‘The criminal law, of England and Wales, could and should make better use of psychological theory and research when developing the rules of criminal responsibility, for defendants who lack capacity.’Critically discuss this statement with reference to The core objectives of this assessment are to test your understanding of:
(a) the law and the psychological theory and research relating to one of the issues around capacity.
(b) the debates surrounding the appropriateness of the criminal law in the light of the psychological theory and research.
To demonstrate that understanding, you will need to go beyond describing criminal law and psychological theory and research.
In order to develop ideas and arguments which illustrate your position on the statement, you will need to assess the quality of the arguments which you, and others, make and the quality of the evidence or research you, and they, rely upon.
Critically discuss this statement with reference to one defense concerned with capacity. PLEASE USE INTOXICATION AS THE DEFENSE.
Check your understanding of the criminal law
(Note: You do not have to explain the criminal law relating to your chosen defense) a brief explanation may help.
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