1. Introduction

2021 ◽  
pp. 1-38
Author(s):  
John Child ◽  
David Ormerod
Keyword(s):  
Criminal Justice ◽  
Internal Structure ◽  
Criminal Law ◽  
Civil Law ◽  
Criminal Process

This book focuses on substantive criminal law, that is, how offences such as theft and murder are defined. This introductory chapter sets in context criminal offences and defences, first by considering the basis upon which certain conduct is criminalised and other conduct is not. In continuing to set the context, the chapter goes on to consider criminal justice and criminology; criminal evidence; criminal process (including the court structure and central actors); sentencing; civil law protections; and so on. Narrowing to our focus on substantive criminal law—how offences and defences are defined—the chapter moves on to discuss the sources of criminal law; the internal structure of offences and defences; principles of the substantive criminal law; and the subjects to which it applies. Finally, the chapter introduces features on reform and legal application.

1. Introduction

2019 ◽  
pp. 1-36
Author(s):  
John Child ◽  
David Ormerod
Keyword(s):  
Internal Structure ◽  
Criminal Law ◽  
Civil Law ◽  
Legal Reform ◽  
Criminal Conviction ◽  
The Difference ◽  
Criminal Statistics

This book focuses on substantive criminal law, that is, how offences such as theft and murder are defined. This introductory chapter sets in context criminal offences and defences, first by considering the basis upon which certain conduct is criminalised and other conduct is not. It then outlines the reasons why people commit crimes, which types of people commit them, and whether certain groups are over-represented in criminal statistics. It also discusses the role of evidence in assessing how well criminal offences can be proved in practice; the punishments for committing crimes; the difference between criminal and civil law; the process and procedure to obtain a criminal conviction; sources of the substantive criminal law; the internal structure of offences and defences; principles of the substantive criminal law and the subjects to which it applies; legal reform; and the application of the current law.

1. Introduction

2017 ◽  
Author(s):  
John Child ◽  
David Ormerod
Keyword(s):  
Internal Structure ◽  
Criminal Law ◽  
Civil Law ◽  
Legal Reform ◽  
Criminal Conviction ◽  
The Difference ◽  
Criminal Statistics

This book focuses on substantive criminal law, that is, how offences such as theft and murder are defined. This introductory chapter sets in context criminal offences and defences, first by considering the basis upon which certain conduct is criminalised and other conduct is not. It then outlines the reasons why people commit crimes, which types of people commit them, and whether certain groups are over-represented in criminal statistics. It also discusses the role of evidence in assessing how well criminal offences can be proved in practice; the punishments for committing crimes; the difference between criminal and civil law; the process and procedure to obtain a criminal conviction; sources of the substantive criminal law; the internal structure of offences and defences; principles of the substantive criminal law and the subjects to which it applies; legal reform; and the application of the current law.

Smith, Hogan, & Ormerod's Essentials of Criminal Law

2019 ◽  
Author(s):  
John Child ◽  
David Ormerod QC
Keyword(s):  
Internal Structure ◽  
Criminal Law ◽  
Civil Law ◽  
Legal Reform ◽  
Criminal Conviction ◽  
The Difference ◽  
Criminal Statistics

This book focuses on substantive criminal law, that is, how offences such as theft and murder are defined. This introductory chapter sets in context criminal offences and defences, first by considering the basis upon which certain conduct is criminalised and other conduct is not. It then outlines the reasons why people commit crimes, which types of people commit them, and whether certain groups are over-represented in criminal statistics. It also discusses the role of evidence in assessing how well criminal offences can be proved in practice; the punishments for committing crimes; the difference between criminal and civil law; the process and procedure to obtain a criminal conviction; sources of the substantive criminal law; the internal structure of offences and defences; principles of the substantive criminal law and the subjects to which it applies; legal reform; and the application of the current law.

scholarly journals Problematyka przejścia wierzytelności o naprawienie szkody wyrządzonej przestępstwem — wybrane zagadnienia

2018 ◽  
Vol 48 ◽  
pp. 131-146
Author(s):  
Anna Muszyńska ◽  
Angelika Jura
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Third Party ◽  
Criminal Process ◽  
Compensation For Damage

Issues related to a transfer of receivables for damages caused by a crime — selected issuesThe article is devoted to the issue of the victim’s handing over a claim for compensation for damage caused by a crime to a third party by way of conclusion of a civil law contract. Reference has been made to a status of a buyer of a claim for damages, the possibility of its occurrence as a party to a criminal process, status of an aggrieved party, as well as the characteristic context of the criminal law obligation to repair a damage, with its main concepts: damage and the aggrieved party.

Boundaries of Criminal Liability: Participation in Crime, Preparatory Offences and Omissions

2020 ◽  
Vol 53 (3) ◽  
pp. 392-408
Author(s):  
Miriam Gur-Arye
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Review Essay ◽  
Criminal Liability ◽  
Common Law ◽  
Civil Law ◽  
Legal Rules ◽  
Core Concepts ◽  
The Common ◽  
Anglo American

The book Core Concepts in Criminal Law and Criminal Justice: Anglo-German Dialogues is the first volume of an Anglo-German project which aims ‘to explore the foundational principles and concepts that underpin the different domestic systems and local rules’. It offers comparative perspectives on German and Anglo-American criminal law and criminal justice as ‘examples of the civil law and the common law worlds’. The comparisons ‘dig beneath the superficial similarities or differences between legal rules to identify and compare the underlying concepts, values, principles, and structures of thought’. The review essay focuses on the topics of omissions, preparatory offences, and participation in crime, all of which extend the typical criminal liability. It presents the comparative German and Anglo-American perspectives discussed in the book with regard to each topic and adds the perspective of Israeli criminal law. It points out the features common to all these topics as an extension of criminal liability and discusses the underlying considerations that justify the criminalisation of omissions, preparatory offences, and participation in crime. In evaluating whether extending criminal liability in these contexts is justified, the review essay suggests reliance on two main notions: that of ‘control over the commission of the offence’ and that of ‘liberty (or personal freedom)’.

10. Inequalities and criminal justice

2021 ◽  
pp. 479-517
Author(s):  
Lucy Welsh ◽  
Layla Skinns ◽  
Andrew Sanders
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Hate Crimes ◽  
Criminal Process

This chapter pulls together some of the issues mentioned in earlier chapters through a specific lens of inequality. The chapter highlights key areas of inequality in the criminal process by focusing on class, race and sex, but identifies intersections with a broader range of marginalised populations where information exists (and points to the need for research where the information does not yet exist). It discusses what we mean by inequality; key areas in which inequality in relation to class, race and sex manifest and intersect; inequity manifested in the criminal law; inequality as it manifests in policing; inequality as it manifests through sentencing; inequality experienced by victims; hate crimes; and ways that inequality could be reassessed and evaluated through discourses of rights and belonging.

Children and the Expanding Role of the Criminal Law

1999 ◽  
Vol 4 (2) ◽  
pp. 85-90 ◽  
Author(s):  
Sue Bandalli
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Justice System ◽  
Civil Law ◽  
Foreseeable Future ◽  
Criminal Courts ◽  
Justice Practice ◽  
Looking Back ◽  
Public Demand

Looking back, the 1980s was a decade of enlightenment and success in juvenile justice practice in this country; diverting youngsters away from the criminal courts and reducing the severity of response towards those who were prosecuted did not result in crime waves or public demand to stop this lenient treatment of the young. In the 1990s, the whole criminal justice system took a significant turn towards retribution and punishment. The movement may have been aimed initially at certain groups of criminals, particularly the persistent and serious, but swept all in its wake, including children aged 10–14 who were neither. There is little apparent appreciation of the damaging consequences of this trend, not only for individual children but also for the whole concept of childhood. There is now a wide discrepancy between the approach taken by the criminal and civil law towards children which current criminal justice policies indicate is to continue into the foreseeable future.

Responsibility for Bystanders in Mass Crimes: Towards a Duty to Rescue in International Criminal Justice

2017 ◽  
Vol 17 (5) ◽  
pp. 879-908
Author(s):  
Auriane Botte-Kerrison
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
International Criminal ◽  
Common Law ◽  
Civil Law ◽  
International Criminal Law ◽  
International Criminal Justice ◽  
Attribution Of Responsibility ◽  
The Social ◽  
Collective Dimension

This article examines the viability of integrating the duty to rescue concept in international criminal justice to deal with the responsibility of bystanders. Despite the fact that they often contribute to create the social context in which mass crimes occur, bystanders are almost absent from the scope of international criminal justice, focusing mainly on the perpetrators and the victims. This article explores a possible avenue to fill this gap so that the attribution of responsibility for mass crimes can be more coherent with their collective dimension. It assesses whether the duty to rescue concept, commonly found in the legislation of civil law countries, could provide a ‘ready-made’ solution to deal with bystander responsibility. Following a comparative analysis of the different approaches to the duty to rescue in civil law and common law countries, it examines how the duty to rescue would fit with similar concepts in international criminal law.

1. Criminal law in context

Criminal Law ◽  
2019 ◽  
pp. 1-31
Author(s):  
Michael J. Allen ◽  
Ian Edwards
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Social Contexts ◽  
European Convention ◽  
The Political ◽  
Criminal Process ◽  
Standard Of Proof ◽  
Key Aspects ◽  
The Impact

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This introductory chapter answers the following questions: What is a crime? What purpose or function does the criminal law serve? What reasons are there for the criminalisation of some types of conduct? What are the purposes of punishment? What are the political and social contexts in which criminal law operates? The chapter provides an overview of key aspects of the criminal process, including mode of trial, the decision to prosecute, the burden and standard of proof, the functions of judge and jury, and sentencing. It also examines briefly discusses the impact of the European Convention on Human Rights on English law.

scholarly journals RECHTERLIJK PARDON DALAM KEBIJAKAN DAN PENERAPAN PIDANA INDONESIA

PRANATA HUKUM ◽  
2020 ◽  
Vol 15 (2) ◽  
pp. 132-142
Author(s):  
Annisa Dian Permata Herista ◽  
Aristo Evandy A. Barlian
Keyword(s):  
Social Justice ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Civil Law ◽  
Penal Code ◽  
Law System ◽  
Current Formulation ◽  
To Come

Penal code in the formulation of criminal law is currently only fixated on the provisions of criminal acts and crimes without including the goals and principles of punishment. Therefore, criminal law is currently considered rigid and inhumane in its application in small cases that are deemed to require social justice. Formulations which do not have objectives and principles in criminal guidelines will not produce effective law, now there is an idea that is Rechterlijk Pardon as one of the concepts in criminal reform that has been used by various countries implementing civil law systems. The results of the analysis in this study found 6 (six) articles relating to the value of forgiveness in the current formulation of the Kuhp but not the pure forgiveness value and the discovery of 5 (five) criminal justice applications that already have forgiveness values but still cannot be applied properly because they are not properly applied the existence of forgiveness formulations in the current criminal. The formulation of the judge's forgiveness idea "Rechterlijk Pardon" will make the criminal law system in Indonesia to come to be more integral, flexible, humanist, progress and nationalist. The criminal justice system desperately needs significant reforms such as the inclusion of criminal law goals and principles so that an effective criminal justice system in Indonesia is realized.

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