criminal law first class essay

How to Write a First-Class Law Essay: Mastering the FIRAC Model

Law essays can be challenging, but they contribute significantly to the mastery of legal principles and enhancing a student’s legal research skills. A first-class law essay does not only demonstrate a thorough understanding of legal principles, but is also clearly structured and incredibly well-written. In this article, we will guide you on how to write a first-class law essay, delve into the FIRAC model of legal writing, and address frequently asked questions on law essay writing.

Below is an outline of the points that will be discussed in detail throughout the article:

Understanding the Essay Question and Planning

Comprehensive legal research, writing techniques for a first-class law essay, common faqs on law essay writing.

Table of Contents

The first step in writing a top-notch law essay is to understand the essay question and planning your response. You should take care to read and analyze the question provided, identifying the main issues, required legal areas, and the keywords that will guide your research. Create a rough essay plan, outlining the main arguments and research resources necessary to address the topic.

Thorough researched is necessary in order to write a first-class law essay.This involves examining relevant cases, statutes, academic articles, and other authoritative sources. It is crucial to:

• Build a strong foundation of understanding for the specific legal topics involved
• Identify any contrary viewpoints and conflicting interpretations of the law
• Familiarize yourself with critical legal developments that may affect your essay’s arguments

It is essential to keep track of your sources and their essential details, as you will need to reference them accurately in your essay.

Structuring a Law Essay: The FIRAC Model

The FIRAC model is a universally recognized method of organizing and presenting legal arguments in writing. It consists of:

Start by providing a concise and relevant summary of the facts and background of the issue beingaddressed. Be objective and neutral in your presentation, ensuring that your readers have a clear understanding of the context.

Clearly identify the specific legal issues that arise from the facts. This may involve direct questions or problems that need to be resolved by referring to legal authorities, such as legislation, case law, or academic commentary.

Set out the relevant legal rules, principles, and precedents that apply to the issues in question. Present a clear and comprehensive explanation of the legal authorities and how they apply to the facts.

d. Analysis:

In this section, critically analyze and weigh the various arguments and approaches concerning the legal issues at hand. Provide a detailed evaluation of the relevant legal authorities,discussing their strengths and weaknesses, and highlighting any ambiguities, disagreements, or gaps in the law that are relevant to the issues being addressed.

e. Conclusion:

Wrap up your essay by summarizing the main points, integrating your key findings and the implications of your analysis. Be sure to address the initial essay question and provide a clear answer or position based on your research and discussion. Finally, offer any recommendations or propose potential legal reforms if appropriate.

To ensure that your law essay stands out as first-class, it is essential to embrace effective writing techniques, such as:

• Clarity and precision: Use clear, concise language and avoid unnecessary jargon or verbosity. 2.Coherent organization: Organize your essay logically, ensuring that each section flows smoothly into the next.
• Strong argumentation: Build well-reasoned arguments supported by solid evidence, authoritative sources, and persuasive analysis.
• Critical thinking: Question assumptions, explore alternative viewpoints, and engage in thoughtful reflection and analysis.
• Proper citation and referencing: Adhere to a consistent citation style and accurately credit all sources used in your essay.
• Proofreading and editing: Always proofread and edit your essay meticulously, eliminating grammatical errors, spelling mistakes, and awkward phrasing.

Here are answers to some frequently asked questions about law essay writing:

How long should my law essay be?

The length of your law essay may vary, depending on the specific requirements and guidelines given by your instructor or institution. Typically, law essays range from 1,500 to 3,000 words, but it is crucial to adhere to the specified word count in your assignment.

How do I choose a citation style for my law essay?

Consult your assignment guidelines or ask your instructor for the preferred citation style used in legal writing at your institution, such as the Bluebook, Oxford Standard, or AGLC. Always use one citation style consistently throughout your essay.

Is it acceptable to use non-legal references in my essay?

While law essays primarily rely on legal authorities, it may be appropriate toinclude non-legal references, such as scholarly articles, reports, or empirical studies, to support your arguments or provide additional context. Always check with your instructor or assignment guidelines if you are unsure about using specific non-legal sources.

Can I use headings and subheadings in my law essay?

Headings and subheadings help organize your essay and guide your readers through your arguments. They are generally acceptable in law essays unless prohibited by your institution’s guidelines or your instructor’s preferences. Be sure to use a consistent formatting style for all headings and subheadings.

How can I avoid plagiarism in my law essay?

To avoid plagiarism, always accurately cite and reference any sources you use in your essay,whether they are direct quotes, paraphrased ideas, or summarized information. Also, ensure that your essay is primarily composed of your own original analysis and ideas, rather than relying too heavily on other sources. Make use of plagiarism-checking tools to identify potential areas of concern and correct them prior to submission.

By adhering to these guidelines and employing effective writing techniques, you can enhance the quality of your law essay and increase the likelihood of earning a first-class grade. Always remain diligent, focused, and committed to delivering thorough and engaging legal analysis throughout your academic writing endeavors.

Common Mistakes to Avoid in Law Essays

In addition to following the guidelines and writing techniques, it’s important to avoid common mistakes when writing your law essay:

• Irrelevant or excessive detail : Stay focused on the essay question and avoid providing unnecessary or excessive details that don’t contribute to your central argument.
• Lack of structure: Ensure that your essay is logically organized, with clearly defined sections and a coherent flow from one section to another.
• Misunderstanding the question: Read the essay prompt carefully, and make sure you clearly understand what is being asked before drafting your response. Seek clarification if needed.
• Unsupported claims or arguments: Back up your claims with solid evidence and credible sources. Avoid makingassertions without sufficient justification or analysis.
• Overly complex language or jargon: Write in a clear and concise manner, using language that is accessible to your readers. Be mindful of using overly technical terms or legal jargon without explanation.
• Plagiarism: Always provide proper citation and referencing for all sources used. Take the necessary steps to ensure your work is original and does not plagiarize from other sources.
• Inadequate proofreading: Thoroughly proofread and edit your essay to correct grammatical errors, spelling mistakes, and clumsy phrasing. Additionally, make sure your citations and references are accurate and formatted correctly.

By avoiding these common mistakes and adhering to the aforementioned guidelines andwriting techniques, you will significantly improve the quality of your law essay and increase your chances of achieving a high grade. Remember that practice makes perfect, and continually refining your skills in legal writing and analysis will contribute to your overall success in your academic and professional pursuits. So, stay committed, diligent, and focused on producing well-reasoned and coherent essays that demonstrate your understanding and mastery of legal principles and concepts. 

Happy writing!

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How to Write a First-Class Law Essay

Studying law at university entails lots of essay writing. This article takes you through the key steps to writing a top law essay.

Writing a law essay can be a challenging task. As a law student, you’ll be expected to analyse complex legal issues and apply legal principles to real-world scenarios. At the same time, you’ll need to be able to communicate your ideas clearly and persuasively. In this article, we’ll cover some top tips to guide you through the process of planning, researching, structuring and writing a first-class law essay with confidence. 

1. Start In Advance

Give yourself plenty of time to plan, research and write your law essay. Always aim to start your law essay as soon as you have the question. Leaving it until the last minute does not only create unnecessary stress, but it also leaves you insufficient time to write, reference and perfect your work.

2. Understand The Question

Do not begin until you fully comprehend the question. Take the time to read the question carefully and make sure that you understand what it’s asking you to do. Highlight key terms and annotate the question with definitions of key concepts and any questions that you have have. Think about how the question links back to what you’ve learned during your lectures or through your readings.

3. Conduct Thorough Research

Conducting thorough research around your topic is one of the most fundamental parts of the essay writing process. You should aim to use a range of relevant sources, such as cases, academic articles, books and any other legal materials. Ensure that the information you collect is taken from relevant, reliable and up to date sources. Use primary over secondary material as much as possible.

Avoid using outdated laws and obscure blog posts as sources of information. Always aim to choose authoritative sources from experts within the field, such as academics, politicians, lawyers and judges. Using high-quality and authoritative sources and demonstrating profound and critical insight into your topic are what will earn you top marks.

4. Write A Detailed Plan

Once you’ve done your research, it’s time to plan your essay. When writing your plan, you’ll need to create an outline that clearly identifies the main points that you wish to make throughout your article. Try to write down what you wish to achieve in each paragraph, what concepts you want to discuss and arguments you want to make.

Your outline should be organised in a clear, coherent and logical manner to ensure that the person grading your essay can follow your line of thought and arguments easily.  You may also wish to include headings and subheadings to structure your essay effectively This makes it easier when it comes to writing the essay as starting without a plan can get messy. The essay must answer the question and nothing but the question so ensure all of your points relate to it.

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5. Write A Compelling Introduction

A great introduction should, firstly, outline the research topic.  The introduction is one of the most crucial parts of the law essay as it sets the tone for the rest of the paper. It should capture the readers attention and provide the background context on the topic. Most importantly, it should state the thesis of your essay.

When writing your introduction, avoid simply repeating the given question. Secondly, create a road map for the reader, letting them know how the essay will approach the question. Your introduction must be concise. The main body of the essay is where you will go into detail.

6. Include A Strong Thesis Statement

Your thesis should clearly set out the argument you are going to be making throughout your essay and should normally go in the introduction. Your thesis should adopt a clear stance rather than being overly general or wishy-washy. To obtain the best grades, you’ll need to show a unique perspective based upon a critical analysis of the topic rather than adopting the most obvious point of view.

Once you’ve conducted your research and had a chance to reflect on your topic, ask yourself whether you can prove your argument within the given word count or whether you would need to adopt a more modest position for your paper. Always have a clear idea of what your thesis statement is before you begin writing the content of your essay. 

7. Present the Counter-argument

To demonstrate your deeper understanding of the topic, it’s important to show your ability to consider the counter-arguments and address them in a careful and reasoned manner. When presenting your counterarguments, aim to depict them in the best possible light, aiming to be fair and reasonable before moving on to your rebuttal. To ensure that your essay is convincing, you will need to have a strong rebuttal that explains why your argument is stronger and more persuasive. This will demonstrate your capacity for critical analysis, showing the reader that you have carefully considered differing perspectives before coming to a well-supported conclusion.

8. End With A Strong Conclusion

Your conclusion is your opportunity to summarise the key points made throughout your essay and to restate the thesis statement in a clear and concise manner.  Avoid simply repeating what has already been mentioned in the body of the essay. For top grades, you should use the conclusion as an opportunity to provide critical reflection and analysis on the topic. You may also wish to share any further insights or recommendations into alternative avenues to consider or implications for further research that could add value to the topic. 

9. Review The Content Of Your Essay

Make sure you factor in time to edit the content of your essay.  Once you’ve finished your first draft, come back to it the next day. Re-read your essay with a critical perspective. Do your arguments make sense? Do your paragraphs flow in a logical manner? You may also consider asking someone to read your paper and give you critical feedback. They may be able to add another perspective you haven’t considered or suggest another research paper that could add value to your essay. 

10. Proofread For Grammatical Mistakes

Once you’re happy with the content of your essay, the last step is to thoroughly proofread your essay for any grammatical errors. Ensure that you take time to ensure that there are no grammar, spelling or punctuation errors as these can be one of the easiest ways to lose marks. You can ask anyone to proofread your paper, as they would not necessarily need to have a legal background – just strong grammar and spelling skills! 

11. Check Submission Guidelines

Before submitting, ensure that your paper conforms with the style, referencing and presentation guidelines set out by your university. This includes the correct font, font size and line spacing as well as elements such as page numbers, table of content etc. Referencing is also incredibly important as you’ll need to make sure that you are following the correct referencing system chosen by your university. Check your university’s guidelines about what the word count is and whether you need to include your student identification number in your essay as well. Be thorough and don’t lose marks for minor reasons!

12. Use Legal Terms Accurately

Always make sure that you are using legal terms accurately throughout your essay. Check an authoritative resource if you are unsure of any definitions. While being sophisticated is great, legal jargon if not used correctly or appropriately can weaken your essay. Aim to be concise and to stick to the point. Don’t use ten words when only two will do.

12. Create a Vocabulary Bank

One recurring piece of advice from seasoned law students is to take note of phrases from books and articles, key definitions or concepts and even quotes from your professors. When it comes to writing your law essay, you will have a whole range of ideas and vocabulary that will help you to develop your understanding and thoughts on a given topic. This will make writing your law essay even easier!

13. Finally, Take Care of Yourself

Last but certainly not least, looking after your health can improve your attitude towards writing your law essay your coursework in general. Sleep, eat, drink and exercise appropriately. Take regular breaks and try not to stress. Do not forget to enjoy writing the essay!

Words by Karen Fulton

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What Is Criminal Law and How to Write Criminal Law Essay

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A criminal law essay is a research paper or report based on a comprehensive review of criminal law regulations. Criminal law is a challenging field to specialize in with so many aspects: the state, court hearings, criminal records, rights of criminals, facts and figures. And on top of everything, writing criminal law essays with perfection is like fighting a case before becoming a lawyer. Students must go through a complete cycle of the process to finish their law degree.

A criminal law essay examines specific cases in which a legislative controversy arises. Criminal law, in particular, is an operational branch of state law that aids in the preservation of society’s safety and confidence. A significant amount of crime and violence threatens the balance and comfort of people’s lives in today’s world. Criminal lawyers are the people who take up such cases to regulate the sphere.

The variety of punishments demonstrates the negative consequences of illegal behaviors and how necessary it is for maintaining discipline and safety. Therefore, it is crucial to consider criminal law as a fundamental foundation for modernization and the provision of security and stability to the country’s citizens.

Law students are frequently asked to write essays, either on topics that have been assigned to them or on issues that they have chosen or in response to specific questions. Mainly in a law degree, the exam includes an essay section, meaning a student has to prepare for both the exam and the essay. In addition, they have to learn about the types of crime, criminal behavior, punishment and sentence period. Therefore, criminal law essay assignments are proposed to ensure students are familiar with their states and country’s laws and know how to apply them in a criminal case.

Even though law students are highly qualified and trained to take on any challenge, they sometimes need help with their studies. Unfortunately, students are left alone to fight the academic pressure which leads to a lot of stress. If you are in the same boat, you can reach out to us for law essay help and avail of professional service.

However, if the student wants to build a law essay from scratch, there will be different requirements depending on the university, and the type of essay students are writing. The first thing to constitute a first-class law essay is to gather all the information. Students must understand the differences between criminal law, criminology, legislation and the different types of criminal law. So, let’s learn about the types and what it takes to structure a criminal law essay.

Types of Criminal Law

Criminal law covers all sorts of crimes, but the crimes are mainly divided into two following types:

• Misdemeanor

Criminal Law – Felony

Severe criminal cases are recorded under this type of criminal law. The punishment for severely offensive cases, types of crimes and criminals is imprisonment for a lifetime or execution. Felony crimes include murder, arson, manslaughter, burglary, tax evasion, aggravated assault, kidnapping, fraud, blackmail, obstruction of justice, forgery, treason, etc.

Criminal Law – Misdemeanor

Misdemeanor type of criminal law looks after less serious crimes, and the punishment for misdemeanor crimes is lesser than a felony. The sentence or punishment such criminals have to face comes in terms of a fine or 6 months to a year in prison. Misdemeanor crimes include reckless driving, public intoxication, property destruction, petty theft, disorderly conduct, trespassing, etc.

Moreover, criminal law is divided into five other categories to recognize the crimes effectively.

Private or Individual Crimes such crimes are recorded when an individual harms another person on a personal level.

Immature Crimes  are such criminal acts in which the nearest suspect only helped the criminal in the crime or offensive acts that were never accomplished.

Property Crimes  are criminal cases involving interfering with another’s property.

Constitutional Crimes are the acts banned by the states, for example, drugs, alcohol, playing poker, or other societal issues.

Finance Crimes are also known as “white-collar” crimes. It mostly includes transferring illegal money to foreign bank accounts, frauds, embezzlement, tax evasion, blackmail, etc.

We’ve talked about the types and categories of crimes and criminal law. So, let’s jump into the depth of the law of crime and learn how we can structure a criminal law essay.

The Criminal Law Essay Structure

The structure of a simple criminal law essay is similar to another type of essay. However, the essay aims to influence individuals on a particular plan, and the paper helps the legislation regulate social behavior or limit whatever is threatening society. We are sure your professor must’ve taught you how to write a good persuasive essay . To help law students, we’ve penned down some guidelines to help you write a great criminal law essay. Also, you can hire a professional to help you with your criminal law essay. After all, your grades matter the most, don’t they?

·         Start Early on the Essay

It is crucial to start as early as possible because writing a criminal law essay is not an essay game. Waiting until the submission date only adds unnecessary stress and drama to your academic life. The more you’ll delay your essay, the less time you’ll have to write your essay. This will reflect in the completed work and will cost you your grades. So, start early and make sure you have time to add references to your essay and perfect your work with proofreading and editing.

·         Read, Analyze and then Deconstruct the Question

Do not start with your criminal law essay until you completely understand the question being asked. Instead, take some time to break the question down into sections and seek advice from your professors and professionals for law essay help. Again, it will be very helpful for you to have an expert by your side to guide you through the writing process.

·         Research and Investigate

Case or subject investigation is the most important and difficult part of writing a criminal law essay. The data you are taking to support your paper must come from a known and relevant source. The references should be up-to-date and reliable if you want to produce a first-class essay. The more authoritative a source is, the higher your score will be. When possible, choose primary over secondary materials.

·         Write an Effective Essay Introduction

An introduction is something that impresses the audience and makes them read your entire paper. If you have a loose introduction and the paper’s outline is not well-written, your readers will lose their interest. So, provide the readers with a statement, an answer to the problem, and a map that explains your essay’s motives. Your introduction should be detailed, not lengthy, meaning it should simply define the object of your paper but in simple language.

·         Counter-Argument to Your Statement

This will demonstrate that you have a broad understanding of the subject. The counter-arguments list the claims of other authors and explains why your paper is better and how your paper solves a social issue.

·         Conclude Your Criminal Law Essay

Mention all of the main points you’ve made in a few sentences. In your conclusion, reaffirm your answer to the law essay question to ensure that your statement is processed clearly.

We hope you have a fair understanding of criminal law essays and how it is constructed. But we still have some more information for you. So, let us talk about some topics and what it takes to come up with good criminal law essays if your professors don’t assign you a topic.

How to Come Up With Interesting Criminal Law Essay Topic Ideas

Choosing the right topic is the first step toward writing a criminal law essay because it determines the scope of the research. Usually, the professor or instructor provides students with the topic or argument statement as these essays are much more detailed than regular papers. However, if the professor allows you to choose your topic or argument statement, make sure you don’t just pick any topic.

You will have an opportunity to describe your point of view on something you strongly believe in, and your essay is one way to do so. The most effective criminal law essay writing tip for selecting a topic is considering its current relevance and your interest. First and foremost, you should review the entire course and highlight the most interesting criminal law areas and criminal cases studied during the period.

Going through the course and other research will assist you in narrowing your field of interest and selecting a topic. Your essay topic allows you to enrich or practice skills in specific areas. Also, it helps you consider the issue’s importance on a social level and its current status. Furthermore, the topic should either analyze current events, view case studies or look into the implementation of existing national legislation.

Moreover, if you’re having trouble deciding on a topic for your criminal law essay, you can pick one from the list below

• Human Rights Violations
• The Origins of Capital Punishment
• Distributive Justice and Criminal Justice
• Has Identity Theft Reached Its Peak?
• Witness Protection Program
• What Motivates People to Commit Crimes
• Aggravating and Mitigating Factors in Criminal Sentencing
• Types of Bail; Bail and Bonds
• Amendments for Crime Victims
• Receiving Protection for Testimony in a Criminal Case

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Whodunit? Solving the Mystery of Writing a First-Rate Criminal Law Essay Exam

I was leaving the post office one day and I saw a license plate that was an acronym for Nancy Drew. I stopped to admire the plate because it immediately took me back to when I was young and would voraciously read Nancy Drew mystery novels. It reminded me that reading the books taught me how to solve mysteries. As a civil litigation attorney, I regularly apply that skill in my practice because, as I go from one case to the next, I solve one mystery at a time.  

Normally, the mystery is the extent of the wrongdoing by the opposing party. However, sometimes it is discovering the relevant facts that my client conveniently failed to share with me. Tapping into your inner sleuth will assist you with learning to write first-rate Criminal Law exam answers as well as answers in any other type of law school exam you may encounter.

Prepare to Solve Your Mystery

Preparation is essential to solving the mystery of writing a Criminal Law exam. As a law student, your preparation commences with reading and briefing all the assigned cases. This teaches you the law and how to reason. Further, it assists with preparing your study outline for the class. It also teaches you the discipline of IRAC, which is fundamental to law exam writing. 

Fleming’s is in a powerful position to assist with your law school exam preparation - as demonstrated by one of our law students receiving the only known perfect score on a Criminal Law Bar exam. The student who wrote the answer implemented what Fleming’s teaches when answering a Criminal Law exam, and the Bar Examiners rewarded him with a perfect 100 score for his presentation.  

So that you can see Fleming’s law exam methods and techniques at work for yourself, I recommend reading our recent article about this student’s impressive accomplishment: 

Bar Examiners Give Fleming’s Law Student a Perfect Score on His Essay Exam Answer  

The question, along with the student’s perfectly scored answer, is appended at the end of the article. You, too, can achieve this result with Fleming’s at your side.

Every Sleuth Needs a Partner

As Nancy Drew had her Bess Marvin, every sleuth needs a partner. For law students, legal study supplements are your Bess Marvin sidekick. Fleming’s has a wide array of supplements that can assist law students with course substantive law outlines as well as fail-safe methods and techniques for law exam writing .  

I highly recommend Fleming’s Sail Through Law School with The Exam Solution® for Criminal Law because it provides a four-hour substantive law lecture, a substantive law outline, and three essay exams with sample California Bar exam answers. This is all you need to tie together everything about the subject that you are learning in the classroom. Reviewing Bar exam answers is invaluable because they assist with how to format, weigh issues, and write persuasive analysis. One of my former students conveyed that the resources from this series really helped her prepare for her recent midterms.  

Identify the Suspects

Now that you are ready to commence your law exam writing, you must start with identifying your suspects. Therefore, the first thing you do is read the call of the question. Read it at least twice because it is imperative to understand the scope of your investigation. You must headnote and write on each call of the question separately because failure to do so will result in a failing grade. 

Examine the Crime Scene

The next step of your investigation is to examine the crime scene, which is the fact pattern for the exam. Read it twice – concentrate solely on the facts. Read it again to prepare your issue outline as outlining is imperative to your success on the exam. It tells you how many issues you have to write on, which ones are major and minor, and how to allocate your writing time so you do not run short in finishing before time is called.

Map Out the Scope of Your Investigation

When writing law school or California Bar exam answers, you must write on the issues in the order that they are spotted in the fact pattern. You strategize this when outlining the exam, which is why outlining is so crucial to your success. 

When drafting your outline make four columns, one for each part of IRAC, to ensure that you write your answer in an orderly manner - including all the required crimes and defenses. 

The first column is for the issue, the next for the rule, then the facts for your analysis/application, and the last column for the conclusion. You should abbreviate whenever possible to keep your outline time between 15 – 20 minutes.  

The example below for outlining the issue of robbery is taken from Fleming’s Writing Workbook p. 43. 

Now that you have examined the crime scene and created your outline, you are ready to write your essay answer. Think about what you want to say before beginning to write. This will help you formulate your thoughts and prevent you from rambling once you get started.

Write Your Investigation Report

A successful answer applies the relevant facts to each element of the rule to persuade the reader as to why the crime or defense succeeds or fails. What you are trying to do is answer the “why” or “why not” regarding each element of the rule, using the facts from the exam. 

As an initial matter, you must weigh the issues to ensure you have enough time for major issues such as homicide. A classic Criminal Law California Bar exam will contain a number of crimes and a homicide at the end. Generally, when there is a homicide, you will need 15 – 20 minutes to write on it because you must write on each required issue/subpart. If you run out of time to write a full homicide analysis, you will likely fail the exam because it is a heavily weighted issue. 

A superior answer will analyze the arguments of each party. You want to argue on behalf of the State first because it is prosecuting the case. Then you write the counterarguments for the defendant. 

Writing both sides will set you apart and increase your score because the majority of students only write on behalf of the prosecution. Developing this skill is essential as an attorney because you must always anticipate the arguments of the opposing party. 

There are certain issues that require writing on the common law rule as well as the modern rule or Model Penal Code. Burglary is a classic example. You must analyze common law burglary as well as the modern law distinctions because the burden of proof is lower. When writing on the insanity issue, you must always write on all four insanity excuses.  

You must write a one-sentence conclusion regarding each issue on the exam as well as an overall conclusion if required by the call of the question.

Justice Is Served

Writing a first-rate Criminal Law exam takes hard work and discipline. This can be achieved by stepping into the exam to spot and solve each mystery of whether or not the crime or defense succeeds or fails. 

Justice will be served when you write a first-class answer and receive your desired passing score. This will put you one step closer to going from law student to lawyer. 

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Criminal Law

Notes, cases, and materials on criminal law, topic notes.

Past Papers

Back to Subjects | Back to Law

What is crime?

Functions of criminal law

Principles of criminal law

Criminal Conduct

Culpability

Elements of a crime

Voluntary act requirement

Introduction

Recklessness

Negligence & gross negligence

Intoxication

Knowledge and belief

Transferred mens rea

Coincidence of actus reus and mens rea

Which offences are strict liability?

Possession Offences

Introduction to manslaughter

Loss of Control

Diminished Responsibility

Suicide pacts, mercy killings, and euthanasia

Constructive manslaughter

Gross negligence manslaughter

Subjective reckless manslaughter

Assault and Battery

Assault occassioning ABH

Malicious Wounding

Wounding With Intent

Mixing and Matching

Transmitting Disease

Handling stolen goods

Section 6: fraud and possession offences

Obtaining Services Dishonestly

Making off without payment

Aggravated burglary

Trespass with intent to commit a sexual offence

Basic Criminal Damage

Aggravated Criminal Damage

Computer Crime: Computer Misuse Act 1990

Self Defence

Duress, coercion, and entrapment

General Cases

Strict Liability

Manslaughter: Loss of control

Manslaughter: Diminished Responsibility

Manslaughter: Constructive Manslaughter

Manslaughter: Gross Negligence Manslaughter

Self defence

Past Papers & Questions

1. The law on attempted crime reflects conflicting justificatory rationales and has been clouded by unclear legislation and inconsistent case law. Discuss

2. The law relating to consent in sexual offences is unfair. Critically discuss.

3. The law relating to aiding and abetting a crime is confused. Critically discuss.

4. There are clear difficulties with the law of theft. Critically discuss.

5. To what extent has the law on intoxication as a general defence been developed to reflect policy concerns? Give reasons to support your answer.

Alex was refused a promotion at work by his boss Betty. Alex stormed into her office. In the office was a woman, sat at the desk with her back to the door. Alex shot her in the arm, thinking it was Betty. In fact it was Carol, who was in the process of stealing money from the desk drawer. A colleague next door heard the gunshot, and telephoned for an ambulance. When the ambulance arrived, Carol refused to get inside. Instead she decided to walk home, even though she was bleeding. While crossing the road on the walk home, Carol was run over by a fire engine and killed. Betty had been bullying Alex at work for years. Since his promotion was refused a week ago, Alex had been unable to sleep.

Advise Alex.

David worked at a local museum as a cleaner. One evening he used his key to enter the museum after it had been locked up for the night. In one room there was a glass cabinet with a gold statue inside it. David smashed the glass cabinet, and put the gold statue in his bag. His plan was to pawn the gold statue. He needed the money to pay for an urgent operation on his niece. He intended to work overtime at the museum until he had earned enough money to redeem the gold statue from the pawn shop and return it to the museum. Out in the street, Emily was waiting in the get-away car. As David was coming out of the museum, he was grabbed by a passing policeman. In a panic, David hit the policeman over the head with the gold statue. At the pawn shop, David discovered that the gold statue was a worthless fake.

Advise David and Emily.

Fae was at the airport. She had an economy ticket to fly to Egypt. She had been drinking heavily. At the check-in desk, she told the clerk that she was a princess from Dubai, and wanted a first class seat on the plane. She was not a princess. She was a part-time hairdresser from Oxford. Gareth was next in line at the check-in desk. He had been chatting with Fae at the bar. Before that, they had never met. Gareth told the clerk at the check-in desk that he was Fae’s bodyguard, and also needed a first class seat on the plane. Neither of them got up-graded. When the plane was in the air, it was hijacked by terrorists. One of the terrorists was Gareth. He threatened to start shooting passengers unless Fae helped tie up the pilot. Fae was so afraid that she tied up the pilot too tightly, who suffered deep cuts to his arms.

Advise Fae.

Ena, an elderly woman, lives in her house with her lodger, Joan, aged 47. Joan suffers from severe learning difficulties. Joan is able to manage basic tasks, but Ena has helped her with more complicated ones, such as shopping, for many years. Joan becomes unwell and takes to her bed, but Ena increasingly finds it difficult to get up the stairs because of her arthritis. She gives up the attempt to take food upstairs for Joan and tries to ring their doctor for help, but becomes confused by the surgery’s automated answering service, which requires her to press a number of buttons on her telephone. She never speaks to her doctor and over time Joan becomes severely undernourished.

Joan's sister, Fran, who suffers from a bipolar mental illness, arrives for a visit while Ena is out and discovers Joan in a dreadfully neglected state. She calls for medical help. Ahmed, a paramedic, arrives in his emergency response vehicle and checks on Joan. He goes to the kitchen to tell Fran that Joan is not seriously ill and should go to hospital on the bus. Fran disputes this, and Ahmed retorts: `Well, you’re no one to judge, you’re half way round the bend yourself!’

Fran flies into a rage, grabs a vegetable knife and fatally stabs Ahmed. She runs away from the house. Before Ena comes back, Joan dies of dehydration and malnutrition.

Discuss the criminal liability, if any, of Ena and Fran.

Dan and Sue live next door to Jim. Jim’s house is badly neglected and shabby-looking, so they are afraid that this will reduce the value of their own. Sue hates Jim because he has criticised her for singing in her garden.

Another of their neighbours, Lucy, works for the council as a pest controller. Dan and Sue go to her house to ask her for some of the poison that she uses to kill rats. They tell her that they are going to teach Jim a lesson and that she should help because the value of her house will also be affected. They become quite aggressive and Lucy gets nervous, so she gives them a packet of rat poison.

Dan and Sue go outside and see that Jim is lying asleep in a deckchair in his front garden. Sue volunteers to add the poison to his coffee, and Dan warns her just to put in enough to make Jim sick. Sue deliberately pours a fatal dose into the coffee. Just as she is doing this, Dan changes his mind and tries to tell her to stop, but he whispers so as not to wake Jim and Sue does not hear him.

Jim awakes, drinks the coffee and dies.

Discuss the criminal liability, if any, of Dan, Sue and Lucy.

Malik and Noreen, students at St Custard’s University, argued with a fellow student, Ozzie, about loud music emanating from his room at night. While waiting to go into a lecture theatre the next day, Malik complained to his friend, Petra, about Ozzie’s behaviour and said that if Petra were to drown Ozzie in the campus lake, it would be a good thing. Petra told Malik that if Ozzie bothered her as well she would certainly make sure he never did it again. After the lecture Noreen talked to her friend, Quentin, whom she knew sometimes enjoyed getting into fights. Noreen said to him, ‘If you think you’re tough, put Ozzie in hospital so he stops ruining my sleep!’

Late that evening, Petra went to Malik’s room. They agreed that if Ozzie started playing his music loudly Petra would go and threaten him with a knife that Malik had found in the kitchen, using it to stab Ozzie ‘if necessary.’ Unbeknown to either of them, the knife was blunt and the blade was of very poor quality. After waiting for several hours without the music starting, Malik became angry and said to Petra, ‘If you don’t go and deal with Ozzie right now, I’ll report you for cheating in your assessed essays and I’ll push you under a bus tomorrow!’ Petra then left Malik’s room and knocked on Ozzie’s door. When Ozzie opened the door, Petra lunged at him with the knife but slipped over and fell to the floor, missing Ozzie.

The next day, Quentin went looking for Ozzie. Quentin’s plan was to provoke an argument so as to have a pretext for hitting Ozzie. At lunchtime, Quentin spotted Ozzie on the other side of the cafeteria and started walking towards him to carry out his plan, but halfway across the room a lecturer stopped Quentin to congratulate him for his excellent essay on the psychology of memory. Quentin then forgot all about Ozzie and went home.

Discuss the criminal liability, if any, of Malik, Noreen, Petra and Quentin.

Rich went to visit the grounds of Windsor Castle. He climbed over the back fence in order to avoid paying the entrance fee by the front door. He did not know that there was no charge for visiting the grounds anyway on that particular day. His plan was to pick-pocket wallets from the visiting tourists.

Once inside, he noticed a small gold clock on a table. He put that in his bag, and started walking towards the exit. In order to distract the guards, he activated the fire alarm. As he had guessed, this also set off the sprinklers, which made water stains on the rugs on the floor. Bill, one of the guards chased him, but just as he got close, Rich grabbed an ornamental sword from the display and lunged at Bill, causing him severe cuts on the arm and face.

Once outside the castle, Rich walked to the nearest jewellers. He sold them the clock for £1,000, saying that it was left to him by his grandmother in her will. Rich was later arrested by the police who identified him from the security video at the castle. They also recovered the clock from the jewellers. Rich told the police that he needed the money to pay for a life-saving medical operation for his five-year-old daughter.

Discuss Rich’s criminal liability, if any.

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TikTok Taps Covington, Mayer Brown in Fight for US Survival (2)

By Justin Wise

TikTok is turning to Covington & Burling and Mayer Brown to fight a law requiring its Chinese parent to sell its stake in the company in order for the social media app to continue operating in the US.

Covington, a Washington-based firm with lawyers including Obama-era attorney general Eric Holder, has served as TikTok’s legal muscle in actions involving federal and state governments since 2020, when the Trump administration attempted to ban the app nationwide because of national security concerns.

Chicago-founded Mayer Brown has been looking to position itself as a leading advocate for banks and other finance players fighting new regulations in Washington. It also has a big tech practice serving clients such as Meta Platforms Inc. and TikTok on issues such as consumer privacy.

The two international law firms’ roles in the lawsuit puts them at the center of TikTok’s long-running fight to continue operating in the US. President Joe Biden signed a bill into law April 24 that began a 270-day countdown for the required sale or a US prohibition of the popular video-sharing platform.

TikTok and its Chinese parent ByteDance Ltd. filed the Tuesday lawsuit in the US Court of Appeals in the District of Columbia. The company argues the legislation is an unconstitutional ban that targets a “vibrant online forum” used by 170 million Americans.

The newest case is likely to pit legal issues involving the First Amendment against national security interests, said Nazak Nikakhtar, a Wiley Rein partner who once served as a Department of Commerce assistant secretary.

Freedom of speech questions may not matter, however, if the government effectively persuades the court on the national security threat the US says the app poses, Nikakhtar said. “It’s really not about the merits of the case,” she said. “It’s really about how these things are argued.”

The two law firms did not immediately return requests for comment.

Covington partners including global litigation chair John Hall, Alex Berengaut and Megan Crowley, a former Justice Department trial lawyer, have led the firm’s work on behalf of TikTok and all signed the lawsuit filed Tuesday.

In 2021, Berengaut, Hall and Crowley led a Covington team that helped get the Chinese smartphone maker Xiaomi off a US government blacklist that barred American investment in the company. Berengaut and Crowley have represented Microsoft Corp. in other matters touching on issues such as government surveillance.

Covington attorneys David Zionts and Anders Linderot also are working on the new TikTok lawsuit, along with Mayer Brown partners Andrew Pincus and Avi Kupfer.

TikTok Fights

Covington and Mayer Brown’s Washington practices feature a stable of former government attorneys who are often called on to defend blue-chip clients in high-stakes cases.

Pincus, who once worked in the US solicitor general’s office, worked on the lawsuit after arguing on TikTok’s behalf in a case seeking to hold it responsible for the death of a 10-year-old girl who participated in an online challenge in which people choked themselves until they blacked out.

TikTok has argued that it is shielded by Section 230 of the Communications Decency Act, which protects social media sites from being held liable for much of the content published on their platforms. Pincus in January pushed the Third Circuit to affirm a district court ruling in favor of TikTok on those grounds.

Covington also last year helped TikTok block a Montana law that would have banned the app in the state and won a dismissal of an Indiana suit claiming the app deceived users about data security and the content it feeds children.

The firm’s arguments in the Montana case on behalf of TikTok may offer a clue as to how the legal team will fight the law Biden signed.

Montana’s attempted ban is unconstitutional because it shuts down an entire medium for expression while failing to serve a actual government interest, Covington’s lawyers argued. The state ban also relied on several “unsubstantiated findings” about the Chinese government’s control of TikTok’s parent and its ability to access user data, the firm said.

A federal judge entered a preliminary injunction in the case, finding Montana’s legislature appeared more interested in China’s role in TikTok than protecting Montana’s consumers. That matter remains pending.

The case is Tik Tok v. Garland , D.C. Cir., 24-1113, 5/7/24

To contact the reporter on this story: Justin Wise at [email protected]

To contact the editors responsible for this story: Chris Opfer at [email protected] ; John Hughes at [email protected] ; Alessandra Rafferty at [email protected]

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