Introduction to Criminal Law

Question 1

Criminal Law is seen as a…

Answer 1

Valuable social tool

Question 2

It is a valuable social tool because…

Answer 2

• It provides an effective control over behaviour (Instrumental)
• It Provides a way of saying something to the wider community (symbolic)

Question 3

Difference between Civil Law and Criminal (Civil Law)

Answer 3

1. Provides redress for interpersonal legal wrongs
2. Action is brought by the party who sustains loss (known as the claimant)
3. The Remedy is usually damages to compensate for the loss

Question 4

Difference between Civil law and Criminal (Criminal)

Answer 4

1. Concerned with duties owed by individuals to society as a whole
2. Prosecuted by, or in the name of the state (eg, R v Woolin)
3. If found guilty, the defendant will receive a criminal sanction (penalty)

Question 5

Criminal court /System

Answer 5

Supreme court
Court of Appeal
Crown court
Magistrates court

Question 6

Judicial Law-making

Answer 6

1. The courts interpret and apply the law
2. They do not make the law

Question 7

Judicial Law-making; Five Criteria (1-2)

Answer 7

1. If the solution is doubtful the Judges should be aware of imposing their own remedy
2. Caution should prevail if Parliament has rejected opportunities of clearing up a known difficulty, or had legislated leaving the difficulty untouched

Question 8

Judicial Law-making; Five Criteria (3-4)

Answer 8

3. Disputed matters of social policy are less suitable areas for judicial intervention than purely legal problems
4. Fundamental legal doctrines should not lightly set aside

Question 9

Judicial Law-making; Five Criteria (5)

Answer 9

5. Judges should not make a change unless they can achieve finality and certainty

Question 10

Purpose and conditions of criminal liability (Objective thought)

Answer 10

• Hold the defendants liable for what they do and the results proceed

Question 11

Purpose and conditions of criminal liability (Subjective thought)

Answer 11

We hold D liable for what they choose to do
Homicide Act 1957 - “A killing shall not amount to murder unless done with malice aforethought

Question 12

Morality

Answer 12

“The function f the law is to preserve public order and decency, to protect the citizen from that which is offensive and injurious and to provide sufficient safeguards against exploitation….” (Wolfenden 1957, para [13])

Question 13

Should offensive behaviour be criminalised?

Answer 13

• Brown [1994] 1 AC 212
• Wilson [1996] 3 WLR

Question 14

Sources of criminal law

Answer 14

• Common law (precedent) = that part of English Law which has been developed by the courts (eg. murder/insanity)

Question 15

Minimum requirements of criminal law

Answer 15

1. Certainty
2. Consistency
3. Accessibility

Question 16

Criminal law and the ECHR

Answer 16

Article 6; Right to a fair trial
Article 7; No one shall be held guilty of an offence if it wasn’t illegal at the time when it was committed
Article 8: Right to private family life