Series of lessons focusing on criminal law in the jurisdiction of England and Wales.
Theoretical approaches to crime, criminalization, and criminal theory will be covered.
Aim: To examine the nature and purpose of criminal law through various lenses (legal theorists, philosophers, criminologists).
Key Themes
Nature of Crime: Understanding what constitutes a crime.
Interpretation of Criminal Law: How crime is perceived and defined by different scholars and theorists.
Updates: Coverage of new cases and crimes up to 2023.
Initial Concepts
Definition of Crime:
Oxford English Dictionary: An unlawful act or omission.
Debate exists around the definition and implications of crime.
Key aspects:
Unlawful nature of the act.
Intervention of the state is required for prosecution.
Civil vs. Criminal Law:
Comparison of torts (civil) and crimes (criminal) using examples like assault and battery.
Statutory Definitions:
Example: Section 243 of the Trade Union and Labor Relations Consolidation Act 1992 defines crime in terms of offenses punishable by indictment or summary conviction.
Theoretical Approaches to Criminalization
Necessary and Sufficient Conditions:
Necessary: Required for something to be classified as a crime (e.g., harm).
Sufficient: Conditions that can independently classify an act as a crime (e.g., a law exists defining an act as a crime).
Philosophical Underpinnings:
Harm Principle: An act is a crime if it causes harm.
Legal Moralism: A crime may involve a breach of public morals.
Guilty Mind (Mens Rea): Intention and knowledge of wrongdoing matter in classifying crimes.
Victim Relationship:
Discussion on whether all crimes require a victim and the state’s role in relation to victims.
Paternalism:
Criminal law's purpose may involve protecting vulnerable members of society.
Structure of the Course
Theories and Principles of Criminal Law:
Overview of theoretical elements, punishment concepts, and evidence in proceedings.
What Makes a Crime:
Examination of elements of criminal liability (actus reus, mens rea, causation, etc.).
Application to Specific Offenses:
Focus on murder, manslaughter, sexual offenses, property offenses, etc.
Defenses to Criminal Liability:
Categories include capacity defenses (insanity, intoxication), compulsion defenses (duress), and mistake defenses.
Conclusion
The first lesson is theoretical with a focus on definitions and conceptual frameworks.
Future lessons will be more doctrinal and involve a deeper dive into the law.