Rules of criminal law: session 1 Flashcards
What is the definition of criminal law?
Forbidden by state for which there is punishment
What are things that were considered criminal that have changed?
- homosexual acts 1885 banning homosexual acts
- sexual offences act 1967 decriminalisation if these acts for 21+
- road traffic laws
What are reasons for things considered criminal changing ?
- social view changing
- technological changes
What is the role of the state?
- issues regulations and acts of parliament
- assign penalties for breach of law
Who prosecutes in criminal cases?
- mainly crown court
- private organisations like RSPCA in cases of animal abuse
What does conduct criminalised by judges mean?
- When action is deemed illegal by judges ruling not parliament
- judge creates new criminal offence through case law
What is an example of conduct criminalised by judges?
Shaw v DAPP: defendant published ‘ladies directory’ with addresses, names , photos, and names of services of prostitutes.
What is actus reus and mens rea?
- actus reus: action that must happen
- mens rea: mental element, intent
In a murder case what is the actus reus and mens rea?
Actus reus = killing of human
Mens rea = intent to kill
In a theft case what is the actus reus and mens rea?
Actus reus = appropriation of property
Mens rea = doing this dishonestly
What is a strict liability offence?
When defendant is held responsible for their actions without mens rea
What is an example of a strict liability offence?
Drunk driving
What are rules of defence and examples?
General defences available which can lead to not guilty verdict
- self-defence
- duress
- insanity