Criminal Law
1.General Introduction
Criminal law is the body of the law that defines criminal offens, regulates the apprehension, charging, and trial of suspected offenders,and fixes punishment for convicted persons. Substantive criminal law defines particular crimes, and procedural law establishes rules for the procution of crime. In a democratic society, it is the function of the legislative bodies to decide what behavior will be made criminal and what penalties will be attached to violations of the law.
Capital punishment may be impod in some jurisdictions for the most rious crimes. And physical or corporal punishment may still be impod such as whipping or caning, although the punishments are prohibited in much of the world. A convict may be incarcerated in prison or jail and the length of incarceration may vary from a day to life.
Criminal law is a reflection of the society that produce it. In an Islamic theocracy, such as Iran, criminal law will reflect the religious teachings of the Koran; in an Catholic country, it will reflect the tenets of Catholicism. In addition, criminal law will change to reflect changes in society, especially attitude changes. For instance, u of marijuana was once considered a rious crime with harsh penalties, wh
消炎胶囊ereas today the penalties in most states are relatively light. As verity of the penalties
was reduced. As a society advances, its judgments about crime and punishment change.
2.Elements of a Crime
Obviously, different crimes require different behaviors, but there are common elements necessary for proving all crimes. First, the prohibited behavior designated as a crime must be clearly defined so that a reasonable person can be forewarned that engaging in that behavior is illegal. Second, the accud must be shown to have possd the requisite intent to commit the crime. Third, the state must prove causation. Finally, the state must prove beyond a reasonable doubt that the defendant committed the crime.
(1) actus reus
The first element of crime is the actus reus.Actus is an act or action and reus is a person judicially accud of a crime. Therefore, actus reus is literally the action of a person accud of a crime. A criminal statute must clearly define exactly what act is deemed “guilty”---that is, the exact behavior that is being prohibited. That is done so that all persons are put on notice that if they perform the guil交颈鸳鸯
自信女人
ty act, they will be liable for criminal punishment. Unless the actus reus is clearly defined, one might not know whether or not on e’s behavior is illegal.
Actus reus may be accomplished by an action, by threat of action,
幸福生活作文or exceptionally, by an omission to act, which is a legal duty to act. For example, the act of Cain striking Abel might suffice, or a parent’s failure to give to a young child also may provide the actus reus for a crime.
Where the actus reus is a failure to act, there must be a duty of care. A duty can ari through contract, a voluntary undertaking, a blood relation, and occasionally through one’s official position. Duty also can ari from one’s own creation of a dangerous situation.
胡小林老师(2)mens rea
A cond element of a crime is mens rea. Mens rea refers to an individual’s state of mind when a crime is committed. While actus reus is proven by physical or eyewitness evidence, mens rea is more difficult to ascertain. The jury must determine for itlf whether the accud had the necessary intent to commit the act.
A lower threshold of mens rea is satisfied when a defendant recognizes an act is dangerous but decides to commit it anyway. This is recklessness. For instance, if Cain tears a gas meter from a wall, and knows this will let flammable gas escape into a neighbor’s hou, he could be liable for poisoning. Courts often consider whether the actor did recogni the danger, or alternatively ought to have recognized a danger (though he did not) is tantamount to erasing intent as a requirement. In this way, the importance of mens rea has
been reduced in some areas of the criminal law.
Wrongfulness of intent also may vary the riousness of an offen. A killing committed with specific intent to kill or with conscious recognition that death or rious bodily harm will result, would be murder, whereas a killing affected by reckless acts lacking such a consciousness could be manslaughter.
(3)Causation夏天景色
The next element is causation. Often the phra “but for”is ud to determine whether causation has occurred. For example, we might say “Cain caud Abel”, by which we really mean “Cain caud Abel’s death. ”In other words, ‘but for Cain’s act, Abel would still be alive.” Causation, then, means “b
ut for” the actions of A, B would not have been harmed. In criminal law, causation is an element that must be proven beyond a reasonable doubt.
(4) Proof beyond a Reasonable Doubt
In view of the fact that in criminal cas we are dealing with the life and liberty of the accud person, as well as the stigma accompanying conviction, the legal system places strong limits on the power of the state to convict a person of a crime. Criminal defendants are presumed innocent. The state must overcome this presumption of innocence by proving every element of the offen charged against the defendant beyond a reasonable doubt to the
satisfaction of all the jurors. This requirement is the primary way our system minimizes the risk of convicting an innocent person.
The state must prove its ca within a framework of procedural safeguards that are designed to protect the accud. The state’s failure to prove any material element of its ca results in the accud being acquitted or found not guilty, even though he or she may actually have committed the crime charged.
3. Strict Liability
知音的诗句In modern society, some crimes require no more mens rea, and they are known as strict liability offens. For in stance, under the Road Traffic Act 1988 it is a strict liability offence to drive a vehicle with an alcohol concentration above the prescribed limit.
Strict liability can be described as criminal or civil liability notwithstanding the lack mens rea or intent by the defendant. Not all crimes require specific intent, and the threshold of culpability required may be reduced. For example, it might be sufficient to show that a defendant acted negligently, rather than intentionally or recklessly.
1. 概述
刑法是规定什么试犯罪，有关犯罪嫌疑人之逮捕、起诉及审判，及对已决犯处以何种刑罚的部门法。刑事实体法是规定犯罪的法律，刑事程序法是规定刑事起诉规则的法律。在一个民主社会中，决定何表达思乡之情的诗句
