CRIMINAL LAW

Criminal Law

Criminal Law

Introduction

The study relates to Ali and Joe, who had dispute over the ownership of a garden spade. While having dispute, Joe tried to hit Ali with spade; though Ali got lucky as Joe missed; however, the spade hit Lexi, who was the daughter of Joe and it is found that Lexi died. The incident seems to be an accident; however, it is important and essential to note that criminal liability took place against Joe as the intension of Joe was to hit Ali with spade. Keeping this in view, it is noted that criminal liability should be filled against Joe for the murder of Lexi.

Discussion

In case of Joe whose actions killed Lexi, criminal liability has almost the same ground of liability, what differ are the conditions in which they arise because one is more demanding than the other as the improvement of the requirements. In the case of criminal liability, the agent violates a rule of public law. In this case the injured interest is society; however, the liability, the interest protected is the private, leaving the injured claim compensation if deemed necessary. It is possible that the agent, to break a civil standard, also violates the criminal law making at the same time (Brooks & Frongillo, 2012, 12-20). Criminal liability also distinguishes civil liability, as this is personal, non-transferable, that is, the defendant responds with deprivation of his liberty. While liability is asset so that if the Joe did not involved in the murder of Lexi and criminal damage then the victim will remain without being compensated.

In the civil sphere, however, is a bit different and there are exceptions, which makes it less stringent than the criminal. In tort it is not the Joe, but the victim that is Lexi. Another requirement is typicality, which is one of the generic crimes; in view of this, there must be perfect adequacy of concrete fact for the criminal type. In the civil law, any action or inaction can generate criminal liability from the moment Joe is involved in the violation of law or injury to Lexi, regardless of fault.

In addition to this, the criminal liability is also treated differently between the institutes. Only those over 18 years are civilly and criminally responsible for his actions. With regard to culpability under civil it is broader. Already in criminal or conviction carries all guilt of the Joe, because it requires a degree or intensity that act performed. UK legal system has adopted the theory of objective criminal liability, called risk theory, according to which all criminal damage must be compensated regardless of fault, considering that some cases prescribed by law fall under the sort of presumed guilt (Darcy, 2007, 377-404).

In UK law, the criminal liability of legal persons, mostly works on the model of attribution of liability of legal persons, although these are differ from each other. The concept, which was selected in the UK, is also based on the attribution offense is a legal ...