criminal law

THE TURKS AND CAICOS ISLANDS COMMUNITY COLLEGE

SPRING 2021 EXAMINATIONS

CONTINUOUS ASSESSMENT VERIFICATION SHEET

FACULTY: Humanities and Liberal Studies

PROGRAMME: Associate Degree

COURSE: Criminal Law

CODE: Law 2212

YEAR GROUP: 2

LECTURER: Tamika Grant

COURSEWORK # ___2___

UNIT(S): __Multiple__ OBJECTIVE(s)_____Multiple_____ PERCENTAGE (20%):

Date administered:

Due date:

MODE OF ASSESSMENT (please tick): TEST ☐ PROJECT ☒ OTHER ☐______________

Assessment Details (Please input coursework here. Note: If it is a test, please attach at the end of this document):

Lecturer’s Signature: _____________________ Date: 14/05/21

ANSWER ANY TWO QUESTIONS

50 MARKS

Question 1.

While walking toward the grocery store one late chilly evening, Carol saw a stranger in the

parking lot staring at her. Carol, a petite woman (5′ 3″ and 130 pounds) realized that the

stranger was significantly larger (6′ 5″ and 250 pounds). She also noticed that he wore dark

clothing, had on a tam and had on a coat with the collar standing up, obscuring much of his

face. Carol completed her shopping and walked back out into the parking lot where she again

saw the man, standing about 100 feet from her to her left.

She began to walk briskly to her car, parked 100 feet to her right. When she arrived at her car,

she looked at the reflection in the car window and noticed that the man was moving quickly

toward her. While opening the trunk of her car, Maggie could hear the man mumbling what

seemed to her to some foul language incoherently. As she placed the groceries in the trunk she

recalled that her son's baseball bat was in the trunk. She turned around and saw that the man

was now only 10 feet away, still walking toward her. When she saw him reach into his pocket,

she grabbed the baseball bat, ran towards him, and swung at him, striking him squarely on the

side of his head.

A) Should the Judge in this case allow a jury to consider the defence of SELF DEFENCE?

B) Should Carol have retreated when the man began to approach her?

1. Question 2.

2. Richard had hired a yacht for the weekend and had gone fishing with his friend

Oliver, and Demetrius. The fishing trip had been arranged for the long

Commonwealth weekend. When they were some 200 miles out at sea a bad storm

suddenly hit. Although it was extremely early in the year for a winter storm, high

gusts and choppy seas rocked the boat to and fro eventually causing the boat to

capsize and sink. The occupants of the boat managed to swim to a nearby

deserted island. Richard had no equipment, clothing, or provisions to survive in

this type of environment. The cabin boy had been injured when the boat capsized

and was in a weakened state. As the days passed and with no food the men began

to entertain the idea of eating the cabin boy who they believed would soon die and

because they did not know when or if they would be rescued. The men along with

the captain drew straws to determine who would kill the Cabin Boy. Richard drew

the long straw and as a result he killed the Cabin Boy and they were able to eat

him. Some 2 days later after eating the Cabin boy the men were rescued.

DISCUSS whether Richard can be charged with Murder and if so whether he can

successfully rely on the defence of necessity as an excuse for killing the cabin

boy.

Question 3

At his trial for first-degree murder in the killing of his girlfriend, Jeff claimed that he heard voices

from God at the time directing Jeff to kill his girlfriend to prevent the world from coming to an

end. While he did not want to kill her and knew that it would be illegal, Jeff believed the voices in

his head and thought that Armageddon would result if he did not kill her. Jeff raised the insanity

defense. The defense expert testified that Jeff attempted to get psychiatric help in the past for

his condition, but that all of the doctors had failed in their treatment. This doctor further testified

that Jeff's condition could be remedied by a regimen of anti-psychotic drugs. In fact, by the time

of the trial, such a program had already succeeded in restoring Jeff to a nearly normal condition.

Since Jeff had been seeing this particular doctor, he no longer suffered from the extreme

hallucinations and uncontrollably violent rampages that destroyed his professional and personal

life up until the time he killed his girlfriend.

DISCUSS whether the defence of INSANITY could be raised in the above scenario with the use

of appropriate case law to justify your response.

QUESTION 4.

The general rule of law is that there can be no liability for failing to act, unless at the time of the

failure to act the defendant was under a legal duty to take positive action.

DISCUSS any 4 circumstances in which a defendant will be held to have a positive duty to act

using relevant case law to support your answer.

QUESTION 5.

The party injured or killed may have been an unintended victim and the perpetrator may want to

argue that he should not be criminally responsible as he did not possess the necessary

mensrea.

DISCUSS the principle of TRANSFERRED MALICE with the use of relevant case law.

Rubric

CATEGORY Exceeds the standard

Meets the standard

Partially meets the standard

Attempted but does not meet the standard

0 = Not attempted

score

Introduction Organization

(5)

There is a well- focused Thesis Statement that introduces the essay and clearly addresses all elements of the writing prompt.

Introduction clearly states the main topic, adequately addressing the writing prompt.

Introduction is somewhat clear, but only partially addresses the writing prompt

Introduction does not address the writing prompt.

No introduction is present

Support for Thesis

(Concrete Details)

(10)

Each body paragraph contains a topic sentence and relevant, telling, quality concrete details that give the reader important information that goes beyond the obvious or predictable. All supporting details serve to substantiate the thesis statement.

Each body paragraph contains a topic sentence that is adequately supported by relevant concrete details. Most supporting details serve to substantiate the thesis statement.

Topic sentence is stated in some body paragraphs. Supporting details are relevant, but some key issues are unsupported. Support for the thesis statement is weak.

Topic sentence is weak. Supporting details and information are typically unclear or not related to the topic. There is a seemingly random collection of information Thesis statement lacks proof.

No topic sentence is present OR no concrete details are present. The paragraph contains no facts, details, or examples.

Commentary (20)

Essay contains explanation, analysis, discussion, comparison and/or contrast that demonstrate mastery and depth of understanding.

Essay contains, explanation, analysis, discussion, comparison and/or contrast that logically supports the concrete details

Essay contains explanation, analysis, discussion, comparison and/or contrast that is weak, incomplete, or partially illogical.

Essay contains explanation, analysis, discussion, comparison and/or contrast that is off topic illogical.

No commentary is present. The paragraph contains no attempt to explain, discuss, analyze, evaluate, compare and/or

contrast the factual information (concrete details) it presents.

Conclusion (Organization)

(10)

The conclusion is strong and logical; provides a clear answer to the question, “So what?”

The conclusion is logical and adequately answers the question, “So what?”

The conclusion is logical, but does not answer the question, “So what?”

Conclusion is illogical.

There is no clear conclusion, the paper just ends.

Conventions Grammar, Usage & Sentence Structure

Spelling & Punctuation

(5)

The essay contains no errors in grammar, word usage or sentence structure.

Essay contains no errors in spelling, capitalization or punctuation

The essay contains 1 or 2 errors in grammar, word usage or sentence structure.

Essay contains 1 or 2 errors in spelling, capitalization or punctuation.

The essay contains 3 or 4 errors in grammar, word usage or sentence structure.

Essay contains 3 or 4 errors in spelling, capitalization or punctuation.

The essay is readable, but contains 5 or more errors in grammar, word usage or sentence structure.

The essay is readable, but contains 5 or more errors in spelling, capitalization or punctuation.

The essay is unreadable because of errors in grammar, word usage or sentence structure.

The essay is unreadable because of errors in spelling capitalization or punctuation.

Additional Instructions

* Please note that an introduction, conclusion and appropriate citation is a

requirement (no less than 4 citations – APA format) and a reference page should

also be included.

There must be a cover page consisting of

Course Name Course Code Lecturers name

Question Name of members of the Group with ID# Date submitted

Formatting

1. 1” margins 2. Use only size 12 type font.

3. Times New Romans 4. Number your pages 5. double-space

6. Do not leave blank spaces between paragraphs. 7. Indent all paragraphs 8. Use black text only on a white background