Unit 1 – Principles of Criminal Law PDF

Preview

Summary

Concepts that underpin the aspects of the law....

Description

Unit 1 – Principles of Criminal Law Principles include ideas or concepts that underpin aspects of our criminal law. These are guidelines that we use to evaluate the law. They are also frequently the basis of academic debate or controversy. Fair Warning & Fair Labeling:  Public interest in knowing what sort of conduct will bring you into conflict with the law.  How does the general public assess the seriousness of an offence?  Fair warning refers to the requirement that a criminal statute defines an offence with enough accuracy so it enables a reasonable person to know what counts as a criminal offence.  The fairness of a label dictates the fairness of a warning.  Fair labeling is that the offence the person has committed describes the crime they have committed. This gives moral stigma with the conviction for each offence.  Ignorance of the law is not a defence. Autonomy & Welfare:  How far should the law go to protect society?  When should an act be criminalized?  What if I do no want to be protected by the law? Fundamentals of Criminal Justice: the ‘Holy Trinity’ of Criminal Law:  The presumption of innocence o The prosecution must prove its case. o A defendant does not have to prove their innocence. o Innocent until proven guilty.  The right to silence o Used to be unqualified (since 17th century). o A right not to self incriminate. o Perceived as a way to evade conviction. o Abolished by Criminal Justice and Public Order Act 1994. o Now a qualified right to silence.  The burden of proof o ‘Beyond all reasonable doubt’. o Woolmington v DPP [1935] AC 462.  The link between each of these is Article 6 of the ECHR, which under Section 2 states that, a defendant is innocent until proven guilty. The three work together to form a safety net around the defendant. Elements of Crime:  The principle of responsibility o The prosecution must prove ‘beyond all reasonable doubt’ that… o Defendant is responsible for the behaviour in question. o Defendant had the required state of mind in relation to that behaviour. o Actus reus = the external element of the crime. o Mens rea = the internal element of the crime.

Coincidence/Correspondence:  The actus reus and mens rea must occur together.  This can be summed up by the latin maxim: actus non facit reum nisi mens sit rea. Thus meaning an act is not sufficient; there must also be a guilty mind. Identification of Elements:  Not always easy as terms of art....