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[Solved] The death penalty was abolished in Great Britain in 1965 (and in Northern Ireland in 1973), but still exists in other countries. Do you think that the death penalty should be reintroduced in the UK? You should explain your answer with reference to penal theory.

This is the latest date by which your TMA must reach your tutor. You must submit your TMA using the online TMA system.

TMA 04 consists of three questions. You are expected to answer all questions in this TMA. Your answers should be written in your own words. You do not need to use additional resources to complete your answers. All the information you require is provided in the module materials.

This TMA is designed to test your knowledge and understanding of Units 14–18.

The total word limit for TMA 04 is 1,500 words. All the words you use to answer the questions, including quotations and citations, are included in your word count.

We suggest that you answer the questions using approximately the number of words shown in the table below:

You must provide a reference list and a word count. The reference list is not included in the word count.

Questions

Question 1

Identify and explain which penal theories underpin the death penalty.

The death penalty was abolished in Great Britain in 1965 (and in Northern Ireland in 1973), but still exists in other countries. Do you think that the death penalty should be reintroduced in the UK? You should explain your answer with reference to penal theory.

(45 marks)

Question 2

Nick was rushing to pick his daughter up from school. As he was running quite late, he was in a hurry and was driving at a speed that was in excess of the speed limit for the residential street on which he was driving. He was also on the phone to his daughter who had called to see how much longer he would be. Distracted by his irate daughter, Nick does not notice that Jenny, who is on a moped, is stopped at a red traffic light. Nick hits Jenny at quite a significant speed. Jenny is knocked off the moped. The moped is badly damaged by Nick`s car.

Nick is shocked, but uninjured. Jenny was wearing a helmet, so luckily she does not suffer any head injuries. However she does suffer from a broken arm and a spinal injury. Jenny has to take two months off work as a result of her injuries. The medical specialist who has been treating Jenny is of the opinion that it is difficult to determine what the long term effects of her spinal injury may be.

Identify the civil claim which is available to Jenny, and explain which facts she must prove to be successful in her claim and to what standard she must prove them. State whether you think her claim is likely to succeed. Explain the categories of damages she may be awarded. 

(45 marks)

Question 3

• a.Identify three skills that you have developed during your study of W101.
• b.Explain how you could apply any one of these skills in a workplace.

(10 marks)

Learning outcomes

TMA 04 tests the following learning outcomes:

Knowledge and understanding

• explain and apply the principal theories of punishment
• explain the facts that must be proved in a civil claim and how compensation is calculated.
• select and apply legal principles and legal authority in a logical and coherent way
• identify the characteristics of a legal argument
• appropriately cite and reference primary and secondary sources of law, and other legal information
• recognise how law, and the skills acquired when studying law, can be useful in the workplace.

Skills

Advice

The OU Law School Undergraduate Assessment Guide  contains definitions of words used in TMA questions, and provides guidance on answering problem questions. It also gives advice on in-text citations and the reference list that you must produce and include at the end of your work. You should read this guide before attempting TMA 04.

Your answers to Questions 1 and 2 must be written in the third person. Your answer to Question 3 should be written in the first person.

Your answers to all the questions must be written in complete sentences arranged in paragraphs. Every sentence in your TMA must contribute to your overall answer.

You must demonstrate the ability to find and select relevant material.

It is very important that you are clear about exactly what you are being asked to do, and you must address the questions.

You should check your TMA carefully before submission, ensuring that you correct any spelling or grammar mistakes.

Question 1

This question requires you to apply the knowledge of penal theories that you gained from your study of Unit 18. You should identify which penal theories underpin the death penalty and then explain each of these theories. You are then asked to give your opinion on whether the death penalty should be reintroduced in the UK. You must justify your answer with reference to penal theory.

You may have strong feelings on the issue of the death penalty. You may express these views, but you must use formal language and write in the third person (for example, ‘it is suggested that …’ or ‘it is contended that …’, rather than ‘I think …’ or ‘in my view …’), and in a way that directly answers the question. You should also ensure that you give full reasons, in your own words and based on recognised penal theory, for all the views that you express.

Guidance on structuring an answer to an essay question is given in the OU Law School Undergraduate Assessment Guide and in Unit 7, section 7.

Question 2

You should refer to Units 14, 15 and 17 to help you answer this question. This is a problem-style question and you should structure it appropriately. You may use either the three-part structure that is outlined in section 3.2.3 of the OU Law School Undergraduate Assessment Guide or the IRAC structure that is outlined in Unit 10.

You are expected to discuss whether each element of the civil claim that Jenny may bring would be met and identify the standard to which she must prove her claim. You should reach a conclusion on its likely success. You must also identify the categories of damages that she may be awarded. You should not attempt to estimate the amount of compensation, you should not consider criminal liability at all.

Question 3

Part a encourages you to identify three specific skills that you have learned during your study of W101. You should be as specific as the word count allows, and the skills that you identify may cover areas other than studying.

Part b requires you to think how one of the skills you have identified could be useful in the workplace. If you are employed at the moment, you can relate the skill to your present job, but it is equally acceptable to think about how the skill might relate to work that you hope or plan to do in the future. As in your answer to part a, you should be as specific as the word count allows.

This type of self-reflection, which helps you to assess your employability, forms part of your Personal Development Planning.

Finally

When your marked TMA is returned, you should reflect on your tutor’s comments, and how you may apply these in your future studies.