CRMINOLOGY MODULE

FORMATIVE ASSIGNMENT (2015-2016)(Marks: 25)

INSTRUCTION’S

• All assessed coursework is to be typewritten and must contain an accurate word count and bibliography.

• The deadline for submission is Tuesday 01July 2015 (7:00pm) (No excuse for late submission will be accepted or marked)

• The word limit is 3,000 words (to exclude footnotes, references and bibliography).

Please note the Law School’s regulations regarding deduction of marks for exceeding word limits.

• Please consult your lecturer for further rules on essay presentation.

(It is expected that the answer to the following question[s] will necessitate private research and reading beyond the material listed on the seminar sheets / PPT/ folder’s).

Please read the following essay titles carefully. Answer one question only. Failure to properly address the question in the exact terms in which it is set may lead to a fail mark.

  1. Islamic law protects life through its (criminal) law of equality (Qisas) whereby life is generally taken for a life. However, this form of punishment depends not only on the accused person’s mensreabut also on whom the deceased person was and what his/her relatives desire in terms of punishment.

Discuss qisasin relation to the above statement.

  1. The principal legislative response to September 11 is the anti-terrorist legislation titled "Uniting and Strengthening of America to Provide Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001". This creates the powerful acronym, the USA PATRIOT Act of 2001. It is a monster piece of legislation amounting to 342 pages, covering 350 subject areas, encompassing 40 federal agencies and carrying 21 legal amendments. In relation to above make a comparative analysis of Pakistan’s legislative responses to the menace of terrorism.
  2. When sovereignty appears in international criminal law scholarship, it commonly comes clothed in hat and cape. Generally, international criminal law scholars see sovereignty as the enemy. It is seen as the sibling of realpolitik, thwarting international criminal justice at every turn. Is this the same with Anti-Terrorism legislations of any country e.g. many provisions of Protection of Pakistan Ordinance were criticized being draconian, resultantly, PPA, 2014 was born and same is criticized by many opponents that it is against the very foundational structure of Islamic Law of criminology which confronts other crimes by stating the general principle and PPA, 2014 departs from that? (Critically Comment & Analyse)
  3. In 1833 Chief Justice Tindal in directed the jury on provocation said that they must consider

"whether the mortal wound was given by the prisoner while sma.rting under provocation so recent and so strong, that the prisoner might not be considered at the moment the master of his own understanding; in which case the law, in compassion to human infirmity, would hold the offence to amount to manslaughter only; or whether there had been time for the blood to cool, and for reason to resume its seat, before the mortal wound was given; in which case the crime would amount to wilful murder"(Comment in light of comparative law)

KEY TO SUCCESS

RESEARCH, RESEARCH & RESEARCH

/ MIAN ALI HAIDER,
L.L.B., L.L.M. (Cum Laude)
U.K.