and that they must begin assigning tasks to other members. Having the ability to delegate is important because of one reason: As a group grows there will inevitably be members who are better at certain tasks than the leader is. If the leader cannot give them the tasks that suit their talents it will not only lower the efficiency of their group, but also foster resentment in theShow MoreRelatedEmployee Engagement in Today’s Multi-Generational Workforce Essay4090 Words   |  17 Pageschallenge of motivating and engaging employees across generations with noticeably different work styles, performance goals, and ethnicity into the same work culture. 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