Criminal Law, Thesis - Dissertation

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TITLE: A CRITICAL ANALYSIS OF THE ABILITY OF CRIMINAL LAW TO DEAL WITH NEW MANIFESTATION OF CRIMINALITY: THE CASE OF AND PREVALENCE OF KNIFE ATTACK AND GANG ACTIVITY AMONG BRITISH UNDERCLASS SINCE THE 1980S.


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The Research Statement should be approximately 600 words and include a description of the central research question you envision addressing in your research.
The topic has been made up by me therefore if you see the need to tweak it its okay by me.
I have attached the work I have already completed feel free to make any amendments you wish. As long as it is done to an upper first class standard.
I am aiming to achieve an upper first class on completion of this dissertation. Therefore I would like you to assign this to your best writer preferably someone with advance knowledge in criminal law. As I will be contacting you for further assistance if this proposal is completed at an exceptional standard and within my expectation.

THE AREA OF LAW IS CRIMINAL LAW

TOPIC: CRIMINAL LAW TITLE: A CRITICAL ANALYSIS OF THE ABILITY OF CRIMINAL LAW TO DEAL WITH NEW MANIFESTATION OF CRIMINALITY: THE CASE OF AND PREVALENCE OF KNIFE ATTACK AND GANG ACTIVITY AMONG BRITISH UNDERCLASS SINCE THE 1980S. Introduction: The criminal law refers to a system of law within England and Wales jurisdiction which deals with crimes and their consequences and complements the civil law. Actus reus and mens rea are the fundamentals of a crime. Traditional view states that moral culpability requires that one should have recognised or intended that one is acting wrongly. Statute establishes a large percentage of criminal law, therefore legislated and enacted by laws. Criminal law is an offspring of per one’s vendetta. It was the responsibility of the victim or the victim’s family to seek redress, which leads to retributive justice. The code of Hammurabi, circa 2100 BC., as such dark age society began punishing individuals who committed an offence against the public. This practice became the keystone of Modern criminal law. Twice during 18th-century attempts were made to codify English criminal law unsuccessfully. Attempts drew criticism from aristocratic ruling class and therefore left on the books for writers such as Roscoe, Greaves, Stone and others. England had excessively severe criminal laws. The Magna Carta of 1215, Petition of rights of 1628 and the bill of rights of 1689 had all much accelerated the consolation of a political structure. The principle which they law down bore on criminal on criminal procedures1. Criminality has caused fear of endemic proportion in the modern society. The criminal justice systems have failed to tackle sensitive issues as evident in major cities across Britain where there is an exponential increase in Knife and gang-related crime. The term ‘underclass’ refers to those whose behaviour and attitude represent a threat to the broader society. Moreover, is related to the trends of illegitimacy, unemployment and crime. A social group that encounters multiple factors of social exclusion increasing their chances of turning to violent crimes and gangs. This paper will argue the case for criminal law reform in light of the recent increase in knife and gang-related crime. High lighting areas of weakness and discrepancies in this area of law and contribute to theoretical debates in this area of criminal law. 1 Leon Radzinowicz and Roger G Hood, A History Of English Criminal Law And Its Administration From 1750 (1st edn, Clarendon). Research questions • What are the causes of the rise in knife crime and gangs? • What is the link between the recent manifestation of knife crime, gang and the British underclass of the 1980’s? • Does the criminal law have the ability deals with knife crime and gangs? Aims This research aims to assess the abilities and resources of criminal law to deal with manifestations of knife crime, gang violence within the British underclass. Literature review Research on this topic was conducted using official crime statistics derived from crimes reported to and recorded by the police; These data include, Knife crime, assault, moped robbery among others. The use of literature written by leading academics such as Leon Radzinowicz and Roger G Hood provides an overview of the history of British criminal law. Donohue, 1998 illustrates The history of crime in Britain and a significant increase in criminality over the last 30 years, Liz Campbell speaks of changes made to the rules of criminal law procedure and the admissibility of interception evidence2. Jay S. Albanese illustrates the three type of criminal subcultures3, Markus D. Dubber and Lindsay Farmer who shed light on the fact that politics has always interfered with criminal law 4.Simon Hallsworth gave an insight as to the reason why gangs were allowed to grow in the streets of British cities as far back as the 1960s 5 Gerry Johnstone and Tony Ward who explains the principle and history of Actus Reus and Mens Ria in criminal law6. Academic has indicated that there have been significant changes in youth policies over the past 20yrs however there haven’t been any changes in criminality amongst Britain's underclass7. Poor socio-economic status8. 2 Liz Campbell, Organised Crime And The Law: A Comparative Analysis (Hart Publishing Limited 2013). Jay S Albanese, Organized Crime In Our Times (6th edn, 2011). 4 : Markus Dirk Dubber and Lindsay Farmer, Modern Histories Of Crime And Punishment (Stanford University Press 2007). 5 Simon Hallsworth, The Gang And Beyond (Palgrave 2013). 6 Gerry Johnstone and Tony Ward, Law And Crime (Sage 2010). 7 Stams, Geert Jan, Daniel Brugman, Maja Deković, Lenny Van Rosmalen, Peter Van Der Laan, and John C. Gibbs. "The moral judgment of juvenile delinquents: A meta-analysis." Journal of abnormal child psychology 34, no. 5 (2006): 692-708. 3 8 Patacchini, Eleonora, and Yves Zenou. "Juvenile delinquency and conformism." The Journal of Law, Economics, & Organization 28, no. 1 (2009): 1-31. Methodology The study will analyse current criminal law legislation and procedures, with the use of qualitative analysis and legal research around this area. Also, utilise official data from Office for National Statistics, and other official crime statistical agencies, and publications, Police recorded crime and outcomes, briefing of the house of commons on knife crime also scholarly journals and books from leading academics. The aim is to produce a balanced argument, high lighting areas of weakness and discrepancies in this area of law. . Research limitations Section of the analysis will extract from the official statistics; the figure may not necessarily give an accurate reflection of the reality. Because the working class appearing in the statistic is disproportionate. Therefore statics on crime is often political, biased and limited. Thus failing to reveal the true extent of crimes committed. Conclusion Contribute to previous and ongoing research, around this area of criminal law. This research hopes to identify the factors influencing the rise in knife crime, Gang and the link to Britain ’s underclass since the 1980s. Thus making it easier to deal with criminality within the UK. This paper will argue the case for criminal law reform and contribute to theoretical debates on criminal law reform. High lighting areas of weakness and discrepancies in this area of law. Bibliography Journals Patacchini, Eleonora, and Yves Zenou. "Juvenile delinquency and conformism." The Journal of Law, Economics, & Organization 28, no. 1 (2009): 1-31. Ruchkin, Vladislav, Roman Koposov, Robert Vermeiren, and Mary Schwab-Stone. "Psychopathology and age at onset of conduct problems in juvenile delinquents." The Journal of clinical psychiatry (2003). Stams, Geert Jan, Daniel Brugman, Maja Deković, Lenny Van Rosmalen, Peter Van Der Laan, and John C. Gibbs. "The moral judgment of juvenile delinquents: A meta-analysis." Journal of abnormal child psychology 34, no. 5 (2006): 692-708. Books Grisso, Thomas, Gina Vincent, and Daniel Seagrave, eds. Mental health screening and assessment in juvenile justice. Guilford Press, 2005. Smith, Jonathan A., ed. Qualitative psychology: A practical guide to research methods. Sage, 2015. Radzinowicz LR Hood, A History Of English Criminal Law And Its Administration From 1750 (1st edn, Clarendon) Campbell L, Organised Crime And The Law: A Comparative Analysis (Hart Publishing Limited 2013) Albanese J, Organized Crime In Our Times (6th end, 2011) Dubber ML Farmer, Modern Histories Of Crime And Punishment (Stanford University Press 2007) Hallsworth S, The Gang And Beyond (Palgrave 2013) Johnstone GT Ward, Law And Crime (Sage 2010)

Tutor Answer

Prof.Martinez
School: University of Maryland

Attached.

Student’s Name

LLB

Research Statement

Research Statement
Introduction
The main research agenda of this paper is to assess the resources and abilities of criminal
law in dealing with gang violence and knife crime. Why is it that in Britain, youth gang violence
and knife crime are not a new happening? Interestingly, they have existed across cultures and
times. Specifically, these research aims to point out the specific reasons as to why there has not
been a constitutional clause that has been successful and comprehensive in reducing their
prevalence. A general research on the main research question reveals that despite there being
various constitutional frameworks to deal with knife crime and gang violence, these problems
have long existed throughout history. As a matter of fact, in the urban centers of the United
Kingdom, gang violence began as early as the 19th century. This is in spite of the fact that the
Britain had various constitutional provisions to deal with gang violence and knife crime.
Essentially, this research is curious to determine whether the law had the capability to deal with
gang violence and knife crime. Most importantly, this study will do a comparative study of the
changes that have been made as far as these crimes are concerned and assess whether they have
been effective in combating them.
Current Focus
The current focus of this research is to determine the law’s capabilities and resources in
tackling gang violence and knife crimes. This research seeks to answer a fundamental question
with regards to the objective of this study; does the law have the necessary frameworks to curb
gang violence and knife crime? If so, how effective is it? Interestingly, this research will also
address the fact that gang violence is often despised by the law enforcement agencies. As a

matter of fact, most law enforcement agents believe that gang violence is not a major problem in
Britain’s urban centers largely because of the fact that the people who engage in it are often
motivated by a stage of life1. The premise of this argument has been based on the fact that
whatever gang violence yields can be converted to constructive activities such as community
service. The latter is a very interesting solution to the crimes but still, the fundamental question
in this research paper holds; is it effective? Therefore, the bigger picture and the current focus of
this research are to assess the effectiveness of the resources and capabilities stipulated by the law
in curbing the gang violence and knife crimes.
Importance of the Research
Assessing the effectiveness of the law’s capabilities and resources to curb gang violence
and knife crime is crucial. This is because the research will enable the government, law
enforcement agencies and the legislators to weigh the provisions of the law; in terms of the
resources and capabilities to deal with the crimes2. Additionally, this research will determine the
specific ways that the law has been effective/ ineffective in tackling knife crimes and gang
violence. In essence, this research will be useful in a number of ways.
Conclusion
In conclusion, this research is curious to determine whether the law had the capability to
deal with gang violence and knife crime using a comparative and real time analysis. The current
focus of this research is to determine the law’s capabilities and resources in tackling gang
violence and knife crimes. This would be achieved by determining whether the law’s capabilities
1

Laura Cattermole, Padmanabhan Badrinath and Abdul Razaq, 'Tackling The Knife Violence
Epidemic Requires A Radical Upgrade In Public Health Investment' [2018] BMJ.
2
J. Shepherd and I. Brennan, 'Tackling Knife Violence' (2008) 337 BMJ.

and resources have been effective in dealing with gang violence and knife crime. Lastly,
studying on this research topic is critical because it will act a key performance index which will
enable the government, law enforcement agencies and the legislators to weigh the provisions of
the law; in terms of the resources and capabilities to deal with the crimes.

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Anonymous
Thanks, good work

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