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Criminal Law Summary
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A summary of the whole first year course of Criminal Law.
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CRIMINAL LAWWEEK 1 INTRODUCTION TO COMPARATIVE CRIMINAL LAW AND
JUSTICE
Sources: Crimes are often defined within the governing legislation (janet loveless,
criminal law 6th ed, p 22)
Codes
Statutes
Other regulations (made under authority of law)
Definition of a crime: (janet loveless, criminal law 6th ed, p 2)
An action or omission that constitutes an offence that may be prosecuted by the
State and is punishable by law.
An illegal activity or serious wrongdoing.
An action or an instance of negligence that is
deemed injurious to the public welfare or morals or
to the interests of the state and that is legally prohibited.
Definition of Criminal law:
Criminal Law involves prosecution of a person for an act that has been classified
as a crime or offence.
Criminal Law (Criminal Justice) - Criminal law is the body of law (statutes/
regulations/rules) that relates to crime. It includes the punishment regime for
people who violate criminal laws.
It is a component of the Rule of Law.
Fundamental principles: (janet loveless, criminal law 6th ed, p 12)
Rule of Law: everyone is subject to the law
The Rule of Law (and criminal justice) stems from a “Social Contract” –
Human beings lose certain rights in order to benefit from the protection of
the State.
, Criminal law is a body of rules, which are designed to control human
behaviours, which might threaten, harm, or endanger the property, health,
safety or moral welfare of others in society.
Principle of Legality
Legal ideal that requires all law to be clear and non-retrospective.
It requires decision makers to resolve disputes by applying legal rules that
have been declared beforehand and not to alter the legal situation
retroactively.
In criminal law it can be seen in the general prohibition on the imposition
of criminal sanctions for acts or omissions that were not criminal at the
time of their commission or omission.
The principle of legality is often expressed in the following latin phrases:
nullum crimen sine lege (no crime without law) and
nulla poena sine lege (no penalty without law)
Role of Punishment – Principles of Sentencing:
Purposes of criminal sanctions:
Retribution: The offender should “pay back” society for the harm
caused.
Incapacitation: The person should be denied the opportunity to commit
further crimes.
Rehabilitation: The offender should be transformed into a law- abiding
person through programs of medical, psychological, economic, or
educational improvement
Deterrence: The offender, through various devices, such as certainty of
punishment or length or severity of punishment, should come to the
conclusion that the crime is not worth the risk of the resulting punishment.
Restoration: The community, victim, and offender are involved in the
sentencing process with the aim to restore the victim and the community
backs to its previous state. (all shall work together)
, WEEK 2 BASIC FAIR TRIAL PRINCIPLES (janet loveless, criminal law 6th ed, p
18, p 20)
Fair trial principles: Art. 14 of ICCPR & Art. 6 ECHR
The right to a fair trial entails the granting of various procedural requirements,
guaranteeing due process of a criminal justice system. These rights aim to protect
individuals from unlawful and arbitrary deprivation of other basic rights and
freedoms, the most prominent of which is the right to liberty of the person.
Be presumed innocent until proven guilty (presumption of innocence)
The burden of proof being on the prosecution
Remain silent [self-incrimination]
Be defended by a lawyer (right to counsel), paid by state if it is necessary
To bail (provisional release pending trial)
Be informed of charges
Be tried without undue delay (“speedy trial” in USA)
Challenge evidence (at trial) & exclude unlawfully obtained evidence
To be tried (in public) by impartial court or jury (depending on
jurisdiction)
Fair punishment (“cruel and unusual” punishments prohibited in USA)
Right to appeal conviction and sentence (remedies)
The prohibition of ne bis in idem (“double jeopardy” in USA)
Pleas:
Not Guilty
Guilty
Nolo contendere (no contest)
Say nothing
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