This chapter discusses the admissibility of evidence of character. A number of factors govern the admissibility of character evidence, including whether the proceedings are civil or criminal and whether the evidence relates to the character of a party or non-party. It is also necessary to consider the nature of the character evidence in question. It may relate to either good or bad character and, in either event, may constitute evidence of a person’s actual disposition, that is, his propensity to act, think, or feel in a given way; or evidence of his reputation, that is, his reputed disposition or propensity to act, think, or feel in a given way. Thus, the character of a person may be proved by evidence of general disposition, by evidence of specific examples of his conduct on other occasions (including, in the case of bad conduct, evidence of his previous convictions), or by evidence of his reputation among those to whom he is known. The chapter considers civil cases in which bad character designated ‘similar fact evidence’ has been admitted.
Chapter
17. Evidence of character: evidence of character in civil cases
Chapter
17. Evidence of character: evidence of character in civil cases
This chapter discusses the admissibility of evidence of character. A number of factors govern the admissibility of character evidence, including whether the proceedings are civil or criminal and whether the evidence relates to the character of a party or non-party. It is also necessary to consider the nature of the character evidence in question. It may relate to either good or bad character and, in either event, may constitute evidence of a person’s actual disposition, that is his propensity to act, think, or feel in a given way; or evidence of his reputation, that is his reputed disposition or propensity to act, think, or feel in a given way. Thus, the character of a person may be proved by evidence of general disposition, by evidence of specific examples of his conduct on other occasions (including, in the case of bad conduct, evidence of his previous convictions), or by evidence of his reputation among those to whom he is known. The chapter considers civil cases in which bad character designated ‘similar fact evidence’ has been admitted.
Book
Jeremy Horder
Principles of Criminal Law takes a distinctly different approach to the study of criminal law, while still covering all of the vital topics found on criminal law courses. Uniquely theoretical, it seeks to elucidate the underlying principles and foundations of the criminal law, and aims to engage readers by analysing the law contextually. This tenth edition looks at issues such as the law’s history and criminal law values, alongside criminal conduct, actus reus, causation, and permissions; criminal capacity, mens rea, and fault, excusatory defences; homicide; non-fatal violations; property crimes; financial crimes; complicity; and inchoate offences. A special aim of the book is to bring an understanding of business activity—in particular small business activity—closer to the centre of the stage, in a discussion of the values protected by the criminal law and of the way in which the law shapes its principles, rules, and standards. A large proportion of criminal offences are drafted with the conduct of businesses, as well as individuals, in mind.
Chapter
1. Introduction
Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This introductory chapter provides an overview of tort law. It discusses the development of the law of tort in England; how the increase in tort liability is matched by a decline in the potency of contract; the differences between statutes and judge-made law; when conduct is tortious; the forum for a claim in tort; the three focal points of torts: conduct, harm, and causation; where torts happen; and the need to restrict the number of persons who can complain of any particular conduct.
Chapter
2. Actus reus
This chapter provides an overview of actus reus, which refers to the ‘external elements’ of an offence. These external elements do not simply relate to D’s conduct. Rather, as we will see, the actus reus of an offence includes any offence elements outside of the fault element (‘mens rea’) of the offence. Before discussing the elements that form the actus reus, this chapter considers the distinction between actus reus and mens rea. It then describes the three elements of actus reus: conduct, circumstances, and results. It also explains the categories of actus reus offences, omissions liability, and causation before concluding with sections that outline potential options for legal reform and a structure for analysing the actus reus of an offence when applying the law in a problem-type question. Relevant cases are highlighted throughout the chapter, with a brief summary of the main facts and judgment.
Chapter
3. Mens rea
This chapter provides an overview of mens rea, loosely translated as ‘guilty mind’. Whereas the concept of actus reus focusses on the external elements of an offence, mens rea focusses on state of mind or fault. The mens rea of the offence describes the fault element with which D acted: D intended, believed, foresaw as a risk of the proscribed element; and so on. The chapter first considers how offences differ in the role mens rea plays. For some offences a mens rea element may be required in relation to each actus reus element; for other offences there are actus reus elements that do not have a corresponding mens rea and vice versa. The chapter moves on to discuss the legal meaning of central mens rea terms such as ‘intention’, ‘negligence’, ‘dishonesty’, and ‘recklessness’. Finally, it outlines reform debates, and a structure for analysing the mens rea of an offence when applying the law in a problem-type question. Relevant cases are highlighted throughout the chapter.
Chapter
4. Interaction of actus reus and mens rea
This chapter focuses on the interaction between actus reus and mens rea in proving criminal liability. It first considers how actus reus and mens rea relate to one another within the structure of an offence before discussing the issues that also emerge when applying offence requirements to a set of facts. As an example, it explains how every element (conduct, circumstance, and result) of an offence includes an actus reus requirement and a potential corresponding mens rea requirement. It also examines the correspondence principle and the doctrine of transferred malice, along with the coincidence principle. Finally, it outlines potential options for legal reform and a structure for analysing the actus reus and mens rea of an offence when applying the law in problem-type questions. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.
Chapter
5. Murder
This chapter focuses on the offence of murder within the context of criminal law, with particular emphasis on its problematic and controversial nature. It first considers the definition of murder in terms of actus reus and mens rea. It then discusses the defences to murder, including general defences, specific complete defences, and partial defences (eg loss of self-control, diminished responsibility, and suicide pact). It also outlines potential options for legal reform concerning the mandatory life sentence and the mens rea of murder, and concludes by presenting a structure for applying the actus reus and mens rea for murder to problem facts. Relevant cases are highlighted throughout the chapter, and there are also boxes that highlight common pitfalls to avoid and other areas of confusion for those new to the law.
Chapter
2. Actus reus
David Ormerod and John Child
This chapter provides an overview of actus reus, which refers to the ‘external elements’ of an offence. These external elements do not simply relate to D’s conduct. Rather, as we will see, the actus reus of an offence includes any offence elements outside the fault element (‘mens rea’) of the offence. Before discussing the elements that form the actus reus, this chapter considers the distinction between actus reus and mens rea. It then describes the three elements of actus reus: conduct, circumstances, and results. It also explains the categories of actus reus offences, omissions liability, and causation before concluding with sections that outline potential options for legal reform and a structure for analysing the actus reus of an offence when applying the law in a problem-type question. Relevant cases are highlighted throughout the chapter, with a brief summary of the main facts and judgments.
Chapter
3. Mens rea
David Ormerod and John Child
This chapter provides an overview of mens rea, loosely translated as ‘guilty mind’. Whereas the concept of actus reus focuses on the external elements of an offence, mens rea focuses on state of mind or fault. The mens rea of the offence describes the fault element with which D acted: D intended, believed, foresaw as a risk the proscribed element(s), and so on. The chapter first considers how offences differ in the role mens rea plays. For some offences, a mens rea element may be required in relation to each actus reus element; for other offences there are actus reus elements that do not have a corresponding mens rea and vice versa. The chapter moves on to discuss the legal meaning of central mens rea terms such as ‘intention’, ‘negligence’, ‘dishonesty’, and ‘recklessness’. Finally, it outlines reform debates, and a structure for analysing the mens rea of an offence when applying the law in a problem-type question. Relevant cases are highlighted throughout the chapter.
Chapter
4. Interaction of actus reus and mens rea
David Ormerod and John Child
This chapter focuses on the interaction between actus reus and mens rea in proving criminal liability. It first considers how actus reus and mens rea relate to one another within the structure of an offence before discussing the issues that also emerge when applying offence requirements to a set of facts. As an example, it explains how every element (conduct, circumstance, and result) of an offence includes an actus reus requirement and a potential corresponding mens rea requirement. It also examines the correspondence principle and the doctrine of transferred malice, along with the coincidence principle. Finally, it outlines potential options for legal reform and a structure for analysing the actus reus and mens rea of an offence when applying the law in problem-type questions. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.
Chapter
5. Murder
David Ormerod and John Child
This chapter focuses on the offence of murder within the context of criminal law, with particular emphasis on its problematic and controversial nature. It first considers the definition of murder in terms of actus reus and mens rea. It then discusses the defences to murder, including general defences, specific complete defences, and partial defences (e.g. loss of self-control, diminished responsibility, and suicide pact). It also outlines potential options for legal reform concerning the mandatory life sentence and the mens rea of murder, and concludes by presenting a structure for applying the actus reus and mens rea for murder to problem facts. Relevant cases are highlighted throughout the chapter, and there are also boxes that highlight common pitfalls to avoid and other areas of confusion for those new to the law.
