Term 1 Exam

Question 1

What is criminal law?

Answer 1

It is a body of rules formally recognised by the state that prohibits certain behaviours with the threat of punishment by the state following prosecution using state agencies.

Question 2

What is crime?

Answer 2

One could say that crime is the state’s reaction to a type of wrong defined by the state that involves the imposition of punishment by state agencies.

Therefore, the decision to criminalise is the decision to invoke those mechanisms for detection, trial and punishment.

• H

Question 3

What are the elements of criminal liability?

Answer 3

Actus Reus - The prohibited act
Mens Rea - Culpable state of mine

Both the AR and MR must coincide, however, in strict liability offences, you only need the actus reus.

Question 4

Deontological Argument (Moral) -

Answer 4

• Lord Devlin and Kant

Rules uphold morality

Question 5

Utilitarian (Consequentialist)

Answer 5

• Rules protect society from harm (Feinberg and Devlin)
• They protect members of society from harm (Locke, Mill, Hart and Dworkin)
• Provide ways for members of society to thrive (Mill, Bentham)

Question 6

Sociological Perspective

Answer 6

• Rules are there for the sake of social cohesion as they help societies bond together and provide systems for society to operate (Durkheim, Hart, Llewellyn)

Question 7

Critical Theory

Answer 7

• Their function is to better certain groups (i.e. better certain interest groups or favour certain classes/sectors of society)
• Marx, Thompson, Foucault
• Tend

Question 8

Define Theft

Answer 8

• Theft Act 1968 S1