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Chapter

This chapter explains the offence of strict liability. An offence of strict liability means an offence which requires no blameworthiness on the part of D (i.e., no mens rea or even negligence) in respect of at least one element of the actus reus. Strict liability offences are not necessarily devoid of any mens rea or negligence requirement. The discussions cover the development of strict liability; how the courts decide on strict liability; and whether the imposition of strict liability is justified.

Chapter

This chapter discusses the law for the perpetrator(s) of a crime and secondary participants. A person who performs the actus reus of a crime is known as the perpetrator or the principal of that crime. Perpetrators of crimes often have accomplices who assist or encourage them in the commission of the crime and who are known as accessories to the crime or secondary parties to it. Such accomplices are ‘liable to be tried...and punished as a principal offender’ for the offence assisted or encouraged.

Chapter

This chapter explains the two main sources of criminal law in the UK: legislation, that is, Acts of Parliament (or statutes), and case law. It discusses the process by which Acts of Parliament come into existence; European Union legislation and the European Convention on Human Rights; criminal courts in which cases are heard and the systems of law reporting; how to find legislation and case law using various online resources; and how to find the criminal law of overseas jurisdictions.

Chapter

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This introductory chapter sets out the book's purpose, which is to introduce students to the broad study of criminology. The study begins at the end of the nineteenth century and considers theories that have gained credence over the past century or so. It then discusses two important aspects to many theories and the policies used by States in addressing crime, over the period studied. First, are offenders acting entirely out of choice or free will, and can thus be blamed and called to account for their actions? Second, are offenders less volitional in that their choices are limited through structural or social factors which tend to exclude or marginalise some groups or individuals? An overview of the subsequent chapters is also presented.

Chapter

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

This chapter explains inchoate offences. Inchoate offences comprise attempt, conspiracy, and encouraging or assisting crime. A person cannot be guilty of attempt, etc. in the abstract. The offence is attempting to commit a particular crime, e.g., theft or murder, or conspiring to commit a crime or inciting a crime.

Chapter

This chapter explains the concept of actus reus, a Latin phrase that literally means ‘the guilty act’, but which is more aptly translated as ‘the forbidden conduct’. In general, the law is not concerned with evil thoughts and intentions unless and until they manifest themselves in conduct. The physical conduct which is prohibited by the crime is what we call its actus reus. The discussions cover elements of actus reus, consequences, circumstances, conduct, causation, and coincidence of actus reus and mens rea.

Chapter

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

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

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

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

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

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 and their effectiveness in controlling the use of this power, and also looks at what reasons for arrest are lawful. The chapter shows that arrest is used for many purposes, some more legitimate than others.

Chapter

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 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

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

International criminal law (ICL) is a body of international rules designed both to proscribe certain categories of conduct (war crimes, crimes against humanity, genocide, torture, aggression, international terrorism) and to make those persons who engage in such conduct criminally liable. These rules consequently either authorize states, or impose upon them the obligation to prosecute and punish such criminal conducts. This chapter discusses the main features of ICL; the sources of ICL; and the notion of international crimes.

Chapter

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

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

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

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

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.