Criminal law: General principles Flashcards
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.
