CRIM2000 Lecture Notes - Lecture 1: Young Offenders Act, Mens Rea, Partial Defence
Document Summary
Nature of criminal law + classic model. The nature of criminal law and criminal responsibility: There are two thought pools about what is a crime? : that criminal law is not necessarily linked to central morals of society (positivists view) therefore a crime is a crime because the law makers say it is. In an neutral and uncontroversial tone, the criminal law just sets standards of behaviour, and backs these standards with threat of state force. Or: criminal law is necessarily linked to the deep-underlying morals or views of the community especially with regards to more serious crimes. The criminal aw maintains its legitimacy by reflecting broadly-agreed community views of what is right and wrong. This element of morality may serve as the limit to state power. Things that are not immoral by community standards should not be proscribed by criminal law. Criminalisation and the limits of criminal law with supporting notes from bestiality essay:
