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Cover Complete Criminal Law

1. Introduction to the criminal justice system  

This chapter discusses the principles and structure of criminal law and evaluates the criminal justice system in the light of statistics and public perception and the context in which the criminal law operates. It begins with a discussion of the definition of crime and criminalisation and explains theories of criminal law, such as the harm principle, moralism, and feminism. Problem question technique and IRAC are discussed in this chapter. The burden and standard of proof in criminal proceedings and the classification of crimes and the courts are discussed. Finally, the chapter explores miscarriages of justice, punishment, and access to justice.


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

22. General defences  

This chapter focuses on defences. The following controversies are examined: whether the fact of childhood constitutes a defence; the extent to which duress can negate criminal liability; whether necessity ought to be a defence; whether recent legislative developments have rendered self-defence unduly complex; and the distinction between justifications and excuses and whether these classifications have any practical import.