What is Criminal Law?
- Procedural Definition?
- Prosecution administer public interest test
- Burden on Prosecution to prove beyond reasonable doubt
- Attracting punishing
Key principles
- Presumption of innocence
- Every person accused of committing a crime is considered innocent until proven
guilty
- Burden and standard of proof
- General rule is that the prosecution bears the burden of proving the auccising
criminal liability or guilt beyond reasonable doubt
L
- Right to Silence
- Subject to certain statutory exceptions, nobody need answer any questions about
his/ her possible involvement in the commission of a crime, no matter who asks
them
GD
- Exercising the right of silence cannot be used as evidence of guilt
- Standard judicial direction
- The fact he has not given evidence proves nothing one way or the other, it
does not establish his guilt
- Jurisdiction- territoriality principle
- Traditional common law rule
- Criminal jurisdiction is territorial, a person may only be tried and convicted
by the court for an offense committed within the jurisdiction
Three Components to securing a conviction for a criminal offense
ce
1) Actus Reus
➢ Guilty conduct
2) Mens Rea
➢ Guilty Mind
3) Absence of a valid defense
A
Crown Prosecution Service that brings a prosecution on behalf of the Crown
Actus Reus & Mens Rea
Actus Reus (Everything except MR)
1. Acts
2. Omission of an Act
3. The existence of certain circumstances at the time of the defendant’s conduct
4. Certain consequences flowing from a defendant’s conduct
5. State of affairs
,Four exceptions to the general principle that there can be no liability for failing to act
1) There is a special relationship between the defendant and the victim
2) The defendant is under a contractual duty to act
3) The defendant is under a statutory duty to act
4) The defendant has created a dangerous situation
● R v Miller [1983] 1 All ER 978
■ Demonstrating how actus reus can be interpreted to be not only an act,
but a failure to act
Mens Rea: State of mind
1. Direct Intent
➢ The defendant wants or aims for a consequence to occur
2. Indirect Intent
L
➢ If a consequence was virtually certain to occur and the defendant foresaw the
consequence as virtually certain to occur, the jury may find intention
(Nedrick/Woollin)
3. Recklessness
(Cunningham)
4. Knowledge
GD
➢ The defendant foresees a risk and goes on to take it, and the risk is unjustified
General Approach to analyzing criminal liability of an offense
1) Identify conduct which may give rise to criminal liability
2) Identify potential offenses
3) Consider whether AR of offense satisfied
4) Consider whether MR of offense satisfied
5) Consider whether any denounce applies
ce
Reason for this general approach
1) Compartmentalization - Prosecution generally bears the burden of proving MRD all
elements of the offense, as well as absence of any defenses (where D has raised
sufficient evidence)
2) Looking at AR before MR - so that we locate the offense at a particular point in time,
A
because AR and MR have to coincide at the same time
, L
Civil vs Criminal Cases GD
1) Who starts the proceedings?
Civil: Usually started by the victim, the person who suffered the loss
Criminal: Brough by a public official, often by the Crown Prosecution Service
ce
2) Who decides to stop the proceedings?
Civil: The claimant can discontinue civil matters at any stage
Criminal: Can proceed to a trail even if the victim does not want the matter to be taken any
further
A
3) What sanctions can be imposed, and what is their function?
Civil: Financial sanctions are imposed and are designed to compensate the victim
Criminal: To meet a number of different requirements: to punish offenders, to reduce crime, to
reform and rehabilitate offenders, to protect the public and to enable offenders to make
reparation to persons affected by their offenses. Imprisonment, community sentences and fines
can all be imposed.
Why criminalize certain behaviors?
, - Main goal of criminalisation is often said to be the protection of society
- If people are acting in an unacceptable or potentially dangerous way
- So they know they will be punished
- Punish those who have caused harm or loss to people or property
The Moralist approach
- Seek to criminalize conduct which is regarded as morally blameworthy even if no harm is
caused
- Eg, found drunk and disorderly, 18 year old boy having sex with his 15.5 year old
girlfirend
- Often criticized as an invasion of privacy where no harm has been caused
The Utilitarian approach
L
- Seeks to criminalize conduct which is blameworthy and causes identifiable harm
- Offenses like rape, murder, assault, theft and criminal damage
The Rule of Law
GD
- Fundamental principle of criminal law is that it should be clear and that ambiguity should
be interpreted in favor of the defendant
Importance of Rule of Law
- No criminal liability except for conduct specifically prescribed by law
- A defendant should not be punished for being wicked or acting wickedly unless his
behavior falls within the definition of a criminal offense
Summary Only Offenses
- Only tried at magistrate court
ce
- Damages less than 5000 pounds can only be dealt with in the magistrate court
Either- Way Offenses
- Middle range of offenses which could be tried in the magistrate court or Crown Court
- Include theft, dangerous driving, burglary and certain types of assault
- Location depends whether the magistrate court think they can handle the complexities
A
and seriousness of the case
Indictable Only Offenses
- Include murder, rape, robbery
- Have to be tried in Crown court before a judge or jury
Burden of Proof and Standard of Proof
- Guilt determined by assessing the evidence put before the court
- Most cases there also needs to be proof that the defendant committed the criminal
behavior with a guilty state of mind
- Procedural Definition?
- Prosecution administer public interest test
- Burden on Prosecution to prove beyond reasonable doubt
- Attracting punishing
Key principles
- Presumption of innocence
- Every person accused of committing a crime is considered innocent until proven
guilty
- Burden and standard of proof
- General rule is that the prosecution bears the burden of proving the auccising
criminal liability or guilt beyond reasonable doubt
L
- Right to Silence
- Subject to certain statutory exceptions, nobody need answer any questions about
his/ her possible involvement in the commission of a crime, no matter who asks
them
GD
- Exercising the right of silence cannot be used as evidence of guilt
- Standard judicial direction
- The fact he has not given evidence proves nothing one way or the other, it
does not establish his guilt
- Jurisdiction- territoriality principle
- Traditional common law rule
- Criminal jurisdiction is territorial, a person may only be tried and convicted
by the court for an offense committed within the jurisdiction
Three Components to securing a conviction for a criminal offense
ce
1) Actus Reus
➢ Guilty conduct
2) Mens Rea
➢ Guilty Mind
3) Absence of a valid defense
A
Crown Prosecution Service that brings a prosecution on behalf of the Crown
Actus Reus & Mens Rea
Actus Reus (Everything except MR)
1. Acts
2. Omission of an Act
3. The existence of certain circumstances at the time of the defendant’s conduct
4. Certain consequences flowing from a defendant’s conduct
5. State of affairs
,Four exceptions to the general principle that there can be no liability for failing to act
1) There is a special relationship between the defendant and the victim
2) The defendant is under a contractual duty to act
3) The defendant is under a statutory duty to act
4) The defendant has created a dangerous situation
● R v Miller [1983] 1 All ER 978
■ Demonstrating how actus reus can be interpreted to be not only an act,
but a failure to act
Mens Rea: State of mind
1. Direct Intent
➢ The defendant wants or aims for a consequence to occur
2. Indirect Intent
L
➢ If a consequence was virtually certain to occur and the defendant foresaw the
consequence as virtually certain to occur, the jury may find intention
(Nedrick/Woollin)
3. Recklessness
(Cunningham)
4. Knowledge
GD
➢ The defendant foresees a risk and goes on to take it, and the risk is unjustified
General Approach to analyzing criminal liability of an offense
1) Identify conduct which may give rise to criminal liability
2) Identify potential offenses
3) Consider whether AR of offense satisfied
4) Consider whether MR of offense satisfied
5) Consider whether any denounce applies
ce
Reason for this general approach
1) Compartmentalization - Prosecution generally bears the burden of proving MRD all
elements of the offense, as well as absence of any defenses (where D has raised
sufficient evidence)
2) Looking at AR before MR - so that we locate the offense at a particular point in time,
A
because AR and MR have to coincide at the same time
, L
Civil vs Criminal Cases GD
1) Who starts the proceedings?
Civil: Usually started by the victim, the person who suffered the loss
Criminal: Brough by a public official, often by the Crown Prosecution Service
ce
2) Who decides to stop the proceedings?
Civil: The claimant can discontinue civil matters at any stage
Criminal: Can proceed to a trail even if the victim does not want the matter to be taken any
further
A
3) What sanctions can be imposed, and what is their function?
Civil: Financial sanctions are imposed and are designed to compensate the victim
Criminal: To meet a number of different requirements: to punish offenders, to reduce crime, to
reform and rehabilitate offenders, to protect the public and to enable offenders to make
reparation to persons affected by their offenses. Imprisonment, community sentences and fines
can all be imposed.
Why criminalize certain behaviors?
, - Main goal of criminalisation is often said to be the protection of society
- If people are acting in an unacceptable or potentially dangerous way
- So they know they will be punished
- Punish those who have caused harm or loss to people or property
The Moralist approach
- Seek to criminalize conduct which is regarded as morally blameworthy even if no harm is
caused
- Eg, found drunk and disorderly, 18 year old boy having sex with his 15.5 year old
girlfirend
- Often criticized as an invasion of privacy where no harm has been caused
The Utilitarian approach
L
- Seeks to criminalize conduct which is blameworthy and causes identifiable harm
- Offenses like rape, murder, assault, theft and criminal damage
The Rule of Law
GD
- Fundamental principle of criminal law is that it should be clear and that ambiguity should
be interpreted in favor of the defendant
Importance of Rule of Law
- No criminal liability except for conduct specifically prescribed by law
- A defendant should not be punished for being wicked or acting wickedly unless his
behavior falls within the definition of a criminal offense
Summary Only Offenses
- Only tried at magistrate court
ce
- Damages less than 5000 pounds can only be dealt with in the magistrate court
Either- Way Offenses
- Middle range of offenses which could be tried in the magistrate court or Crown Court
- Include theft, dangerous driving, burglary and certain types of assault
- Location depends whether the magistrate court think they can handle the complexities
A
and seriousness of the case
Indictable Only Offenses
- Include murder, rape, robbery
- Have to be tried in Crown court before a judge or jury
Burden of Proof and Standard of Proof
- Guilt determined by assessing the evidence put before the court
- Most cases there also needs to be proof that the defendant committed the criminal
behavior with a guilty state of mind
