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. 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The Effects Of Sex Education On Children - 1107 Words

According to Roemer and Paxman, there are laws and regulations regarding sex education that inhibit children from being exposed to sexuality. I believe the idea of shielding children from sexuality is not based on evidence, and may really be dangerous. There are several studies researching how children are affected through early introduction. Unfortunately, practically all of those findings focus on abuse situations, making it difficult to make assumptions about non-abuse situations. From some of these papers, I d like to argue that shielding children of any age is actually harmful. It perpetuates the shame of sexuality being an inappropriate and unspoken topic. In my opinion, it takes from young children the ability to discuss sexual topics. I think parents, educators, and others should allow young children to become aware of sexuality. Instead of enabling browser filters on computers, we should treat sexuality the same way we treat action and violence. 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Imperialism in Africa Essay - 620 Words

Melissa B5 Imperialism in Africa In the late 1800’s Europeans took over Africa, took their resources,enslaving the Africans, and changed the course of history. The Europeans took over Africa, which is called The Scramble For Africa, in 1884-1914. The Europeans took over because Africa was rich in raw materials, they wanted power, and they thought their culture was superior. The driving force behind imperialism was need for resources, political competition, and technological advances. One driving force behind imperialism was need for natural resources. Document E uses a bar graph to show imports and exports in 1854, and 1900 between Great Britain and South Saharan Africa. Great Britain made 3 million British pounds in 1854, and 21†¦show more content†¦Document A can be used to explain a driving force behind European imperialism in Africa because it shows where and what the Europeans were competing for. The final driving force behind imperialism was technological advances. Document C is a chart that sh ows when the technological development was invented and what the use and significance was for each invention. Most of the technology in the chart was invented in the 19th centry. One of the inventions which was the method of getting quinine from cinchona tree bark cured a tropical diesease called Malaria, and the repeating rifle gave European armies an advantage over African armies. The most important invention was the method of getting quinine because it saved lives by treating people before they died of sickness. Document C could be used to explain the primary cause of European imperialism in Africa because they needed resources to advance their technology so they could take over Africa.Technological factors were not more of a primary cause of European imperialism in Africa than political reasons or nation pride because they believed the Africans were uncivilized and it was their duty and right to take over. 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Aggressive Behavior of Marine Fishes Free Essays

The notion of â€Å"survival of the fittest† of Charles Darwin denotes competition in the available life resources among living organisms. Biologists typically classify competition as exploitative or scramble competition and interference or defense competition (Reebs, 2008). In exploitative competition, the species explore every nook in the environment to search for the best niche, ample food supply or even the best mate. We will write a custom essay sample on Aggressive Behavior of Marine Fishes or any similar topic only for you Order Now On the other hand, defense competition results when a particular species defend their niche, food stuffs, offspring, and mate against invading animals (Reebs, 2008). With these, animals show aggressive behaviors to warn other species or to defend themselves. Hierarchical Social Structure Among Fishes Chasing and biting are commonly observed among fishes especially when a new one was placed in the group of fishes in a tank or an aquarium. Aggressive behaviors are shown by dominant fishes in the group until such time that a certain order was attained within the group where specific place for every fish has been defined (Reebs, 2008). This is called as hierarchy among fishes for a single fish dominates other fishes in the group. Since fishes not only spend high energy in fighting but also suffer injuries (Reebs, 2008), the attainment of harmony within their group through hierarchical social structure benefits them all. This phenomenon is observed among the school of salmonids, eels, centrarchids, catfishes, poeciliids, and other species (Reebs, 2008). In the hierarchy, the dominant fish tends to limit the access of subordinate fishes to available life resources such as food. As commonly observed in brown bullhead, salmon, cichlids, and medaka, the dominant fish chases subordinate fishes away from food resources (Reebs, 2008). Thus, they are forced to occupy the barren part of the habitat. As a consequence, fishes in the lower ranks are prone to stress due to annoyance and bullies of dominant fishes. This stress induces them to release metabolic hormones, as revealed by blood analysis of subordinate fishes (Reebs, 2008), that may affect then their physiological processes including growth and reproduction. The stability of the dominant status depends on the type of fish species. For instance, rainbow trout can remember their hierarchical place. Even if there will be a reduction in the physical strength of the dominant fish, lower rank fished would not attempt to take advantage and stage a coup (Reebs, 2008). On the contrary, catfishes in lower rank often look for an opportunity to dethrone the dominant fish as it shows weakness (Reebs, 2008). In the same manner, as the dominant males of cichlid guard the breeding areas, subordinate males always look for an opportunity of entreating females. These experimental observations proved the social dynamics among fishes. Territorial Defense and Aggressive Behaviors It was observed among Cottus bairdii and Rhinichthysvcataractae that adults used to occupy the deeper part of their habitat while the young forages on the shallow part (Reebs, 2008). This condition not only exposes the young to the threat of predation but also limits their food access. Meanwhile, in Betta splendens, the nest-holding males tend to display more aggressive behavior during the female laying of eggs and even more after the hatching of eggs (Jaroensutasinee and Jaroensutasinee, 2003). Also, black-belt cichlids, Cichlasoma maculicauda, assault egg predators more ferociously than non-egg predators (Reebs, 2008). They usually fry the enemy at a particular distance before launching an attack. This territoriality in terms of food resources defense is effectively done over fairly small habitat. If food resources are in a vast area, the dominant fish can hardly provide efficient protection, hence, leading to non-display of aggressive behaviour (Reebs, 2008). Trout and salmon have been observed to occupy and protect vast areas when food resources are limited. This means that territorial defense is absent if the ecological needs are distributed in vast areas and if the number of intruders is great as compared with the inhabitant fishes (Reebs, 2008). Mating and Aggressive Behaviors Fish may acquire aggressive behavior by merely just observing aggression between conspecifics (Clotfelter and Paolino, 2003). The presence of audience during fish fight may reason out for the increased behavioral display between fighting fishes (Doutrelant and McGregor, 2000). In B. splendens, male-fight losers used gill cover to attract non-witness female while the winner displayed to both witness and non-witness females (Herb, Biron, and Kidd, 20030). After witnessing the two-male wrestle, the female fighting fish, B. splendens, spent time more often with the winner while failure to witness the event, the female visited more often the loser (Doutrelant and McGregor, 2000). Conversely, although size-advantage males of B. splendens species have more chance of winning male-fight but the winning does not affect female preferences of mate (Jaroensutasinee and Jaroensutasinee, 2001). Dominant males of swordtails and guppies delve on the larger part of their habitat including the dwelling place of the females (Reebs, 2008). Due to dominant exclusion, the sexual activities of subordinate fishes tend to be suppressed. This process of exclusion paves the ways for the subordinate male guppies to spontaneously develop a more robust body color that is more attractive for female guppies, thus, regaining the chance for mating (Reebs, 2008). Biological Bases of Aggression Aggressive behaviors among animals are typically attributed to the biochemical function of the androgens. Researches revealed that by androgen decrease in a number of animal male species through castration lessened aggression while injection of hormones to castrated males caused regained aggressions (Desjardins, Hazelden, Van der Kraak, and Balshinea, 2005). Based on the findings of the group of John Wingfield, aggression can also be ascribed to physiological causes. They postulated through Challenge Hypothesis that aggressive encounters among males of the same species lead to production of androgens (Desjardins, Hazelden, Van der Kraak, and Balshinea, 2005). Their notion resulted to the emersion of several studies relating aggressive behaviors with increase in androgen, urinary, plasma, and fecal level. How to cite Aggressive Behavior of Marine Fishes, Papers