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Criminal Law
Lecture 1
Concepts, Theories and
Elements of Criminal Law
Dr Paresh Kathrani
Twitter: @PKathrani
Lecture Breaks
Criminal Law
All module aims generally specify that you must be able to identify and apply
the law e.g.
LLB Criminal Law Learning Outcomes:
A detailed understanding of the knowledge base, theories and concepts that
permeate the area of Criminal Law... etc
How would you analyse this legal issue + how is the above relevant
here???
Consider HPQ:
C and D have big argument at a party one evening in front of 20 guests.
The next morning D is found dead at his home. Witnesses saw C getting
on a bus near Ds home around the time of the killing. C is charged with
murder.
Are facts clear that C killed D???
Further, C may want to explain that there was another reason that he was
in Ds area
As mentioned, state has legal burden. But can state ever prove beyond all
doubt that C actually killed D?
Theories of Crime
Theories of Crimecont
2. Theory of Utilitarianism
Jeremy Bentham human beings guided by two main forces happiness and pain
But how do we quantify happiness??? Think about how you would gauge and
argue it
3. Harm Principle
Theories of Crimecont
Harm principle thus purports to accommodate the concerns of the state while respecting individual freedom.
Liberalism - people possess free will and must be allowed to make free
choices
Theories of Crimecont
5. Legal Moralism
Lord Devlin: Primary function of the criminal law to maintain public morality
In his opinion intolerance, indignation and disgust were so vital to a society and
conduct which aroused such feelings amongst right-thinking members of society
deserved suppression by means of the criminal law
The discussion above shows us that there is no one right theory of criminal law
Theories of Crimecont
Sentencing Theory
Sentencing Theorycont
A. Retribution
What do crimes consist of?
Private and societal effect
Response
Need for order and role of the state
B. Deterrence
Crimes consist of bad conduct and result
Need for prevention
Sentencing Theorycont
Human reasoning
Types of punishment e.g. custodial, community sentences, fines
But does it always work?
C.
Incapacitation
Need for crime prevention
Remove the offender from society
Detention
D.
Rehabilitation
Why do people commit crimes?
Reform and second chance
Lecture Recap
Step 2. Look at its legal source: section 1 of the Theft Act 1968
Appropriation;
Property;
Belonging to another;
Dishonestly;
Intention to permanently deprive
Though note:
It would I think be conducive to clarity of analysis of the ingredients of a
crimeif we were to avoid bad Latin and instead to think and speak
about the conduct of the accused and his state of mind at the time of that
conduct, instead of speaking of actus reus and mens rea. (per Lord
Diplock in Miller [1983]2 AC 161, @174)
HPQ:
A forces B to appropriate property belonging to C otherwise A will
seriously harm Bs family
Conclusion: AR and MR
Source
Definition
AR
MR