Introduction to criminal law - aims and objectives
After reading this post you should be able to Understand the basic origins and purposes of criminal law, Understand the definitions and classifications of criminal law, Understand the basic workings of the criminal justice system ,Understand the basic concept of the elements of actus reus and mens rea in criminal law, Understand the burden and standard of proof in criminal cases, Understand how human rights law may have an effect on criminal law.
This post deals with substantive criminal law. Substantive criminal law refers to the physical and mental element (if any) that has to be proved for each criminal offence. It also includes the general principles of intention and causation, the defences avail-able and other general rules such as those on when participation in a crime makes the person criminally liable. Substantive criminal law does not include rules of procedure or evidence or sentencing theory and practice. However, these are equally important parts of the criminal justice system. This post , therefore, gives some background information on criminal law.
The purpose of the criminal law is considered, as well as how we know what is recognized as a crime, and the sources of criminal law. There are also brief sections explaining the courts in which criminal offenses are tried, and the purposes of sentencing. The penultimate section of this post explains the burden and standard of proof in criminal cases. The final section looks at the effect of human rights law on criminal law.
Introduction to criminal law
‘How are the moral judgments of society to be ascertained? It is surely not enough that they should be reached by the opinion of the majority; it would be too much to require the individual assent of every citizen. English law has evolved and regularly uses a standard which does not depend on the counting of heads. It is that of the reasonable man. He is not to be confused with the rational man. He is not to be expected to reason about any- thing and his judgment may be largely a matter of feeling for my purpose I should like to call him the man in the jury box.
Purpose of criminal law
The purpose of criminal law has never been written down by Parliament and, as the criminal law has developed over hundreds of years, it is difficult to state the aims in any precise way. However, there is general agreement that the main purposes are to:
This post deals with substantive criminal law. Substantive criminal law refers to the physical and mental element (if any) that has to be proved for each criminal offence. It also includes the general principles of intention and causation, the defences avail-able and other general rules such as those on when participation in a crime makes the person criminally liable. Substantive criminal law does not include rules of procedure or evidence or sentencing theory and practice. However, these are equally important parts of the criminal justice system. This post , therefore, gives some background information on criminal law.
The purpose of the criminal law is considered, as well as how we know what is recognized as a crime, and the sources of criminal law. There are also brief sections explaining the courts in which criminal offenses are tried, and the purposes of sentencing. The penultimate section of this post explains the burden and standard of proof in criminal cases. The final section looks at the effect of human rights law on criminal law.
Introduction to criminal law
‘How are the moral judgments of society to be ascertained? It is surely not enough that they should be reached by the opinion of the majority; it would be too much to require the individual assent of every citizen. English law has evolved and regularly uses a standard which does not depend on the counting of heads. It is that of the reasonable man. He is not to be confused with the rational man. He is not to be expected to reason about any- thing and his judgment may be largely a matter of feeling for my purpose I should like to call him the man in the jury box.
Purpose of criminal law
The purpose of criminal law has never been written down by Parliament and, as the criminal law has developed over hundreds of years, it is difficult to state the aims in any precise way. However, there is general agreement that the main purposes are to:
- protect individuals and their property from harm
- preserve order in society
- punish those who deserve punishment
However, on this last point, it should be noted that there are also other aims when a sentence is passed on an offender. These include incapacitation, deterrence, reformation and reparation. In addition to the three main aims of the criminal law listed above, there are other points which have been put forward as purposes. These include:
- Educating people about appropriate conduct and behavior.
- Enforcing moral values
The use of the law in educating people about appropriate conduct can be seen in the drink-driving laws. The conduct of those whose level of alcohol in their blood or urine was above specified limits has only been criminalised since 1967. Prior to that, it had to be shown that a driver was unfit to drive as a result of drinking. Since 1967, there has been a change in the way that the public regard drink-driving. It is now much more unacceptable, and the main reason for this change is the increased awareness, through the use of television adverts, of people about the risks to inno-cent victims when a vehicle is driven by someone over the legal limit.
This takes us to the next question of Whether the law should enforce moral values?
This takes us to the next question of Whether the law should enforce moral values?
Tags : Criminal Law