INTRODUCTION The huge body of the law can be broken down to according to various classifications. Three of the most important distinctions are those between (1) civil law and criminal law, (2) felonies and misdemeanors, and (3) crimes mala in se and mala prohibita (Gaines and Miller, 2013, pg. 69). CIVIL LAW AND CRIMINAL LAW Civil law includes all types of law other than criminal law. It deals with the disputes between individuals, organizations, or between the two, in which compensation is awarded
Chapter Three - Causation in the Criminal Law Chapter three allowed me to discover many new concepts including the legal definition of death, the difference between factual and legal causation, the difference between active and passive euthanasia, what assisted suicide is, and that there can be more than one cause of death. Much of this chapter focused on focused on causation. “ In all cases where consequences are an essential element of the actus reus, it is clear that the Crown must prove that
Introduction Criminal law is a part of law concerned with certain acts (labeled as criminal) that eventually lead to punishment. Although there is no clear-cut definition of what a criminal act is, we can say there are generally two elements to nearly all criminal acts. First, a criminal act is intended to do substantial harm. For example, murder, rape, robbery are considered to be criminal acts. Second, a criminal act involves either criminal intent or guilty mind (mens rea). There are levels in
Well, I have done my project on economic theory of criminal law to understand the economic aspects of criminal law. While doing this project I came across the idea as what should be considered as a crime? What should be criteria for determining a crime? By this I mean to say what the acts which should be punished. Now the other follow up question which comes is that after determining which acts are to be punished, how should we determine their extent? By the above statement I meant what should be
The offence Harry would be charged with is William’s murder. The area of Law that this case is concerned with is criminal law (homicide). The two offences that constitute homicide are murder and manslaughter. The classic definition of murder was set by Sir Edward Coke (Institutes of the Laws of England, 1797). Murder is defined by the Law as causing the death of a human being within the Queen’s peace with the intention to kill or cause grievous bodily harm. It comprises of 2 elements. These are
It is the purpose of this essay to discuss whether the implementation of strict liability within criminal law system is a necessary means for combating crime, and if there is any justification for its use. Strict liability is the placing of liability upon the defendant(s), regardless of whether or not mens rea is present. This can include instances of negligence, carelessness or accident. There are a number of arguments for and against strict liability, and this essay will identify and explore
hit I’s ear. I’s blood dripped onto I’s coat. The dart continued on to hit an electric cable, setting fire to a fete tent. SUGGESTED ANSWER In advising H of his criminal liability, the possible charges that can be brought against him are under the OFFENCES AGAINST PERSONS ACT 1861 for the injury caused against I, for criminal damage when the blood dripped on to I’s coat and when the tent caught on fire. I’s Injury When the dart that H threw had injured I’s ear. He could be charged
civilization may protest about the laws that control their daily lives and dispute in opposition to government power on principle, civilization could not accurately function without laws and without criminal regulation in particular. For centuries many have seen the principle of criminal law and of the government and the legal system collectively, as essential for the “smooth implementation of society and the conservation of order” (Duff, 2008). This view of criminal law considers it as part of the social
types of law such as civil law, administrative law, case law, criminal law, etc. I am going to focus on the essence of the concept of crime within the variations of law. Although many focus on the main three principles of crime which are the criminal act, mental state and a combination of both, there are five others that have equal importance. Those five are labeled as causation, resulting harm, principles of legality, principles of punishment, and necessary attendant circumstances. The criminal act,
Criminal law is the body of law that relates to crime.” (Wikipedia, 2014) This law encompasses several different aspects of our government and the ways used to regulate them. Maintaining the peace and order of the public is one aspect. Law enforcement officers also try to keep good conduct of the public. Anyone who places the safety of the public in jeopardy, is in violation of this law. Punishment is used in a variety of ways to discipline any person who breaks these laws. There are
undoubtedly complex due to the fact that it is not certain whether it deserves criminal punishment. Whether culpability lies in choosing to act wrongly when having the capacity to do otherwise, or manifests itself in other forms such as carrying out a serious criminal offence regardless of lack of intention, recklessness or knowledge, continues to provoke debate. The arguments for and against the notion that serious criminal offences
Williams in the text book of Criminal Law (Steven and Sons, 2nd Ed, 1983) 27, defines crime as “A crime (of offence) is a legal wrong that can be followed by criminal proceeding which may result in punishment”. 2. Oxford dictionary of Law (6th Ed, 2006) 140 defined Crime as an act (or sometimes failure to act) that is deemed by statute or by the common law to be a public wrong and is therefore punishable by the state in criminal proceeding. Role of the criminal law in
The law is meant to protect citizen and also to let the citizen what you can and cannot do, but not all laws are good and because of technology is changing and advancing fast, the law is slow to revise and keep up with the change. The law is designed to put bad guys in prison and the good guys out of jail, but the law is not perfect and some times the law put good guys in jail and keeps the bad guys out on the street. Criminal law is basically the foundation of the justice system. The law tells
Intoxication may be defined as a state where the intoxicated man is rendered incapable of knowing the nature of his act, or that his act is one which is either wrong or contrary to law. A person may be intoxicated by alcohol or drugs. The simplest argument as to why intoxication may be used as a defence, if a person is in an intoxicated state, and is not aware of what he is doing, there can be no mens-rea and thus he cannot be guilty of a crime. No man should be convicted of a serious offence unless
C. A tippee can satisfy the knowledge requirement of insider trading with imputed knowledge. A tippee has knowledge of a tipper’s breach if the tippee is willfully blind to the breach. Criminal law has long provided that a person cannot avoid liability by hiding from facts that a reasonable person would know. Stone v. United States, 113 F.2d 70, 75 (6th Cir. 1940). Willful blindness is an alternative method of proving that a defendant acted knowingly or willfully. Global-Tech Appliances, Inc
There are many forms of defense used in criminal court, one of them being duress. Duress, which is also know as compulsion is when a person commits a crime because someone using force either coerces them to do so or threatens to use force. In general duress is used, as a defense when the crime committed is less serious than the crime avoided. An example of duress would be a mother who would be forced to rob a bank because someone is holding her children hostage. The defense of duress is different
One way of looking at criminal law is that it is dealing with something of public awareness. For instance, the public has awareness in seeing that people are protected from being robbed or assaulted. These are legal problems that fall into the criminal law. Criminal law involves punishing and rehabilitating offenders, and protecting the public. Since the public has an interest in having criminal law, we give the government the power to put it in place and enforce it. The police and Crown
b) criminal law and civil law Generally, law in Malaysia can be divided into two which are criminal law and civil law. The aims of criminal law in Malaysia includes to protect persons or property, suppress anti-social behaviour and punish the offenders by the State presented by the Public Prosecutor or Attorney General. The parties in criminal law are Public Prosecutor or General Attorney V the Defendant in the court of criminal jurisdiction where the defendant will plead guilty or not guilty. The
The entire criminal justice system can be very frightening and even intimidating if someone fails to understand the meaning of terms used, procedures, laws, and rules (Cook, 2009). Criminal law is among the terms that have been defined differently by various sources. It is mainly concerned with a system of legal rules defining actions that are classified as crimes and the manner of which the government prosecutes people who commit crimes (Snyman, 2014). According to the chapter, some sources use
Criminal vs Civil Laws Civil law and criminal law are two broad and different areas of law with separate sets of laws and punishments. Criminal Law Criminal law deals with crime and the legal punishment of criminal offenses. A crime is any act that breaks the law, and the person responsible is punished. Civil Law Civil law deals with disputes between individuals, organizations, or between the two. Compensation is awarded to the victim if they win the case. Civil Case A person or organization can