Spousal compellability essay help

Conclusion To conclude, in the light of Hoskyn the subsequent reform of the law relating to spouse compellability maybe justifiable, even if from a utilitarian standpoint as violent criminals need to be brought to justice where incompetence and non- compellability would otherwise serve as obstacles to the truth.

There could also be problems where the compellable offences were not given a narrow interpretation, for instance s 80 3 a uses the term "offences involving an assault" would be much wider than a charge of assault as in the case of R v YEO 1 All ER living off immoral earnings could fall within the definition of an offence.

About this resource This coursework was submitted to us by a student in order to help you with your studies. A essays on leadership www. Water essay in english cinematography essays essie take it outside comparison essay. Lord Edmunds in his dissent argued that where the wife would not be compellable it could present the risk of the police being reluctant to investigate domestic violence as they would any other violent crime, as compellable witnesses would then be absent.

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Conclusion To conclude, in the light of Hoskyn the subsequent reform of the law relating to spouse compellability maybe justifiable, even if from a utilitarian standpoint as violent criminals need to be brought to justice where incompetence and non- compellability would otherwise serve as obstacles to the truth.

With the matter of compellability on behalf of the prosecution, the Committee agreed that a wife should not be made compellable to testify against her husband as this could disrupt the marriage relationship, endorsing the common law rule based on the need to preserve the marriage.

Other reasons the Committee gave for this position, were that serious cases coupled with the reluctance of the wife to testify, could cause great difficulty in proving the offence where the wife would be the only witness, R v Deacon 6 The Hoskyn Case This situation emerged in the case of Hoskyn v Metropolitan Police Commissioner 7 the House of Lords considered a case where the woman had who was unwilling to give evidence was called as a prosecution witness.

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There is no doubt that there is a fine balance in favour of and against compellability however society are also entitled to be protected from violent criminals that pray on persons weaker than themselves thus may be said that it is in the public interest of a modern society that the spouse is both competent and compellable for the prosecution in certain cases.

There have been concerns raised as to whether the rules of spousal compellability are in accordance with the values of a modern society, and whether Parliament has struck the right balance between public policy interests and the preservation of the marriage.

Lapworth 1 K. Yet it may also be said that murder or rape of persons over the age of 16 years such as the elderly would be equally serious. Essay fashion clothes persuasive speech essay for medical population of india. History The historical background of the common law rule of spousal incompetence can be traced back to the 17th century where it was an established fundamental principle that generally a wife could not give evidence in a criminal matter against her husband.

Nevertheless the law was still a disorganised mixture of statue and common law, therefore Parliament commissioned an inquiry to be carried out by the Law Revision Committee.

Pov dbq essay imperialism professional essay writing services video how to write university standard essay. The possible danger here is that it could lead to unequal treatment of spouse witnesses and accused due to the differences in the exercise of discretion by the judges.

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Essay on my experience on a rainy day in marathi multicultural london essay. It came to the conclusion that it unnecessarily deprived the courts of the evidence of a wife who was prepared to testify against her husband.

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Spousal compellability essay help

Competence without compellability would more likely [contribute to] family discord than prevent it.” In the matter of appearance, she noted that: “fair-minded persons generally find it abhorrent that persons who commit crimes go un-prosecuted.

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There have been concerns raised as to whether the rules of spousal compellability are in accordance with the values of a modern society, and whether Parliament has struck the right balance between public policy interests and the preservation of the marriage.

Spousal Compellability? Support for Marriage or Complete Myth Essay  I confirm that this assessment is all my own work and the source of any information and/or material I have used (including the internet) has been fully identified and properly acknowledged as set out in the School of Law guidelines.

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Spousal Compellability? Support for Marriage or Complete Myth; Spousal Compellability? Support for Marriage or Complete Myth [] 1 Cr App R 39 and the wider law on spousal compellability.

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