Penal theories Essay

What legal ideas were in effect at the time Jon Venables and Robert Thompson, who were ten years old at the time they killed James Bulger, were given a life sentence?

James Bulger, a two-year-old child, was brutally murdered by Jon Venables and Robert Thompson, who were only ten years old at the time. Their behavior was unlawful and warranted a life sentence. Although Venables and Thompson were young boys at the time of the offense, two penal theories were used to decide the nature of their sentence. Firstly, the deterrence theory applied in a sense that seeks to prevent an offender from taking part in the similar crime in the future because he knows the possibility of the outcome that he is likely to receive for such a crime, (Open.ac.uk 2016). The deterrence theory not only cautions individuals but also serves as a lesson to the general public to avoid certain crimes. Therefore, by applying the deterrence theory, the court slapped the murder victims with a life imprisonment sentence, which is among the harshest criminal sanctions exercised in the Western democracies. In this case, the application of the deterrence theory in giving the ruling played a major role in ensuring that the victims receive a sentence that is harsh enough to prevent the possibility of committing similar crimes in the future.

Moreover, the ruling applied the incapacitation theory to arrive at the sentence. Ideally, crime attracts different sentences depending on its nature and intensity. In this case, the incapacitation theory worked out to determine the life sentence for Venables and Thompson in the sense that the nature of their crime was so severe that the two offenders had to be secluded from the society. This situation thereby prevents the possibility of either individual to engage in similar criminal activities in the future, (Open.ac.uk 2016). Also, the theory applied to term imprisonment and death sentences in the ancient Western democracies. However, in Venables and Thompson’s case, the incapacitation theory has enabled the life sentence ruling since the crime at hand is serious and the victims ought to be separated from the society for a period that may cover their entire lifetime.

Most important penal theories and existing criminal sanction

The most important penal theories in the case of children that deliberately kill would be the deterrence and rehabilitation theories. Ideally, children aged as low as ten years are too young to make sound judgments on their own. Besides, children are open to new ideas and knowledge as they grow. As well, their underage statuses do not warrant them the freedom from liability should they commit such crimes as murder. Therefore, as opposed to enforcing the very harsh sentences, it would be important that the law makers apply such penal theories as deterrence and rehabilitation. The deterrence theory would be relevant in this scenario because it would serve as a lesson to the victim with the aim of creating fear of the possible outcome should the child engage in a similar crime in the future, (Open.ac.uk 2016). Moreover, through deterrence, the victims acknowledge their mistakes and also appreciate that they might receive more severe punishment for a repeat of similar crimes, and therefore, this theory is likely to serve a better correction tool for children.

Also, the rehabilitation theory is a fairer approach to dealing with children that deliberately murder other children. In practice, it is possible to modify and positively influence the behavior of minors through education, counseling and skills development. Agreeably, a child’s mind is highly delicate and easily susceptible to negative influences from factors such as movies. Thus, by applying the rehabilitation theory, it is possible to motivate and encourage the children to live positive lives in the future, (Open.ac.uk 2016). In as much as the theories would play a significant corrective role to the child offenders, it would also be necessary to apply the criminal sanction of community rehabilitation to enhance the behavioral change and readmission of the children into the society. As opposed to life imprisonment and fine, community rehabilitation would provide a fairer way of rectifying the morals and behaviors of these minors since with this process there is a guardian who teaches the minors good morals and ethics in readiness for their assimilation into the society.

Question Two (739)

Identify the civil claim which is available to Steve, and explain which facts he must prove to be successful in his claim and to what standard he must prove them

If a tortious occurrence happens, the plaintiff, being the casualty of the incident, has every right to file suit for a civil claim. In this case, Steve has the right to claim for special and general damages. Ideally, Tania’s negligence resulted in the occurrence of the accident that hit Steve’s delivery van and inflicted serious injuries to Steve. For this reason, losses caused by tort are compensatory, and in many cases they attract damages. Appreciably, these costs play a major role in putting the claimant into the financial position he was in before the occurrence of the event that led to the loss. As such, the claimant must prove that he or she suffered losses as a result of the occurrence of the tort.

In this case, Steve must show specific facts for his claim to be successful and get damages. Firstly, he must demonstrate that the elements of the tort are present. For instance, he must convince the jury that the defendant owed him a duty of care by demonstrating that Tania was responsible for avoiding the accident and possibly preventing the occurrence of the destruction of property and bodily injury, (Open.ac.uk 2016). As well, the list of issues must be identified to determine what party will be responsible for which issue. Also, Steve must ascertain that Tania’s actions did not portray her intentions to take care of the plaintiff despite being the person charged with the duty to care for the claimant at that time. Besides, Steve must show that Tania’s act was the direct cause of his losses. Moreover, Steve must prove that his loss and property damage were not too remote, (Open.ac.uk 2016). In this case, he must convince the court that Tania’s action caused the immense destruction of his delivery van and severe personal injury to the extent that he may not be as productive as he was before the incident.

State whether you think his claim is likely to succeed. Explain the categories of damages he may be awarded and any other facts that may affect the amount of money he gets.

On account of Tania’s negligence and lack of care, it is highly likely that Steve’s claim will succeed. In this case, Steve will claim for special damages, and his claim will succeed because it is clear that the tort caused quantifiable losses to the claimant concerning destruction to his van, medical expenses and other forms of care given to him. As well, he will succeed in claiming for the general damages that cannot be quantified with ease since he suffered immeasurable pain and suffering, and as well, lost his earning capacity as a result of the occurrence of the incident. Steve’s damages for personal injury can be classified into two categories, namely; general and special damages.

The special damages are given to compensate for the quantifiable losses incurred by the claimant since the occurrence of the incident to the time of the trial. They represent the claimant’s cost due to the injury to the trial date. Some of the common examples of special damages that Steve is likely to receive include the damages to property, for instance the destruction of Steve’s delivery car, medical expenses, transport costs to and fro hospital and the loss of income. Other damages include healthcare expenses, and the quantified sum of the unpaid care provided by other person’s such as friends and relatives, (Open.ac.uk 2016).

Moreover, the general damages are given to compensate for the losses whose calculations are not straightforward. Under the general damages’ category, Steve is likely to receive damages such as, compensation for pain and suffering as a result of the incident. Other damages are awards for the loss of pension rights and the expenses of future unpaid help, and the loss of his earning capacity in the future, (Open.ac.uk 2016). Though the courts will classify damages into different categories to quantify the damage value, there are other factors that may affect the amount of money that Steve gets. For instance, the court may apply limits which cannot be changed on a method of assessment except where an initial provision for damages is given. In this case, the court’s award becomes final and may vary with the real value of the damages that should be awarded to the claimant. As well, the inability of Steve and Tania to predict the possible amount of damages that are expected to be given by the court can affect a number of damages that Steve will get since the court will give awards on a case-by-case basis.

Question Three (167)

During the W101, my studying activity has greatly improved as a result of employing a strong study strategy. In this case, my strategy involves reflecting on the content as I prepare short notes and summaries of the content to ease the workload and enhance easier and quicker understanding of the course requirements and learning outcomes. To enhance my future studies, I will attempt to improve my study strategy by breaking the long readings into smaller chunks and then concentrate on one subject area to increase my understanding capabilities.

On the other hand, reviewing the reading by focusing on the headings, titles, summaries, conclusions, and introductions has been one of my weakest study strategies during W101 because it looks into the overall view of a particular content as opposed to going into the details. To overcome the weaknesses of this study strategy, I will consider preparing summaries from the content as opposed to reading already prepared summaries for the content under study.

References

Open.ac.uk (2016). Unit 14: Concepts in criminal and civil liability. Milton Keynes: The Open University, pp.8-127.

Open.ac.uk (2016). Unit 15: Proof and fact. Milton Keynes: The Open University, pp.8-105.

Open.ac.uk (2016). Unit 17: An introduction to civil remedies. Milton Keynes: The Open University, pp.7-85.

Open.ac.uk (2016). Unit 18: An introduction to criminal sanctions. Milton Keynes: The Open University, pp.8-121.