Crime

Question 1

What is crime as defined by S.2 of the Criminal Code?

Answer 1

The Criminal code uses the word “offence” to be an act/omission which renders the person doing the act or making the omission liable to punishment under this code, or under any Act, or law…

Question 2

What is crime according to Adolphus Karibi Whyte?

Answer 2

It is used to describe the disapproval of condemnation with the society in respect to what qualifies for a crime

Question 3

What did Prof. Adeyemi define crime as?

Answer 3

An act/omission which amounts on the part of the doer/omitter, to a disregard of the fundamental values of a society thereby threatening and/affecting the life, limb, reputation and property of another citizen(s) at any given time to the extent that it justifies society’s effective interference through and by means of it’s appropriate legal machinery.

Question 4

What are the key features of crime in Adeyemi’s definition?

Answer 4

1. The need for consciousness/deliberation in the act/omission
2. The act/omission must be a disregard for the fundamental values of society
3. The act/omission must threaten/affect the life, limb, reputation and property of another or other citizen(s)
4. Justification by means of its appropriate legal machinery.

Question 5

The harm principle was propounded by who?

Answer 5

John Stuart Mill

Question 6

What is the rationale behind the Harm principle?

Answer 6

It is only conduct that are harmful that should be criminalized

Question 7

What are the criticisms of the Harm principle?

Answer 7

It has been criticized as being too broad to map the distinction between conduct ineligible for penal prohibition and too narrow because it cannot capture intentional interferences with the free exercise of will that might benefit the person interfered with.

Question 8

What is another name of the Harm principle?

Answer 8

The Principle of Liberty