Rules and Theory of Criminal Law

These revision notes focus on the topic of Criminal Law: Rules and Theory. These notes provide clear, concise, and comprehensive coverage of the essential aspects of criminal law.

Definition of Crime

Crime is generally defined as an act or omission that is prohibited by law and punishable by the state. In legal terms, a crime is any conduct that breaches criminal statutes or common law and attracts criminal sanctions. Examples include theft, assault, and murder. The definition can vary depending on the jurisdiction and the nature of the offence, but the central feature is that crimes are considered offences against society as a whole.

Sources of Criminal Law

• Statute Law: Most criminal offences are defined by Acts of Parliament, such as the Theft Act 1968 and the Offences Against the Person Act 1861.
• Common Law: Some crimes, like murder, are defined by judicial decisions and precedents rather than statute.
• Case Law: The interpretation and application of statutes and common law principles are shaped by decisions made in higher courts, which create binding precedents for future cases.

Elements of Criminal Liability

• Actus Reus: The physical element of a crime; an act, omission, or state of affairs prohibited by law. Example: The act of taking property in theft.
• Mens Rea: The mental element or guilty mind; the intention or recklessness required for a particular offence. Example: Intending to permanently deprive someone of their property.
• Causation: There must be a causal link between the defendant’s conduct and the prohibited consequence. Both factual causation (“but for” test) and legal causation (“operating and substantial cause”) must be established.

Roles in a Criminal Case

• Prosecution: The state or Crown prosecutes the accused, presenting evidence to prove the defendant’s guilt beyond reasonable doubt. The prosecution must act fairly and disclose all relevant evidence.
• Defence: The defendant is represented by legal counsel who challenges the prosecution’s case, raises defences, and ensures the accused’s rights are protected throughout the proceedings.

Burden and Standard of Proof

• Burden of Proof: In criminal cases, the prosecution bears the burden of proving the defendant’s guilt. This is known as the legal burden. The evidential burden may shift during proceedings, especially when the defence raises specific issues (e.g., insanity).
• Standard of Proof: The prosecution must prove its case “beyond reasonable doubt.” This is a high standard, reflecting the seriousness of criminal penalties.
• Reverse Onus: In certain circumstances, the burden of proof shifts to the defendant, such as where a statutory defence is raised. For example, if a defendant claims self-defence, they may need to provide evidence to support this claim, although the prosecution retains the ultimate burden to disprove it.

Aims and Purposes of Criminal Law

• Deterrence: Criminal law aims to discourage individuals from committing offences by the threat of punishment.
• Retribution: Offenders are punished because they deserve it, reflecting society’s condemnation of the conduct.
• Rehabilitation: The law seeks to reform offenders so they can return to society as law-abiding citizens.
• Protection: Criminal law protects individuals and the public by removing dangerous offenders from society.

Principles of Criminal Law

• Fairness: Legal processes must be fair and impartial, ensuring both parties have the opportunity to present their case.
• Justice: The law must be applied consistently, upholding the rights of both victims and defendants.
• Proportionality: Punishments must be proportionate to the seriousness of the offence and the circumstances of the offender.

Overview of Theories of Criminal Law

• Retributive Theory: Punishment is justified as a moral response to wrongdoing; offenders deserve to be punished according to the severity of their offence.
• Utilitarian Theory: Punishment is justified by its utility in preventing future crime, through deterrence, incapacitation, or rehabilitation.
• Restorative Theory: Focuses on repairing the harm caused by crime, encouraging reconciliation between offenders, victims, and the community.

Summary

Understanding the rules and theories underpinning criminal law is crucial for success in the A-Level Law exam. Make sure you can define key terms, explain the sources and elements of criminal liability, describe the roles of prosecution and defence, and discuss the burden and standard of proof. Be prepared to analyse the aims, purposes, and principles of criminal law, and consider different theoretical perspectives.

• Use case examples to illustrate your points in essays and problem questions.
• Refer to statutory provisions and leading cases where possible.
• Practise explaining concepts in clear, concise language.
• Revise regularly and test yourself on definitions and principles.