12. Parties to crime

2017 ◽  
Author(s):  
John Child ◽  
David Ormerod
Keyword(s):  
Potential Application ◽  
Criminal Liability ◽  
Legal Reform ◽  
Joint Enterprise ◽  
The Relationship

This chapter examines the criminal liability of parties to a crime. Where D involves herself in the crime of another, and that crime is completed, D may not just be liable for her inchoate role, but may be additionally liable as an accomplice. As such, she is labelled and punished in the same way as the principal. This chapter begins with an overview of the current law of complicity and the circumstances where uncertainty can emerge in determining whether D is a principal or an accomplice. It then considers the elements of complicity by aiding, abetting, counselling, or procuring; the abolition of complicity by joint enterprise; the relationship between complicity and inchoate liability; and available defences. It outlines options for legal reform concerning complicity and the potential application of complicity within a problem question. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.

12. Parties to crime

2021 ◽  
pp. 494-537
Author(s):  
John Child ◽  
David Ormerod
Keyword(s):  
Potential Application ◽  
Criminal Liability ◽  
Legal Reform ◽  
Joint Enterprise ◽  
The Relationship

This chapter examines the criminal liability of parties to a crime. Where D involves herself in the crime of another, and that crime is completed, D may not just be liable for her inchoate role, but may be additionally liable as an accomplice. As such, she is labelled and punished in the same way as the principal. This chapter begins with an overview of the current law of complicity and the circumstances where uncertainty can emerge in determining whether D is a principal or an accomplice. It then considers the elements of complicity by aiding, abetting, counselling, or procuring; the abolition of complicity by joint enterprise; the relationship between complicity and inchoate liability; and available defences. It outlines options for legal reform concerning complicity and the potential application of complicity within a problem question. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.

12. Parties to crime

2019 ◽  
pp. 481-524
Author(s):  
John Child ◽  
David Ormerod
Keyword(s):  
Potential Application ◽  
Criminal Liability ◽  
Legal Reform ◽  
Joint Enterprise ◽  
The Relationship

This chapter examines the criminal liability of parties to a crime. Where D involves herself in the crime of another, and that crime is completed, D may not just be liable for her inchoate role, but may be additionally liable as an accomplice. As such, she is labelled and punished in the same way as the principal. This chapter begins with an overview of the current law of complicity and the circumstances where uncertainty can emerge in determining whether D is a principal or an accomplice. It then considers the elements of complicity by aiding, abetting, counselling, or procuring; the abolition of complicity by joint enterprise; the relationship between complicity and inchoate liability; and available defences. It outlines options for legal reform concerning complicity and the potential application of complicity within a problem question. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.

Meat without Animals: Outcast Objects and the Improvement of London

2018 ◽  
Author(s):  
Ted Geier
Keyword(s):  
Animal Rights ◽  
Legal Reform ◽  
Meat Production ◽  
History Of ◽  
Relationship Of ◽  
The Relationship

Covers the long history of the Smithfield animal market and legal reform in London. Shows the relationship of civic improvement tropes, including animal rights, to animal erasure in the form of new foodstuffs from distant meat production sites. The reduction of lives to commodities also informed public abasement of the butchers.

Criminal Liability of Athletes for Damage Caused as a Result of Violation of the Rules of Sports Events

2020 ◽  
Vol 12 ◽  
pp. 100-105
Author(s):  
D. A. Bezborodov ◽  
◽  
R. M. Kravchenko ◽  
Keyword(s):  
Law Enforcement ◽  
Sports Injuries ◽  
Criminal Liability ◽  
Sporting Events ◽  
Sports Training ◽  
Training Process ◽  
Sports Organizations ◽  
Sports Events ◽  
Special Rules ◽  
The Relationship

The article deals with issues related to the characteristics of the qualification of causing injury or death to an athlete during sports events. The article analyzes the possibility of applying the provisions of certain circumstances that exclude the criminality of the act. Take into account that the relationship between the participants of sports competitions and sports training, while relationships at the same time are not regulated by the law and sports regulations sports, and the internal rules of sports organizations, defining the organization of the training process. Therefore, the issues related to the influence of special rules regulating the procedure for conducting sports competitions and other sporting events on the features of criminal liability (in particular, guilt), both athletes and other persons who ensure the conduct of sports events, are studied specifically. It is taken into account that modern legislation and law enforcement often ignores this requirement, which, in particular, is expressed in the failure to include the facts of sports injuries in the list of crimes in the field of sports. First of all, the article analyzes the issues of criminal-legal assessment of an athlete's act in the event of injury to health or death to another athlete, given that in sports, harm is usually caused unintentionally, by negligence. Therefore, the work analyzes the risks, harm to health, as well as measures that should have been taken by the organizers of the competition to avoid causing harm, taking into account that all these issues are evaluative. The characteristic of harming an athlete while observing the rules of events by his opponent is given. The question of how the rules relating to a particular sport can exempt a person from liability for causing harm is being investigated.

2. Criminalizaton: historical, legal, and criminological perspectives

2017 ◽  
Author(s):  
Nicola Lacey ◽  
Lucia Zedner
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Building Blocks ◽  
Historical Contingency ◽  
England And Wales ◽  
Close Relationship ◽  
Recent Developments ◽  
Shifting Boundaries ◽  
The Relationship ◽  
Over Time

This chapter examines the relationship between legal and criminological constructions of crime and explores how these have changed over time. The chapter sets out the conceptual framework of criminalization within which the two dominant constructions of crime—legal and criminological—are situated. It considers their respective contributions and the close relationship between criminal law and criminal justice. Using the framework of criminalization, the chapter considers the historical contingency of crime by examining its development over the past 300 hundred years. It analyses the normative building blocks of contemporary criminal law to explain how crime is constructed in England and Wales today and it explores some of the most important recent developments in formal criminalization in England and Wales, not least the shifting boundaries and striking expansion of criminal liability. Finally, it considers the valuable contributions made by criminology to understanding the scope of, and limits on, criminalization.

4. Interaction of actus reus and mens rea

2019 ◽  
pp. 127-145
Author(s):  
John Child ◽  
David Ormerod
Keyword(s):  
Correspondence Principle ◽  
Criminal Liability ◽  
Legal Reform ◽  
Mens Rea ◽  
Problem Type ◽  
Actus Reus ◽  
The Law

This chapter focuses on the interaction between actus reus and mens rea in proving criminal liability. It first considers how actus reus and mens rea relate to one another within the structure of an offence before discussing the issues that also emerge when applying offence requirements to a set of facts. As an example, it explains how every element (conduct, circumstance, and result) of an offence includes an actus reus requirement and a corresponding mens rea requirement. It also examines the correspondence principle and the doctrine of transferred malice, along with the coincidence principle. Finally, it outlines potential options for legal reform and a structure for analysing the actus reus and mens rea of an offence when applying the law in problem-type questions. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.

10. Fraud

2021 ◽  
pp. 405-437
Author(s):  
John Child ◽  
David Ormerod
Keyword(s):  
Potential Application ◽  
Legal Reform

This chapter deals with fraud, an offence under section 1 of the Fraud Act 2006 (FA 2006). It first discusses the central fraud offence, which can be committed by false representation, failure to disclose information, and/or abuse of position. The chapter then moves to consider related offences of obtaining services dishonestly and possession of articles for use in frauds, along with other fraud and deception offences. Finally, the chapter outlines potential options for legal reform concerning the drafting of FA 2006, fraud and the irrelevance of results, and distinguishing theft and fraud; as well as the potential application of fraud offences within a problem question. Relevant cases are highlighted throughout, with brief summaries of the main facts and judgments.

scholarly journals From Left to Rights: Civil Liberties Lawyering Between the World Wars

2016 ◽  
Vol 15 (3) ◽  
pp. 622-655 ◽  
Author(s):  
Laura M. Weinrib
Keyword(s):  
Public Opinion ◽  
First Amendment ◽  
Legal System ◽  
Civil Liberties ◽  
Legal Reform ◽  
Trade Offs ◽  
Personal Rights ◽  
The World ◽  
American Civil Liberties Union ◽  
The Relationship

In the formative years of the modern First Amendment, civil liberties lawyers struggled to justify their participation in a legal system they perceived as biased and broken. For decades, they charged, the courts had fiercely protected property rights even while they tolerated broad-based suppression of the “personal rights,” such as expressive freedom, through which peaceful challenges to industrial interests might have proceeded. This article focuses on three phases in the relationship between the American Civil Liberties Union (ACLU) and the courts in the period between the world wars: first, the ACLU’s attempt to promote worker mobilization by highlighting judicial hypocrisy; second, its effort to induce incremental legal reform by mobilizing public opinion; and third, its now-familiar reliance on the judiciary to insulate minority views against state intrusion and majoritarian abuses. By reconstructing these competing approaches, the article explores the trade-offs – some anticipated and some unintended – entailed by the ACLU’s mature approach.

scholarly journals Legal analysis of the content of the category «criminal law impact»

2020 ◽  
Vol 15 (3) ◽  
pp. 7-13
Author(s):  
Valery F. Lapshin
Keyword(s):  
Criminal Law ◽  
Criminal Behavior ◽  
Criminal Liability ◽  
Final Conclusion ◽  
Legal Analysis ◽  
Scientific Methods ◽  
The Social ◽  
Legal Nature ◽  
General Scientific ◽  
The Relationship

The category of criminal law impact is currently being actively studied in the domestic legal science for the relationship with the content of the categories of criminal punishment, other measures of a criminal law nature, criminal liability. In the presented study, the problem of determining the types of criminal law influence and the peculiarities of their implementation, depending on the presence or absence of certain legally significant features, is posed. Given the stated problems, the subject of the study is determined in the form of criminal law norms that enshrine deprivation and legal restrictions that apply to persons who have committed a socially dangerous act prohibited by criminal law. The application in the process of research of a combination of general scientific and private scientific methods allowed us to formulate the final conclusion that the criminal legal effect is realized as a result of the application of criminal liability measures and other measures of a criminal legal nature. Criminal liability is realized on general and preferential terms. The basis for the use of the latter is the fact of positive post-criminal behavior, which significantly reduces the social danger of the perpetrator.

scholarly journals Personality and Motives for Social Media Use When Physically Distanced: A Uses and Gratifications Approach

2021 ◽  
Vol 12 ◽  
Author(s):  
Thomas Bowden-Green ◽  
Joanne Hinds ◽  
Adam Joinson
Keyword(s):  
Social Media ◽  
United Kingdom ◽  
Potential Application ◽  
Uses And Gratifications ◽  
Face To Face ◽  
Remote Locations ◽  
The United Kingdom ◽  
Media Change ◽  
Virtual Meetings ◽  
The Relationship

This paper explores individuals’ motives for using social media when living under ‘social distancing’ conditions imposed during the COVID-19 pandemic, where they were instructed to physically distance from other people. Adopting a ‘uses and gratifications’ approach, and using a previously established five-factor scale, we examine the relationship between individuals’ motives for using social media and their personality traits. Hundred and eighty-nine social media users living in the United Kingdom completed surveys assessing their motives for using social media and their personality. Our findings demonstrate that participants were generally motivated to use social media to ‘pass time’ and to ‘maintain relationships.’ Further, we find that those high in extraversion in particular use social media to ‘maintain relationships.’ By comparing our findings to previous studies where face-to-face interaction was not restricted, our findings indicate that individuals’ motives for using social media change when they are placed under physical distancing restrictions. We reflect on the potential application of our findings for others experiencing similar conditions, such as those working in remote locations, as well as the potential implications for living in a post-pandemic world with increased virtual ‘meetings’ using social media.

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