LEGAL ISSUES

Legal Issues

Question 11

General Principles of Criminal Law1

Role and Purpose of Criminal Law1

Harm2

Warning2

Definition2

Seriousness2

Punishment2

Victims2

Function of Criminal law in Society3

Conclusion3

Question 23

Mens Rea with Examples3

General Intent4

Specific Intent4

Criminal Negligence and Recklessness4

Actus Reus with Examples5

Conduct5

Circumstances5

Context5

Consequences6

Relationship between Mens Rea and Actus Reus6

Conclusion6

Question 36

Nature and Concept of Defence6

Issues of Capacity7

Relevant Case Law7

Question 48

Modes of Participation in Crime8

Principal8

Joint Principals8

Innocent Agent8

Accomplice9

Abetting and Aiding Offenders9

Assisting and Concealing Offences9

Question 4 (a)9

Question 4 (b)10

Question 4 (c)10

References11

Legal Issues

Question 1

General Principles of Criminal Law

Criminal law can be studied and analyzed at different levels of generalization. The most detailed level is the lowest level that defines specific rules regarding individual crimes such as larceny, murder, robbery, burglary and manslaughter. The higher level of abstraction refers to the doctrines of criminal law which can include the recognizable doctrines in the criminal law including attempts, excuse, necessity, duress and insanity. As compared to rules, these Doctrines are broader and can override the application of rules. The example is that a person who acts under duress or is insane can be excused from the criminal liability despite of his conduct satisfying the rules that define arson, burglary or some other crime. The highest level of criminal law is the general principles that combine the theoretical framework with explain the things that are common to crime and are the ultimate norms of penal law (Jones & Barlett, n.d., p. 23).

Role and Purpose of Criminal Law

The criminal law has been established to protect the interest of society and its main purpose is to maintain social stability and order. it establishes a system of penalties and prohibitions and the correcting measures for dealing with conduct that inexcusably and unjustifiably threatens to harms the interests of public or individuals that require state protection. The basis purposes of criminal law are as:

Harm

It prohibits the conduct which inexcusably and unjustifiably threatens to harm the individuals and the society.

Warning

It is responsible for warning the people of conduct which are subject to severity of punishment and criminal punishment.

Definition

It defines the intent and act which is required for an offense.

Seriousness

It also distinguishes the minor offenses from the serious offenses so that appropriate punishments can e assigned.

Punishment

It imposes punishments which satisfy the demands for rehabilitation, deterrence and revenge of crimes in future.

Victims

In insures that the interests of victim, his family and the community are represented at the time of trial and in imposing the punishments (Lippman, 2006, p. 05).

Function of Criminal law in Society

The criminal law has been designed to achieve social control. It is responsible for regulating the activities and conduct in the society. Its conviction includes a censure because it focuses on punishing those that violate it. It has attempted to reflect the basic social values that express the way we live and has used the mode of punishment as method to reinforce these values along with ensuring compliance. Through this way, it aims to protect the individuals and the society. The criminal law needs to identify the conducts that should be included in its domain. After deciding the values that need to be protected, it should ...