Criminal law in UK - Essay Example

Comments (0) Cite this document
Summary
This research is being carried out to demonstrate features of criminal law, purpose of criminal law, criminal justice system, international criminal law. The discussion will also attempt to address the primary question framed as follows: Should criminal law be abolished?…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96.6% of users find it useful
Criminal law in UK
Read TextPreview

Extract of sample "Criminal law in UK"

Download file to see previous pages Center of discussion in this paper is criminal law, a branch of law that deals with crimes committed against the public authority. Criminal code covers the crimes punishable by criminal law while procedural law deals with the prosecution process and the recommendations for punishments and sentencing under the criminal law. Historically, the three broad categories of crimes covered by the criminal law included felonies, treason and misdemeanors. Criminal code has being extended to cover new forms of crime like organized crime, terrorism and money laundering which have been occasioned by the convergence of global economies and changes in both the global political and social structure. Several legal scholars have identified numerous salient features which distinguish criminal law from civil and commercial law. Criminal law has been identified as a worthwhile in achieving a certain level of societal morality as well as an efficient mechanism of responding to wrongful acts. Criminal law mainly is legislated around the harm principle and the public order rather than private wrongs. Several aspects of criminal law whether from the crime committed point of view or the prosecution procedure are able to distinguish criminal law from other types of law from both non-legal perspective and legal perspective. Crimes punishable under the criminal law are based on the actus resus that simply means a bad act and mens rea which simply is the bad mental state of an individual. Criminal law is irrelevant when other laws exist to punish the crime like the tort liability laws or when in the act of committing the crime there was no immoral intent like in the strict liability crimes that are punishable by other laws4. Purpose of criminal law Generally, the main purpose of criminal law is to regulate the behavior of the citizens of a particular country. Criminal law seeks to punish individuals who go against the limits and boundaries of societal morals through legal action against the offenders5. Criminal law includes statutory laws that are legislated by the federal, State or local governments and case laws also refereed as common laws and which exist from one generation to the other. Criminal law is also aimed at protecting the offender. The victims of the crime will usually desire some revenge hence they will have methods of preventing such harms to them in the future6. Usually, the law takes in to consideration their genuine concerns about the possibility of future injury to them from the same source. Historically, before many nations established organized judicial systems, the avenge of the injury or harm was left to the victim or other powerful persons who could protect the injured hence in modern economies and societies, the state has the duty to protect the offender from revenge as well as bring justice to the victim and protect the injured from any possible future harm from the same source7. Criminal law has a restoration function. In some criminal justice system, the position of the victim is usually considered during the trial hence the defendant may be required to pay fines as well as serve a period of time in prison or community service8. Every country has to have a justice system which is ideal to prohibit criminal acts which violate the public interests hence one of the purpose of the criminal law is deterrence of criminal acts through the punishments contained in the criminal code. The most effective mechanism to achieve deterrence is immediate punishment for offenders who are found guilty of criminal acts after the legal action9. Criminal law also can create general deterrence which many legal scholars have pointed out as a cost-benefit way of deterring people from creating crimes. General deterrence may require the population to be educated hence the public must be aware of what is criminal like parking in prohibited places or driving while drunk hence the principle of malum prohibito should be applied. According to malum in se, the public are deemed to ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Criminal law in UK Essay Example | Topics and Well Written Essays - 1500 words”, n.d.)
Retrieved from https://studentshare.org/law/1394447-criminal-law-in-uk
(Criminal Law in UK Essay Example | Topics and Well Written Essays - 1500 Words)
https://studentshare.org/law/1394447-criminal-law-in-uk.
“Criminal Law in UK Essay Example | Topics and Well Written Essays - 1500 Words”, n.d. https://studentshare.org/law/1394447-criminal-law-in-uk.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Criminal law in UK

Criminal Law

...of sexual infidelity of victim in defence to murder’ The Times (London, 30 January 2012) 49 Attorney General for Jersey v Holley [2005] 3 WLR 29 Clough A, ‘Loss of Self – control as a Defence: The Key to Replacing Provocation’ (2010) 74(2) JCL 118 — — ‘Sexual Infidelity: The Exclusion that never was?’ (2012) 76 JCL 382 Coroners and Justice Act 2009 Edwards SSM, ‘Anger and Fear as Justifiable Preludes for Loss of Self-Control’ (2010) 74(3) JCL 223 Gibb F, ‘Killers can use crime of passion defence, jurors told’ The Times (London, 18 January 2012) 9 Homicide Act 1957 Monaghan N, Criminal Law Directions (2nd edn, Oxford University Press 2012) Norrie A, ‘The Coroners and Justice Act 2009 – Partial Defences to...
10 Pages(2500 words)Essay

Criminal law

...? Criminal law Actus Reus is the outward conduct element of the crime. The mental element necessary for a particular crime or the blameworthy state of mind that accompanies the act or conduct is called mens rea. These two ingredients form the basic element of the crime. Thus, mens rea by itself is not enough; the actus rea also has to be established. Causation is one of the actus reus crimes. This is where a conduct by one or by the defendant is the substantial cause of the consequence or the result. Parties to offences also crop up in this question. When there are different parties to a crime, principle offenders are deemed to have contributed to committing the offence. In this case Andrew decides to kill his wife Sue in order... was the...
7 Pages(1750 words)Essay

Criminal justice/ criminal law

...and Tokyo Tribunal were both of ad hoc nature.2 It was during the Genocide Convention of the United Nations that the idea of a permanent international criminal tribunal took shape. Draft statutes were consequently prepared by the International Law Commission (ILC), but these efforts were hampered by the difficulty in coming to an accord on how to define aggression. In 1989, Trinidad and Tobago and several other Caribbean and Latin American states and NGOs petitioned for the continuation towards efforts to establish an international criminal tribunal to try drug trafficking cases. In the 1990s, events in Eastern Europe and Africa necessitated the establishment of ad hoc tribunals to try...
16 Pages(4000 words)Essay

Criminal law

...any charges in relation to the library book as she did not complete the actus reus of the offence by taking the book from the property. Similarly with the rent money, she would only be charged with theft if she was unable to repay the amount spent when the rent was due to be paid18. Bibliography Cook, K, James, M, and Lee, R, Core Statutes on Criminal Law, 2006-2007, Law Matters Publishing Elliott, C & Quinn, F, (2000), Criminal Law, 3rd Ed, Pearson Education Glanville Williams, (1983), Textbook of Criminal Law, 2nd Ed, London: Stevens & Sons Glazebrook, P R, (2001), Statutes on Criminal...
4 Pages(1000 words)Essay

Criminal Law

...?Swarna1 Word Count 2038 Order 528374 d 1st May CRIMINAL LAW Case study: Claire and Tony have been married for 15 years and they have 3 daughters aged 4, 11 and 14. Tony has always been a very domineering husband and father but over the last 3 years his desire to control everything and everybody around him has become more extreme. When Claire disagrees with him or wants to do something on her own without his permission he loses his temper and shouts and screams at her and both threatens to be and is physically violent to her. Sometimes his violence takes the form of sexual assault – which he says is just his right as a husband. Claire is terrified and feels powerless to do anything. She wants to protect...
9 Pages(2250 words)Assignment

The role of the rule of law in the criminal justice process in UK

...?The Role of the Rule of Law in the Criminal Justice Process In the UK Introduction In the British Criminal Justice System, divisions like the Crown Prosecution Sector, the police, the law courts and the prisons operate together to bring about criminal justice. In general, the three departments are mutually responsible for the Criminal Justice System (CJS) and its subdivisions. These three consist of (i) The Ministry of Justice, which is concerned with the magistrates' law courts, the Appeals Courts, the Crown Court, the National Offender Management Service, and the Legal Services Commission (ii) The Home...
7 Pages(1750 words)Essay

Criminal Law / Civil Law

...? Criminal Law: USA v. Dr. Robert W. Stokes Criminal Law: USA v. Dr. Robert W. Stokes The case against Dr. Robert stokes According to Cornell University Law School, “Criminal law involves prosecution by the government of a person for an act that has been classified as a crime” (Cornell University Law School, 2010, Para 1). In a criminal case, the government, through a prosecutor, files the case and if individuals subject to the criminal case are found guilty, they are liable for incarceration, fine payment, or both. However, in civil cases, guilty parties are liable to...
3 Pages(750 words)Essay

Criminal law in UK , problem quastion

...of diamorphine to Maud instead of Doctor Brady? In order to be able to advise on the criminal liability of the parties in the above scenario it is necessary to consider the law in relation to murder. This will involved analysing the mens rea and actus reus required for the offence to be proven. It will also be necessary to consider direct and oblique intent in order to determine the most appropriate charge in each case. For completeness, it will be necessary to consider any possible defences available to the parties, in particular in relation to the medication being taken by one of the doctors. There will also be a discussion in relation to the administration of the overdose of painkillers in a situation...
8 Pages(2000 words)Essay

Civil and Criminal law in the UK

...in civil law the case may be determined on the balance of probabilities (Sanders 2010). Examples of criminal cases related to health and safety in work place September 1998: In Gilbert v. Midland Bank, an employment tribunal upheld employee Andrew Gilberts claim of sex discrimination after his manager Kathryn Dowse, at 21 Britains youngest female bank manager, dismissed him following a sequence of typical bullying tactics. These included humiliation (making him mop the floor), and rudeness (UK National Workplace Bullying Advice Line 2012). In 1999: Stubbs v. Lincolnshire Police, former Detective Constable Deborah Stubbs was awarded £92, 000 for 16 months of vicious sexual harassment by...
6 Pages(1500 words)Essay

Criminal Justice/ Criminal Law

...Criminal Justice/ Criminal Law: Burden of Proof Criminal Justice/ Criminal Law: Burden of Proof Many are the times when peoplehave watched movies and films which dwell on criminal investigations and legal drama. In these films, the different aspects that are required for the prosecution, arraignment in court as well as sentencing of a person are brought forth. But some of the terms that are used in these films are never paid attention to and many just follow the plot. Terms such as criminal evidence, burden of proof, and innocent until proven guilty and beyond any reasonable doubt are seen as part of the...
8 Pages(2000 words)Research Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Criminal law in UK for FREE!

Contact Us