1 - An Introduction to Criminal Law Flashcards
What is an important distinction between criminal law and civil law?
An important distinction is drawn between the criminal law, where the aim of the court is to punish the wrongdoing of the defendant, and the civil law, where the aim of the court is to compensate the victim for injuries wrongfully caused by the defendant.
What five principles are generally thought to underpin the criminal law?
1) the principle of legality - that crimes should be clearly defined
2) the principle of responsibility - that a person should only be guilty if they are to be blamed for their actions
3) the principle of minimum criminalization - that criminal law should only be used where absolutely necessary
4) the principle of proportionality - that the sentence given for an offence should reflect its seriousness
5) the principle of fair labelling - that the description of the offence should accurately describe the wrong involved
How did legal theorist Glanville Williams define a crime in 1955 and what are some issues with his definition?
Williams says, a crime is
‘an act capable of being followed by criminal proceedings having a criminal outcome, and a proceeding or its outcome is criminal if it has certain characteristics which mark it as criminal.’
Williams’ definition is undeniably circular (something is criminal if it is criminal), and seems to avoid definition of the term ‘criminal’ and so might appear to be of little use. However, it arguably reflects more accurately the reality of the modern criminal law, where the scope of the law has extended to include large numbers of regulatory offences tried under criminal proceedings, the contents of which go far beyond conduct which can easily be regarded as moral of even public wrongs.
When does the definition of a crime become significant?
The definition of a crime comes into focus when it is necessary to distinguish crimes from civil wrongs. It is the censure and punishment that are attached to a criminal conviction which can explain the difference between civil and criminal proceedings. A fine carries with it moral blame, while an award of damages may signify that a person is responsible for the loss, but not carry the sense of condemnation that a criminal sanction does.
How does Andrew Simester, John Spencer, Bob Sullivan and Graham Virgo explain the difference between civil and criminal proceedings?
‘Assault involves an interference with fundamental rights of the victim, rights which the state is perceived to have a duty to protect. By contrast, individuals are normally able to protect themselves against breach of contract, and can satisfactorily undo any damage suffered with the aid of the civil law.’
They, therefore, argue that the state intervenes with the criminal law to protect citizens when people are unable to protect themselves or receive adequate compensation through the civil courts.
The American Model Penal Code, section 1.02, lays out 5 points as to what the general purposes of the provisions governing the definition of offenses are - what are these 5 points?
The general purposes of the provisions governing the definition of offenses are:
a) to forbid and prevent conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests;
b) to subject to public control persons whose conduct indicates that they are disposed to commit crimes;
c) to safeguard conduct that is without fault from condemnation as criminal;
d) to give fair warning of the nature of the conduct declared to constitute an offense;
e) to differentiate on reasonable grounds between serious and minor offenses
You don’t have to learn these, but they provide a good picture of criminal behaviour in England and Wales. Studies suggest the following 5 statistics.
1) around 9.2 million people, a fifth of the adult population, have a criminal record. In one survey, 61% of people admitted some kind of offence against the government, their employers, or businesses. One survey found that 47% of cars travelling on the motorway were travelling over the speed limit. Over half of Britain’s motorists break the speed limit every day, according to a survey by the RAC.
2) the CSEW estimates that for the years 2014/15 there were 6.8 million crimes committed against adults in England. Of these, 3.8 million were reported to the police. The CSEW estimate is the lowest figure since records began in 1981, belying the common perception that crime is ever more prevalent.
3) two out of every 100 adults aged 16 and over experienced a crime against them in the previous 12 months, before March 2015. In 1995 the figure had been five in every 10 adults, showing a steep drop; although the victimization rate depends significantly on a range of socio-economic factors and age.
4) the detection rate of reported offences was 28.9% for 2012/2013.
5) the general public grossly overestimates the incidence of violent crime and grossly underestimates the length of sentences that are typically awarded.
What are three principles of legality?
1) the law must be clear
2) the law must be capable of being obeyed
3) the law must be readily available to the public
