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Chapter

Cover Ashworth's Principles of Criminal Law

13. Inchoate Offences  

This chapter begins by explaining the concept of an inchoate or ‘incomplete’ offence. Such an offence may occur when D does all that he or she can do to commit the crime (such as shooting at the victim), but simply fails to bring about the outcome. Alternatively, such an offence may occur when D is still at the stage of preparation for committing the offence, but has come so close to committing it that it would be right to call the acts in question an ‘attempt’ in themselves. The chapter then discusses the justifications for penalizing attempts at crimes, the elements of criminal attempt, the justifications for an offence of conspiracy, the elements of criminal conspiracy, encouraging or assisting crime, voluntary renunciation of criminal purpose, the relationship between substantive and inchoate crimes, and the place of inchoate liability.

Chapter

Cover Smith, Hogan, & Ormerod's Text, Cases, & Materials on Criminal Law

7. Murder  

This chapter examines the law on murder. It considers when does life begin and end for the purposes of the law of murder; should an intention to cause really serious harm suffice as the mens rea for murder; and how might this area of the law be reformed so as to reflect generally recognized principles of the criminal law?

Chapter

Cover Criminal Law Concentrate

2. Actus reus  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter reviews the actus reus elements of criminal offence. The actus reus consists of prohibited conduct (acts or omissions), prohibited circumstances, and/or prohibited consequences (results). A person can be criminally liable for omissions at common law, but imposing this liability can be controversial. Causation is a key part of consequence/result crimes. The prosecution must prove that the result was caused by the defendant. In order to do this, the chain of causation must first be established, and then consideration must be given to any intervention which might break the chain.

Chapter

Cover The Criminal Process

1. Introduction to the English criminal process  

This chapter starts by presenting a brief sketch of the key stages and decisions of the criminal process which forms part of the English criminal justice system. The significance of those stages and decisions is discussed before they are then classified according to their nature and consequence. This is followed in the next section by differentiating between the criminal process and the system before moving on to orient the reader by outlining significant reforms that have shaped the criminal process in the past decades. There is a final concluding section.

Chapter

Cover Cassese's International Criminal Law

15. The repression of international crimes in domestic jurisdictions  

Antonio Cassese, Paola Gaeta, Laurel Baig, Mary Fan, Christopher Gosnell, and Alex Whiting

This chapter discusses the relation between international law and criminal jurisdiction by states and examines the main heads of jurisdiction applied by states. It then analyzes the content of the relevant international rules dealing with domestic criminal jurisdiction for the repression of international crimes.

Chapter

Cover Cassese's International Criminal Law

9. Perpetration: in particular joint and indirect perpetration  

Antonio Cassese, Paola Gaeta, Laurel Baig, Mary Fan, Christopher Gosnell, and Alex Whiting

This chapter discusses the two major theories that are currently in use in international criminal law to address group criminality: joint criminal enterprise; and co-perpetration by control over the crime. Under these theories, each participant will be treated as a principal, provided that he played a sufficiently important role in the commission of the crime. Gradations of culpability may be taken into account at the sentencing stage. In addition, although joint criminal enterprise focuses on shared intention and co-perpetration focuses on shared action, the application of either theory will yield the same result in most cases. Indirect perpetration is then analyzed.

Chapter

Cover Sanders & Young's Criminal Justice

8. Summary justice in the magistrates’ court  

This chapter focuses on the magistrates’ courts. It discusses the importance of the magistracy and the work that they do; the involvement (and funding) of lawyers in summary justice; major pre-trial decisions such as bail and whether a case can be dealt with in the magistrates’ court or is so serious that it needs to be sent to the Crown court (mode of trial/allocation); how magistrates and their legal advisors measure up to the crime control/due process models of criminal justice; and the future of summary justice (including the impact of managerialist and ‘victim rights’ reforms and trends that encourage dealing with much lower court business away from the courtroom itself).

Chapter

Cover The Oxford Textbook on Criminology

3. What is ‘justice’?  

This chapter examines justice in an absolute sense, and also justice in the context of the criminal justice system. The criminal justice system is the set of rules and practices under which government institutions and agencies act in order to prevent or control crime, to deal with those who break the law, and to support victims. ‘Justice’ in the context of ‘criminal justice’ refers to the extent to which the system aims to prevent or reduce offending; ensures that those who are accused, convicted, and sentenced are treated fairly (justly); and works to support victims and communities. Justice should be guaranteed by the law, especially the criminal law, in any state and should be clearly present in all decisions about crime and social issues made by those working for the state. As such, justice is core to almost every aspect of the criminal justice system. The chapter also considers broad definitions of justice; frameworks called criminal justice models on which understandings of justice in the criminal justice system can be anchored; philosophical ideas about the concept of justice; and the main systems used to bring about criminal justice.

Chapter

Cover International Criminal Law

5. Investigations, prosecutions, evidence, and procedure  

This chapter deals with international criminal procedure, focusing on the International Criminal Court (ICC). It first introduces international criminal procedure and the various parties involved in the process (judges, prosecutors, suspects or accused persons, and witnesses and victims). It then examines the pre-trial phase of proceedings, including criminal investigation, the decision to prosecute, and the role of the document specifying the charges (called an ‘indictment’ by some courts and national systems). Next, the chapter provides an overview of the trial phase and examines the role of guilty pleas, evidence (and its pre-trial disclosure), and the conduct of trial proceedings.

Chapter

Cover Criminal Law

13. The Criminal Liability of Corporations  

This chapter begins with a discussion of the law on corporate criminality, covering the difficulty in convicting companies of crimes; corporate killing; and vicarious liability. The Corporate Manslaughter and Corporate Homicide Act 2007 created a new offence of corporate manslaughter. This can be committed where the way in which a company’s activities are managed or organized amounts to a gross negligence and causes someone’s death. In a limited number of crimes, a company can be guilty in respect of the acts of one of its employees under the doctrine of vicarious liability. The second part of the chapter focuses on theoretical issues in corporate liability, covering the reality of corporate crime; the clamour for corporate liability; whether a company should be guilty of a crime; and what form corporate crime should take.

Chapter

Cover Ashworth's Principles of Criminal Law

1. Criminal Law Process  

This chapter discusses the process of criminal law. The focus is on the importance of the exercise of official discretion, on the criminal law in action, and on the role of bureaucracy in criminal law. There is also an outline of sentencing powers. Patterns of decision-making by criminal justice officials are one of four key pillars of criminal law and justice, along with criminal law principles, rules, and standards. We will see how these patterns are structured by crime-management and bureaucratic–administrative techniques designed to reduce the number of contested trials and issues, and hence take pressure off the criminal justice system as a whole.

Book

Cover Criminal Justice

Edited by Anthea Hucklesby and Azrini Wahidin

Criminal Justice provides a thought-provoking and critical introduction to the challenges faced by the UK's criminal justice system, including policing, sentencing, and punishment at the beginning of the twenty-first century. Expert contributors, including criminologists and lawyers, provide students with a critical introduction to issues, institutions, and agencies that shape the operation of the criminal justice system. The book provides students from a range of disciplines including criminology, law, sociology, psychology, and social policy with knowledge and understanding of the key areas of the subject and an appreciation of contemporary debates, policies, and perspectives. Each chapter features questions, summaries, tables, diagrams, annotated further reading, and weblinks to ensure the book is as accessible and engaging as possible, and provides clear guidance on further study. An illuminating glossary of key terms is also included. In this second edition: all chapters have been completely revised and updated; a new chapter has been included on the policy landscape of criminal justice; additional material has been incorporated into two chapters on the police and policing; and a new chapter on the criminal courts has been included, as have additional chapters on innovative aspects of criminal justice, and science and psychology in criminal justice. This title is accompanied by an Online Resource Centre containing an online version of the glossary of key terms and annotated web links.

Chapter

Cover Smith, Hogan, & Ormerod's Text, Cases, & Materials on Criminal Law

13. Robbery  

This chapter examines the offence of robbery. It is a very serious statutory offence that is, in essence, an aggravated form of theft. The chapter considers the circumstances in which it would be more appropriate to charge someone with theft rather than robbery. The chapter also examines the difficulties in defining the word ‘force’, which is key to establishing liability for robbery.

Chapter

Cover Smith, Hogan, & Ormerod's Text, Cases, & Materials on Criminal Law

14. Burglary and related offences  

This chapter examines the offence of burglary in addition to a number of related offences. It is a statutory offence that turns on the defendant having been a trespasser at the time he entered the building in question. The chapter examines how this term has been interpreted by the courts and also examines some other key issues that have arisen over the years, such as the definition of ‘building’. The chapter also examines a number of related offences.

Chapter

Cover Smith, Hogan, & Ormerod's Text, Cases, & Materials on Criminal Law

18. Secondary liability  

This chapter considers the liability of someone who aids, abets, counsels or procures someone else to commit a criminal offence. The chapter examines the actus reus and the mens rea that must be present before someone will be guilty as a secondary party. The chapter examines the now discredited doctrine of joint enterprise and considers the implications of the Supreme Court’s judgment in Jogee. The chapter evaluates the merits of the Supreme Court’s judgment and also considers past efforts at statutory reform of secondary liability.

Chapter

Cover Smith, Hogan, & Ormerod's Text, Cases, & Materials on Criminal Law

19. Attempt  

This chapter examines the law of attempts. It considers the precise mens rea for attempt: whether in addition to intending any result required for the crime, D must also intend the circumstances of the substantive offence in order to be guilty of attempting it; how far D’s acts must go in committing the substantive offence before he will be guilty of an attempt; whether the law criminalizes D who attempts to commit an offence even though on the facts it would have been impossible for him to commit the substantive offence; and reasons as to why it is appropriate to criminalize attempts to commit crimes.

Chapter

Cover Smith, Hogan, & Ormerod's Text, Cases, & Materials on Criminal Law

2. The elements of a crime  

This chapter focuses on the meaning of actus reus and mens rea. It explains the constituents of an actus reus; the requirement of an act; the coincidence of actus reus and mens rea; and criminal liability without an act.

Chapter

Cover Smith, Hogan, & Ormerod's Text, Cases, & Materials on Criminal Law

4. Omissions  

This chapter considers the question of whether, and if so, how, the criminal law should impose liability for omissions. It discusses the courts’ approach to the imposition of liability for omissions and presents cases to demonstrate the difficulty of distinguishing between acts and omissions. It also addresses the link between omissions and causation.

Chapter

Cover Sanders & Young's Criminal Justice

3. Arrest  

Alpa Parmar

This chapter examines how far the police are, and should be, allowed to infringe the freedom of the individual through arrest. It considers the legal rules that the police must follow when deciding to, and during, arrest, as well as their effectiveness in controlling the use of this power. This chapter considers the purpose of arrest and what reasons for arrest are lawful. The use of arrest in the context of suspected terrorism is explored, and ‘citizen arrest’ is also evaluated. Discussion about how the police use their discretion when exercising the power of arrest is situated in our understanding of police ‘working rules’. The chapter shows that arrest is used for many purposes, some more legitimate than others.

Chapter

Cover Criminology

15. Gender and Crime  

Azrini Wahidin

This chapter explores the links between gender and crime, charts the emergence of feminist perspectives within criminology, examines the different kinds of crimes in which men and women are involved, and considers the complex and changing relationship between masculinity(ies), femininity(ies), and crime. It deconstructs how these relations have been typically understood in criminological theory, and looks at the different ways in which men and women are dealt with by the criminal justice system.