CRI205H1 Chapter Notes - Chapter 2: Eye For An Eye, Precedent, Weregild
20 Jun 2020
School
Course
Professor
Document Summary
Criminal law is a living concept, constantly changing to adjust to society. Law defines the behaviours that society labels as criminal. Early legal codes: king of babylon code of hammurabi: first written criminal code (2000bce), punishment was based on lex talionis ( an eye for an eye ) or physical retaliation. Crime and custom: crimes were viewed as personal wrongs, and compensation was paid to victims. Common law: early english law that was developed by judges in incorporated anglo-saxon tribal custom, feudal rules and practices, and the everyday rules of behaviour of local villages. It became the standardised law of the land in england, and eventually formed the basis of criminal law in canada. Judge-made law, case law derived from previously decided cases. For offenders to be found guilty, they must have 1) planned the crime and 2) intentionally killed the victim out of spite or hatred: creation of new common-law can sometimes be traced back to a particular case.
