Criminal Justice Dissertation Topics
The result would be that the defendant must show that s/he has; 1) a medical condition; 2) this medical condition impaired their ability; and 3) provides and explanation for the act that resulted in death of another.
Bratty v AG for Northern Ireland  AC 386 (HL) held that for a crime that requires mens rea it is necessary for the requisite intention to be identified.The issue of intention is at the heart of criminal liability, because knowledge of a crime and intention can vary.In the case of the mentally ill the knowledge of undertaking the act may not equate to intention.Thus, this examination will undertake a comparative review of the bad character provisions of ss. 98 to 113 of the Criminal Justice Act 2003 (CJA 2003) to determine if these provisions can amount to a breach of due process. This is a controversial approach, because the traditional model is that a person should only be criminally liable for a positive act.Thus, this topic will explore the English and other common law jurisdictions to determine the viability of applications.This topic will explore the provisions surrounding issues such as the “right to silence” and the rights of the spouse in regards to giving evidence. This examination will be a comparative review of US and English law, which are distinctly different; whereby the rationale of the US system is based on protecting Constitutional Rights. This topic will explore the exceptions to when an individual will be liable for crimes of others.The main areas that this discussion will explore are: vicarious liability; and 2) the role of accessories and conspirators under criminal law.