Criminal law: General principles Flashcards
(21 cards)
What is a crime? (3)
- A legal wrong, that may result in punishment through
criminal proceedings. - Wrongdoing that directly threatens the
security/wellbeing of society - Anything the state chooses to criminalise
How many criminal offences are there in English law?
8000
What is the ASBO and what did it challenge?
The Anti-Social Behaviour Order, a civil-criminal hybrid order. Challenged how and when the criminal penalty is summoned. It also challenged the division between criminal and civil law.
In what form does criminal law come?
Most of it is in statutes, some of it relies on decisions of the courts. There is no all-including code.
What are the 4 ways of classifying crimes?
- By Source (Statutory offence or common law)
- By method of trial
- Whether the crime is arrestable or non-arrestable
- Whether the crime is “true” or “regulatory”
What are the 3 components that criminal liability consists of?
- Actus reus
- Mens rea
- Absence of any defence to which the defendant could
plead
What is an “actus reus”? (6)
- A “guilty act”/Conduct that causes certain consequences.
- Conduct must be voluntary.
- Proof of causation between conduct and consequence
must be given. - It must prove that the conduct was an ‘actual cause’ (conduct actually caused consequence)
- Then, one can determine causation in law: D’s conduct doesn’t have to be the sole cause. Multiple factors can be responsible. This does not mean that they are also guilty! They have to be classified.
- “Reasonable foreseeability” means that the consequences of a parties action could have resulted in the injury, and any reasonable person could have figured that out
What is “reasonable foreseeability”?
The consequences of a parties action could have resulted in the injury, and any reasonable person could have figured that out.
Causation in law
D’s conduct doesn’t have to be the sole cause. Multiple factors can be responsible. This does not mean they are guilty!
Causation in law
D’s conduct doesn’t have to be the sole cause. Multiple factors can be responsible. This does not mean they are guilty!
What are the 4 “multiple factors” in causation?
That don’t change D’s liability/guilt
- Refusal of treatment/worsening of injuries by the
Prosecution - The especially susceptible victim (the ‘thin skull’ victim)
If V has a disability or some other weakness, and
therefore D causes greater injury to them than expected. - Injuries resulting from an attempted escape. (Only if
reasonably foreseeable) - Negligent, poor or inappropriate medical treatment. Except if medical treatment made the situation INCREDIBLY worse/was totally independent of D’s acts. Does not mean that medical staff are guilty.
What is “mens rea”?
Means “guilty mind”. Blameworthy mind. D had intention & knowledge of the crime, and was some cases reckless. Mens rea has to be proven.
How are crimes called that do not require proof of mens rea? What happens in those cases?
Crimes of strict liability. D can be guilty of the crime even if they don’t have mens rea. Liability depends on D’s negligence/failure to meet reasonable objectives.
What happens if we don’t know if D purposefully wanted to cause the consequence?
Wanting to cause the consequence and simply foreseeing it but not wanting it get assigned the same mens rea. (Direct intention has the same worth as oblique intention)
What is recklessness?
When D is not certain that he is going to cause an event, but only thinks it might be likely, and still does it. Proof of recklessness is generally enough to establish mens rea.
What is the law commission’s meaning of intention?
A person acts intentionally, with purpose to cause a result, OR he is aware that it would occur if he were to succeed in his purpose of causing another result.
What is the difference between subjective and objective recklessness?
Subjective: D chooses to ignore to make more enquiries
about the risk, because they have an idea
about what they will discover.
Objective: Creating an obvious risk, but being unaware of
it. Until 2003, people could still be convicted of
offences like criminal damage for this.
What’s transferred malice?
D wants to harm X, but unintentionally harms V. D’s mens rea in relation to X can be transferred to the actus reus against V!!
Why is coincidence of actus reus and mens rea important?
Both notions must be presented together at the same time (coincide) for D to be guilty. D can be guilty if he has mens rea at some point during the actus reus, even if not when it began.
What is substantive criminal law?
It deals with the types of behaviour that are qualified by the legislator as a crime, and with other requirements that have to be fulfilled before a court can say that a person is liable in criminal terms.
What is the “legality principle” in criminal law?
Criminal liability needs to be based on the law- a person cannot be convicted of a crime that has never been publicly announced, nor by a penal law that is passed retroactively.
