5. Criminal conduct: actus reus, causation, and permissions

2019 ◽  
pp. 98-155
Author(s):  
Jeremy Horder
Keyword(s):  
Criminal Law ◽  
Actus Reus ◽  
Rules And Principles ◽  
General Part ◽  
The Law ◽  
State Of Affairs ◽  
Mere Possession ◽  
Criminal Conduct ◽  
Act Requirement

This chapter focuses on the ‘general part’ of the criminal law—the rules and principles of the criminal law whose importance and application can be analysed and debated without necessarily referring to a specific crime. It first examines the limits of the notion of involuntary conduct. It then looks at various challenges to the ‘voluntary act’ requirement—where is the act if the law criminalizes the occurrence of a state of affairs, or mere possession? Next, it considers how the voluntary act requirement relates to crimes of omission. This is followed by discussions of causation and the circumstances in which conduct may be recognized as justifiable.

2. Actus reus

2021 ◽  
pp. 34-78
Author(s):  
Michael J. Allen ◽  
Ian Edwards
Keyword(s):  
Criminal Law ◽  
Mens Rea ◽  
Actus Reus ◽  
The Law ◽  
State Of Affairs

Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter explains the concept of actus reus. It discusses the elements of crime, defining an actus reus, proving an actus reus, that conduct must be voluntary, state of affairs offences, omissions liability (situations in which a person will be liable for failing to act), causation (including the principles of factual and legal causation), and coincidence in time of actus reus and mens rea. ‘The law in context’ feature analyses critically English law’s approach to liability for causing another person’s suicide.

Ashworth's Principles of Criminal Law

2019 ◽  
Author(s):  
Jeremy Horder
Keyword(s):  
Small Business ◽  
Criminal Law ◽  
Mens Rea ◽  
Business Activity ◽  
Financial Crimes ◽  
Actus Reus ◽  
Ninth Edition ◽  
The Law ◽  
Criminal Conduct ◽  
Rules And Standards

Principles of Criminal Law takes a distinctly different approach to the study of criminal law, whilst still covering all of the vital topics found on criminal law courses. Uniquely theoretical, it seeks to elucidate the underlying principles and foundations of the criminal law, and aims to engage readers by analysing the law contextually. This ninth edition looks at issues such as the law’s history, criminal law values, alongside criminal conduct, actus reus, causation, and permissions; criminal capacity, mens rea, and fault, excusatory defences; homicide; non-fatal violations; property crimes; financial crimes; complicity; and inchoate offences. A special aim of the book is to bring an understanding of business activity-in particular small business activity-closer to the centre of the stage, in a discussion of the values protected by the criminal law, and of the way in which the law shapes its principles, rules, and standards. A large proportion of criminal offences are drafted with the conduct of businesses, as well as individuals, in mind.

scholarly journals CRIMINAL DELINQUENCY – CYBERSTALKING: CHARACTERISTICS OF OBJECT AND OBJECTIVE SIDE

2018 ◽  
Vol 2 (83) ◽  
pp. 45
Author(s):  
Uldis Ķinis
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Written Text ◽  
Legitimate Interest ◽  
International Regulations ◽  
Actus Reus ◽  
The Law ◽  
Definition Of ◽  
Objective Side ◽  
First Time

On January 2018 significant amendments to the Criminal Law and the Law On the Procedure for Application of the Criminal Law came into force in Latvia. These changes not only in the first time introduce the criminal responsibility for the emotional violence, but also determine the procedure for assessing emotional disparity, equating the effects to telepathic injuries.In the article, the author reviews a modality of crime “persecution” - cyber-persecution. Although the legislator in the annotation of the law provides that the article also shall be applicable to acts committed in cyberspace, at the same time, the author indicates some problems that may arise due to the narrow interpretation of the law by the law enforcement. The purpose of the article is to study the object (protected legitimate interest) and the objective side (actus reus) of the offense - cyber-stalking. For purposes of research, several methods have been used. The method of comparative analysis, for examination and comparison of external and international regulations. Methods of legal interpretation used to disclose the differences between the understanding of the written text of the definition of the crime and what ought to be understood in the meaning of the norm. Finally, the author presents the conclusions and proposals on the application of the norm.

Criminal Law and Procedure

Japanese Law ◽  
2021 ◽  
pp. 450-466
Author(s):  
Hiroshi Oda
Keyword(s):  
Criminal Law ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Special Part ◽  
General Part ◽  
Basic Concepts ◽  
The Law ◽  
Terrorist Acts

The primary statute of criminal law in Japan is the Criminal Code of 1907. There are various separate laws which provide for specific crimes, generally denoted as ‘special criminal laws’. Some offences were added by way of such special laws in the recent years including the law against terrorist acts of 2019. The The Criminal Code is divided into the General Part and the Special Part. The former lays down the general principles and basic concepts of criminal law such as intention, negligence, attempt, accomplice, etc. The latter lists specific offences. Constitution guarantees the rights of defendants and suspects. Criminal procedure has become much more transparent, and better protection is given to suspects.

2. Actus Reus: The Conduct Element

2018 ◽  
Author(s):  
Jonathan Herring
Keyword(s):  
Criminal Law ◽  
Central Aspect ◽  
Actus Reus ◽  
Act Requirement

The actus reus is a central aspect of criminal law that defines the harm done to the victim and the wrong performed by the defendant. In many cases this involves proof that the defendant caused a particular result. This chapter begins by distinguishing the component elements of a crime. It then discusses the voluntary act ‘requirement’; causation; classification of offences; the need for a voluntary act; omissions; and seeking a coherent approach to causation.

Criminal Law Concentrate

2018 ◽  
Author(s):  
Jonathan Herring
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Strict Liability ◽  
Mens Rea ◽  
Sexual Offences ◽  
Essential Information ◽  
Actus Reus ◽  
Recent Developments ◽  
The Law

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Criminal Law Concentrate covers fundamental principles of this area of law and helps the reader to succeed in exams. Topics covered include the basis of criminal liability, actus reus, mens rea, and strict liability. The chapters also examine offences such as non-fatal offences, sexual offences, homicide, inchoate offences, theft, and fraud. Defences are also examined in the final two chapters. This edition has been updated to include: recent developments in the law and new cases such as Jogee, Conroy, Golds, Ivey, and Joyce; more detail on sexual offences; more revision tips and tables to improve learning; and an ‘Exam essentials’ feature.

Criminal Law Concentrate

2020 ◽  
Author(s):  
Jonathan Herring
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Strict Liability ◽  
Mens Rea ◽  
Sexual Offences ◽  
Essential Information ◽  
Actus Reus ◽  
Recent Developments ◽  
The Law

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Criminal Law Concentrate covers fundamental principles of this area of law and helps the reader to succeed in exams. Topics covered include the basis of criminal liability, actus reus, mens rea, and strict liability. The chapters also examine offences such as non-fatal offences, sexual offences, homicide, inchoate offences, theft, and fraud. Defences are also examined in the final two chapters. This edition has been updated to include: recent developments in the law and new cases such as Jogee, Conroy, Golds, Ivey, and Joyce; more detail on sexual offences; more revision tips and tables to improve learning; and an ‘Exam essentials’ feature.

Criminal Law

2019 ◽  
Author(s):  
Michael Allen ◽  
Ian Edwards
Keyword(s):  
Criminal Law ◽  
Strict Liability ◽  
Case Law ◽  
Mens Rea ◽  
Sexual Offences ◽  
The Past ◽  
Actus Reus ◽  
The Subject ◽  
The Law

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. Textbook on Criminal Law has been providing students of criminal law with a readable and reliable introduction to the subject for the past 28 years. This is the fifteenth edition, which has been updated to include all of the latest case law and statutory changes. Topics covered include actus reus, mens rea, negligence and strict liability, and capacity and incapacitating conditions. It also examines general defences, parties to crime, inchoate offences, and homicide. Towards the end of the book chapters consider non-fatal offences, sexual offences, offences under the Theft Acts 1968 and 1978, fraud, and criminal damage.

WHEN ARE WE RIGHTFULLY AGGRIEVED?

Legal Theory ◽  
2005 ◽  
Vol 11 (3) ◽  
pp. 325-332
Author(s):  
Larry Alexander
Keyword(s):  
Criminal Law ◽  
Mens Rea ◽  
Criminal Offenses ◽  
Special Part ◽  
Specific Substance ◽  
Actus Reus ◽  
General Part ◽  
Moral Limits

Joel Feinberg's four volume work The Moral Limits of the Criminal Law can, I believe, be accurately characterized as a normative treatise on what criminal law theorists call the “special part” of the criminal law. The “general part” deals with the basic elements of all criminal offenses—whatever is prohibited. Thus general part theorists analyze the notions of actus reus and mens rea, the conditions that negate voluntariness in acting, the distinction between acts and omissions, the nature of causation, joint participation in crime such as complicity and conspiracy, and the various defenses labeled justifications and excuses. Feinberg has little to say about these matters. His concern is with what conduct may be forbidden and punished—the specific substance rather than the general form of the criminal law.

scholarly journals Beyond acts and omissions: remark-able criminal conduct

Legal Studies ◽  
2020 ◽  
pp. 1-18
Author(s):  
Mark Dsouza
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
The Law ◽  
Criminal Conduct ◽  
Proper Interpretation

Abstract I argue that instead of analysing a criminal offence's conduct element in terms of acts and omissions, we should ask whether the defendant has belied a contextually salient expectation as to how she should, or routinely would, conduct herself. Slightly different sets of expectations are salient depending on whether our interest is in questions of criminalisation, or the proper interpretation of existing offences, but the criminal law is normally interested only in conduct-tokens that belie a relevant expectation. Belying such an expectation need not itself suggest culpability, but it does mark out the conduct as remark-able, in the sense of being ‘worthy of remark’. I argue that this ‘Remark-able Conduct Requirement’ (RCR) analysis helps us narrow the field of conduct-tokens that are normatively appropriate candidates for criminalisation, and when adapted for use in interpreting existing offences it: (a) generates familiar and plausible liability outcomes; (b) simplifies the application of the law; (c) offers a principled argument to limit the scope of offences drafted in overly broad terms, by excluding innocuous doings from potential criminal liability; and (d) suggests ways to make progress on philosophical puzzles about how we should conduct ourselves.

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