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DEFINITION OF CRIME. Definition of Crime. Take a few moments in small groups to come up with a definition of what you think crime is. Definition of Crime. Diane Roe’s definition: A crime is a wrong against the State Either by commission or omission Classified by the State as criminal
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Definition of Crime Take a few moments in small groups to come up with a definition of what you think crime is.
Definition of Crime • Diane Roe’s definition: • A crime is a wrong against the State • Either by commission or omission • Classified by the State as criminal • And one to which a punishment has been attached • Criminal Law, 3rd Edition, 2005
Definition of Crime Proprietary Articles Trade Association -v- Attorney General for Canada (1931) • Lord Atkin stated: “the criminal quality of an act cannot be discerned by intuition (made out by ‘gut feeling’); nor can it be discovered by reference to any standard but one: is the act prohibited by penal consequences?”
Definition of Crime • Give some examples of crimes. • Why does our society particularly think that these should be classed as crimes? • What happens to people who commit these types of crimes?
Criminal Law and Morals • There is a conflict between laws and morals. • Some behaviour is regarded as just morally wrong, some as just criminally wrong and others as both criminally and morally wrong. • Can you think of examples that may fall into each of these categories?
Definition of Crime • Those who commit crimes are prosecuted by the State (as opposed to civil law where actions are taken by individuals). The CPS will conduct these proceedings. • The State (i.e. Government) develops a code of behaviour for the whole of society to adhere to in order to maintain social control and standards in society.
Definition of Crime • Most criminal law is laid down by Parliament but some is found in case/ common law. • Can you remember back to last year and provide a definition of case law?
Common Law Offences • Murder is the most well known example of a common law offence. • It is not defined in any statute. • However, originally judges imposed a death penalty for murder until Parliament stepped in and passed the Murder (Abolition of the Death Penalty) Act 1965. • Parliament will step in and provide statutory guidelines when they feel it is necessary to bring the law into line with policy.
Other Common Law Offences Conspiracy to corrupt public morals • Shaw -v- DPP (1962) The defendant published a book with the names, pictures and services offered by prostitutes and was convicted of conspiracy to corrupt public morals. • There was no alternative statutory offence for the defendant to be convicted of so the judges created this themselves.
Other Common Law Offences Marital rape • R -v- R (1991) An 18th century precedent stated that a husband could not be guilty of raping his wife. In this case, the House of Lords held that the status of women in society had changed and had now achieved equality with men so therefore they should not be regarded as a form of ‘chattel’. If she did not consent to sex, the husband could therefore be found guilty of rape.
Common Law Offences • Over many years the judges have developed certain offences and may find it necessary to do so on occasion. • However in Knuller -v- DPP 1973, the House of Lords stated that they did not feel it was their remit to create offences and that it should be left to Parliament wherever possible.
Definition of Crime • In order to be found guilty of a crime, two elements must be present: • ACTUS REUS – the guilty act • MENS REA – the guilty mind This comes from the Latin phrase: actus non facit reum nisi mens sit rea – the act itself does not constitute guilt unless done with a guilty mind.
Quick Test • Who conducts prosecutions on behalf of the State? • Name two sources of criminal law. • What happened in Shaw -v- DPP 1962? • What two elements need to be present for someone to be convicted of a crime?
