Optimize Criminal Law

John Hendy, Odette Hutchinson

• Publisher: Routledge
• Year: 2015
• ISBN:
  9781317908500
• Edition: 1
• Topic: Law
• Subtopic: Law Theory & Practice
• Index: Law

The Optimize series is designed to show you how to apply your knowledge in assessment. These concise revision guides cover the most commonly taught topics, and provide you with the tools to:

Understand the law and remember the details

· using diagrams and tables throughout to demonstrate how the law fits together

Contextualise your knowledge

· identifying and explaining how to apply legal principles for important cases

· providing revision advise to help you aim higher in essays and exams

Avoid common misunderstandings and errors

· identifying common pitfalls students encounter in class and in assessment

Reflect critically on the law

· identifying contentious areas that are up for debate and on which you will need to form an opinion

Apply what you have learned in assessment

· presenting learning objectives that reflect typical assessment criteria

· providing sample essay and exam questions, supported by end-of-chapter feedback

The series is also supported by comprehensive online resources that allow you to track

your progress during the run-up to exams.

www.routledge.com/cw/optimizelawrevision

1	Introduction – What is Criminal Law and What is a Crime?

Understand the law	• Do you understand the nature and purpose of the criminal law? • Do you understand the general building blocks of criminal liability?
Remember the details	• Can you remember the meaning of the terms actus reus and mens rea? • Can you remember the burden and standerd of proof in criminal proceedings?
Reflect critically on areas of debate	• Do you understand the significance of the Human Rights Act 1998 in relation to criminal proceedings?
Contextualise	• Are you able to contextualise your knowledge and identify overlap and sistinctions in relation to civillaw?
Apply your skills and knowledge	• Can you apply this knowledge to the rest of this text?

Introduction to Criminal Law

Welcome to Optimize Criminal Law! Criminal law is a dynamic and fascinating area of law, and it is a subject that the majority of students enjoy studying. It is not however, a subject without challenges. The criminal law consists of a vast range of complex, sometimes conflicting and contradictory rules. The good news is that this textbook has been designed to support you in navigating this challenging but exciting area of law. Optimize Criminal Law is result-focused; we have one primary objective and that is to use our experience and knowledge to help you achieve an outstanding result in criminal law.

In the forthcoming chapters we will help you understand the substantive criminal law and how it is applied in real and hypothetical situations. We will show you how to break down individual offences into the core elements of criminal liability. You will learn how to construct criminal liability and how to identify relevant defences. We will illustrate how to maximise your marks by adopting a strategic and structured approach to answering problem questions. We will also support you in articulating and demonstrating a critical understanding of the criminal law in essay-style questions.

Throughout this book you will find a number of features, which will assist you in developing your knowledge and understanding of the criminal law. Some of these result-orientated features include:

Aim Higher points;

Tips and suggestions on how to answer problem questions;

Suggested solutions to essay and problem questions;

Examiner insight boxes, with contributions from experienced criminal law examiners;

Read for success suggestions to enhance your critical understanding of the criminal law.

Defining criminal law

Criminal law is a branch of public law. A straightforward way of understanding criminal conduct is by viewing it as conduct which gives rise to legal proceedings through the prospect of state punishment. In short:

1. The criminal law is enforced by the state;

2. Infringements of the criminal law are punishable by the state.

Professor Andrew Ashworth defines criminal conduct in the following terms:

There are certain wrongs which are criminal in most jurisdictions, but in general there is no straightforward moral or social test of whether conduct is criminal. The most reliable test is the formal one: is the conduct prohibited, on pain of conviction and sentence?

Andrew Ashworth, Principles of Criminal Law

What functions does the criminal law perform?

The criminal law performs a number of different functions. Knowing and understanding the functions that the criminal law performs is important, in so far as it provides students with a tool by which to critically evaluate cases, legislation and policy decisions.

Functions of the criminal law:

It is worth noting that functions 5 and 6 are particularly controversial. There is disagreement as to whether the criminal law is really an effective tool by which to educate members of society (point 5). There is also disagreement as to whether the criminal law ...