KPI0051D GROUP MEMBERS : Anwar Bin Abd Rahman ( 2012611452 ) Ahmad Ikmal Bin Ahmad Redza ( 2012603476 ) Mohamad
Azwar Bin Kamaruzaman ( 201261344 ) Mohamad Syakir Bin Mohamad Juni ( 2012645092 )
Prepared for : Miss Noorsaliza Amin Nudin
QUESTION 4
QUESTION 5
DEFINITION OF LEGAL RESEARCH
The purpose of legal research is to find "authority" that will aid in finding a solution to a legal problem. One of the reasons for conducting legal research is to analyse the law by reducing, breaking and separating the law into separate elements. It portrays research as a general process of enquiry applicable to everything from simple to sophisticated legal field.
MURDER
RESEARCH PLANNING
RESEARCH IMPLEMENTATION
PRESENTATION OF RESEARCH FINDINGS
FIRST STEP ON LEGAL RESEARCH
Research planning
The important stages before we go deep about a research. Give us the main idea about the case Helps us to find the main keywords in the legal research There are 4 steps research planning
STEPS IN RESEARCH PLANNING
FACT COLLECTION FACT ANALYSIS IDENTIFICATION OF FACTUAL AND LEGAL ISSUES FORMULATING RESEARCH PLAN
Facts collection is all about collecting all relevant facts from all possible sources We can use the method of 5W1H in this steps
Who Why What
When Where How
What is the condition of the victim ?
Who did the murder ?
When did the murder happened ?
Where did the murder occurred ?
Why the victim was killed ?
How did the murderer kills his/her victim?
After gathered our facts, we will be in a position to analyse their significance. There are 3 techniques to be used in the facts analysis:
WEST SYSTEM MIND MAPPING BRAINSTORMING
WESTS SYSTEMS
In this systems, you need to analyze your data under the following heads:
Parties Object Defence
Places Basis Relief
Parties identify the parties involve, relationship to each other or as individual, or company etc : murderer + victim Places where the fact/case occurred : empty house, forest Object identify the objects involve : knife, pistol, rope Basis involve the legal basis on which the action will be founded : whether the murderer is found guilty or not Relief what the potential relief might be obtained : death sentence, imprisonment
BRAINSTORMING
Is a far less structured approach to fact analysis. The whole essence of brainstorming is that it demands immediate, instinctive and intuitive responses The adoption of this method might produce a list such as the following which the group then proceeds to elucidate, organise and analyse
Police report Death certificate Witnesses Limitation period Date
MIND MAPPING
In diagrammatic form, the analyst identifies a central theme or proposition and then branches out from that proposition to identify facts (and fact omissions) and inferences which support or deny the central theme. A diagram used to visually outline information.
Imprisonment
Death penalty
Accused
Public Prosecutor
Relief
Parties
Murder
Place Liability
Empty house
Jungle
Criminal
Once you have gathered your facts and, distinguished the relevant from the irrelevant, you will be in a position to organise them and, relate the facts to the relevant legal principles. Organising the factual information will assist you in identifying the factual and legal issues and focus the subsequent steps in your research plan.
The avenue that takes place in our research are:
Law library Online database Field work
RESEARCH IMPLEMENTATION
IDENTIFICATION OF PROBLEMS FOR RESOLUTION IDENTIFICATION OF RELEVANT SOURCE OF MATERIALS
EFFECTIVE USE OF SOURCE MATERIALS
ANALYSIS OF RESEARCH FINDINGS APPLICATION OF FINDINGS TO PROBLEMS
1 ) IDENTIFICATION OF PROBLEM FOR RESOLUTION
Murder has become one of the biggest problem in this country
2) IDENTIFICATION OF RELEVANT SOURCE MATERIALS : once the problem has been identified, you have to identify the relevant source materials in settling or solving the issue/problems at hand.
Example of primary sources: STATUTES, ACTS, LAW REPORTS Example of secondary sources: TEXTBOOKS, ABSTRACTS FROM NEWSPAPER You need to have basic knowledge of types of legal sources available in order to find the most relevant material in your research.
Penal Code Federal Constitution
EFFECTIVE USE OF SOURCE MATERIALS : We must choose the most relevant source materials and use it effectively : relevant source will help you to find accurate answer in your research
3)
Penal Code
Sec.300 Except in the cases hereinafter excepted, culpable homicide is murder (a)if the act by which the death is caused is done with the intention of causing death; (b)if it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused; (c)if it is done with the intention of causing bodily injury to any person, and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death; or (d)if the person committing the act knows that it is so imminently dangerous that it must in all probability cause death, or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death, or such injury as aforesaid.
Sec. 302 Punishment for murder: Whoever commits murder shall be punished with death. Sec.307 Attempt to murder: (1)Whoever does any act with such intention or knowledge and under such circumstances, that if he by that act caused death he would be guilty of murder, shall be punished with imprisonment for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable to imprisonment for a term which may extend to twenty years. (2)When any person offending under this section is under sentence of imprisonment for life or for a term of twenty years, he may, if hurt is caused, be punished with death.
Federal Constitution
Article 5 Liberty of the person 1)No person shall be deprived of his life or personal liberty save in accordance with law.
Homicide Act 1957 The Homicide Act 1957 (5 & 6 Eliz.2 c.11) is an Act of the Parliament of The United Kingdom.
Section 5 Capital murder This section created a new offence of capital murder. A person was guilty of this offence if he committed murder in one of these situations: Murder in the course or furtherance of theft; s.5(1)(a) Murder by shooting or by causing an explosion; s.5(1)(b) Murder in the course or for the purpose of resisting, avoiding or preventing a lawful arrest, or of effecting or assisting an escape or rescue from legal custody; s.5(1)(c) Murder of a police officer acting in the execution of his duty, or of a person assisting a police officer so acting; s.5(1)(d) Section 6 Death penalty for repeated murders This section required the death penalty for anyone convicted of two murders committed on two separate occasions, provided both murders were committed in Great Britain.
4) ANALYSIS OF RESEARCH FINDINGS
Once you have gathered all the information, you have to analyze it.
Factors of Murder
1 ) Gun Accessibility In 2009, firearms were used in 67.1% of the homicides analyzed by the FBI. Research findings indicate firearm availability is positively associated with homicide rates. Locations with higher levels of firearm ownership are plagued with higher homicide rates
2 ) Drug and Alcohol Use Drug use may be related to increased incidences of homicide. In 1997, the percentage of federal prison inmates convicted of murder who reported being under the influence of drugs at the time of their offense was 29.4% while the percentage of state prison inmates convicted of murder who reported being under the influence of drugs at the time of their offense was 26.8%. The most frequently cited circumstance surrounding the commission of a homicide is an argument. Arguments include brawls caused by the influence of alcohol or narcotics.
3 ) Anger This often goes hand in hand with drinking or drug taking. It's easy for any situation to get out of hand. A comment may be taken in the wrong way, or a snub felt where none was intended. Before you know it, fists are flying and one wrongly landed blow later, sobriety hits faster than expected. But sometimes it's a simple case of not being able to hold one's temper and, picking up an object and flinging it in the direction of someone infuriating you may be a typical way of expressing anger for some people but it only takes one time for that object to strike in a vulnerable area for manslaughter charges to be brought
5) APPLICATION OF FINDINGS TO PROBLEMS After that, you have apply your finding to the problem in your research.
Ways To Decrease Murder in Society
By strengthening the criminal justice system, dramatically
raising the probability that, if you commit a murder, youll be caught, investigated, prosecuted, convicted, jailed and facing death sentence. Increasing the number of police officers and public prosecutors to
The method you choose for presenting your research/finding differs from one occasion to another.
Who is involved in this presentation ? Students in Group C , D and F Miss Noorsaliza Amin Nudin
What is the topic choosen ? Murder case
When is the presentation due? 9/9/2012 ( Sunday )
Where does the presentation take place? B4 of lecture room
How do you present your findings ? By Microsoft Power Point with appropriate language and appropriate attire
REFERENCE
(2012, JANUARY 5). Article 5 Liberty of the person.FEDERAL CONSTITUTION. Section 300, 302 & 307. Penal Code. Section 5. Homicide Act 1957. Siti Nadira Abdul Rahim et al. (2012). Child abuse.
