Pleas of the Crown

2019 ◽  
pp. 562-578
Author(s):  
John Baker
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Mens Rea ◽  
Criminal Cases ◽  
Modern Times ◽  
Inns Of Court ◽  
History Of

This chapter examines how principles of substantive criminal law emerged, given that the mechanisms which brought about the development of civil law were absent in criminal cases until modern times. Lectures in the inns of court were significant, supplemented from Tudor times by treatise writers and by occasional discussions among the judges in Serjeants’ Inn. Some general principles of liability evolved from medieval times in relation to mens rea, particularly the capacity of infants and the insane, the liability of accessories, and the position of those involved as principals in common enterprises. The second part traces in outline the history of treason, murder, chance medley, manslaughter, burglary and larceny.

Recklessness: the House of Lords and the criminal law

Legal Studies ◽  
1981 ◽  
Vol 1 (3) ◽  
pp. 267-286
Author(s):  
Jenny McEwan ◽  
St. John Robilliard
Keyword(s):  
Criminal Law ◽  
Criminal Court ◽  
Mens Rea ◽  
Criminal Cases ◽  
House Of Lords

‘The House of Lords has a dismal record in criminal cases. All too often their lordships’ decisions have to be reversed by legislation…the present decision could well be another'.In two recent criminal appeals of major importance on the meaning of mens rea, Caldwell and Lawrence, the House of Lords has departed so far from the academically accepted deffition of ‘recklessness’, that Professor Smith is driven to ask, ‘Can we really afford the House of Lords as an appellate criminal court?’. Such desperation surely indicates that their Lordships have got things badly wrong and it is our purpose in this article to examine whether this is indeed the case.

Connecting Tort and Crime: Comparative Legal History in England and Spain since 1850

2009 ◽  
Vol 11 ◽  
pp. 247-288
Author(s):  
Matthew Dyson
Keyword(s):  
Criminal Law ◽  
Legal History ◽  
Complete System ◽  
Civil Law ◽  
Tort Law ◽  
The Other ◽  
Criminal Courts ◽  
English System ◽  
History Of ◽  
The Relationship

Abstract This chapter explores the relationship between tort law and criminal law. In particular it tracks one line of developments in the procedural co-ordination of criminal and civil law: the ability of criminal courts to award compensation for harm. It is a study of legal change or development: how and why law has evolved from the middle of the nineteenth century through to the present day. The chapter is also comparative, looking at the English and Spanish legal systems. The history of powers to compensate has highlighted two fundamentally different ways to resolve claims based on a concurrently tortious and criminal wrong. The English system has slowly moved from disparate and piecemeal provisions to a general if under-theorised system. On the other hand, Spain created a novel and complete system of liability to be administered by the criminal courts. This chapter seeks to trace and explain this development with a view to understanding how much civil and criminal law can perform the same function: compensation.

scholarly journals Mellem Skylla og Charybdis – træk af legalitetsprincippets historie i dansk strafferet

2017 ◽  
Vol 104 (1) ◽  
pp. 77-92
Author(s):  
Morten Kjær
Keyword(s):  
Criminal Law ◽  
Logical Consequence ◽  
Criminal Code ◽  
Criminal Cases ◽  
Wide Margin ◽  
Criminal Offenses ◽  
History Of ◽  
Principle Of Legality

This article deals with the history of the principle of legality in Danish criminal law. The principle of legality is a relatively new invention and was first introduced with the criminal code of 1866 § 1. Before that, courts were given broad discretion in criminal cases. This discretion must be viewed as the logical consequence of the lack of a comprehensive and systematic criminal code such as that first issued in 1866 where it replaced the sixth book in the National Law of Denmark1683. With the promulgation of a new systematic criminal code it was possible to introduce the principle of legality in Danish criminal law in 1866. While the principle of legality was designed to secure the predictability of the criminal law, measures were also taken in order to secure flexibility in the application of the code by the courts. The often casuistic definitions of the criminal offenses in the National Law of Denmark were thus replaced by abstract definitions and thecourts were generally left with a wide margin of discretion when it came to questions of punishment. The criminal code of 1866 was thus built on a compromise between legality and flexibility.

Acts and Facts

1998 ◽  
Vol 62 (4) ◽  
pp. 360-373
Author(s):  
Stephen White
Keyword(s):  
Criminal Law ◽  
Criminal Procedure ◽  
Mens Rea ◽  
History Of ◽  
The Law ◽  
Court Of Appeal

Since the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 there has had to be a ‘trial of the facts’ to determine whether a defendant found unfit to be tried ‘did the act or made the omission charged against him as the offence’ In Egan (below) the Court of Appeal held that by the ‘act’ was meant all elements of the offence. This holding, while meritorious, plainly violates the intention of the 1991 Act, ignores the history of the phrase ‘act charged as an offence’, and is inconsistent with the meaning that has to be attributed to the phrase when the jury are considering whether to return a special verdict of insanity. It also makes for a further anomaly when a defendant unfit to be tried seeks an acquittal on the ground that he lacked mens rea because of insanity. The proposals of the Law Commission's Criminal Law Team for ‘Counts in an Indictment’ will go some, but not necessarily the whole, way to helping courts identify exactly what is the ‘act charged as the offence’.

scholarly journals Fejezetek Erdély huszadik századi jogtörténetéből

2021 ◽  
Vol 3 (3) ◽  
pp. 101-124
Author(s):  
Előd Pál
Keyword(s):  
Criminal Law ◽  
Legal History ◽  
Legal Education ◽  
Civil Law ◽  
Round Table ◽  
Round Table Discussion ◽  
Constitutional History ◽  
Social Situations ◽  
The Past ◽  
History Of

On 20 November 2018, the Hungarian Museum Association of Transylvania and Sapientia Hungarian University of Transylvania organized a round table discussion on the legal history of Transylvania. The event took place as part of a series of events on the Hungarian Science Day in Transylvania, at the Sapientia building on Calea Turzii Cluj-Napoca. The participants were Dr Gyula Fábián (minority law), Dr Zsolt Fegyveresi (constitutional history), Dr László Nánási (history of criminal law), Dr Zsolt Kokoly (history of legal education), Dr János Székely (history of civil procedure law), and Dr Emőd Veress (history of civil law). The event was moderated by Előd Pál. The participants presented their research studies related to the legal history of Transylvania and explored the legal and social situations of the past hundred years.

scholarly journals Sed iuxta legis severitatem congruenti poena ulciscetur (Kατά την του νόμου αυστηρότητα θα κολάσει δια προσφόρου ποινής)

2013 ◽  
Vol 22 ◽  
pp. 173
Author(s):  
Δήμητρα Π. ΚΑΡΑΜΠΟΥΛΑ
Keyword(s):  
Roman Empire ◽  
Criminal Law ◽  
Late Antiquity ◽  
Ad Hoc ◽  
Third Century ◽  
Criminal Cases ◽  
Legal Proceedings ◽  
Imperial Authority ◽  
History Of

Late Antiquity, or rather the post classical period, the Dominate, is a term familiar especially to legal historians; it means the final period of Roman iurisprudence. Apart of that it is a crucial period of change and transition in the history of the Roman Empire where each and every one challenge to imperial authority elicited an energetic response. It is a well documented period especially in contrast to the dearth of the mid-third century. There is a notable richness in the variety and number of imperial texts, deriving from legal sources. Those texts prove that legal science did not die with the Principate, but took on forms suitable to contemporary conditions. This study discusses the results of the transition from the time of the Principate to the time of the Dominate in the legal proceedings and the criminal law. With reference to the laws included in the Codex Hermogenianus, as ad hoc law, namely, the whole output of rescripts for the years 293/294, the study focuses on the jurisdiction in criminal cases, in particular on the role of the governor of a province, not only in answering petitions but also judging according to the cognitio procedure, and on the extra ordinem execution of a penalty.

scholarly journals MENS REA AS THE BASIS OF DIVERSION IN THE CHILD CRIMINAL JUSTICE SYSTEM BASED ON RESTORATIVE JUSTICE

2021 ◽  
Vol 9 (04) ◽  
pp. 62-67
Author(s):  
Nur Chasanah ◽  
◽  
Arief Darmawan SU ◽  
Otto Yudianto ◽  
◽  
...  
Keyword(s):  
Restorative Justice ◽  
Criminal Law ◽  
Justice System ◽  
Research Method ◽  
Mens Rea ◽  
Criminal Cases ◽  
Legal Research ◽  
Government Regulations ◽  
Criminal Penalty ◽  
Criminal Procedure Law

Restorative justice or more precisely keadilan restoratif in the Indonesian context is based on the principle of building joint participation between perpetrators, victims, and community groups in resolving a criminal act. The problem has been that in the formulation of the laws and government regulations diversion (diversi) is carried out if a criminal act is committed by a child who is punishable by imprisonment under seven years other than that if criminal acts that were committed by a child is not a repetition of criminal acts (recidive). A research using a normative legal research method found that through legal findings or rechtsvinding (penemuan hukum), judges can formulate criminal law policies through their decisions based on mens rea. Tt is a must for judges to settle criminal cases with a child of 12-years-old age perpetrator and/or the delinguent actor is a recidive via diversion. The provisions of Indonesian criminal procedure law dicates that judges are also obliged to seek diversion towards the settlement of all criminal cases whose actions were committed by children, both those with a criminal penalty over seven years and/or recidive or those who does not included in the two categories.

scholarly journals Penal Mediation from the Perspective of Criminal Law (Study of the Settlement of Criminal Cases by Mediation)

2018 ◽  
Vol 54 ◽  
pp. 08009
Author(s):  
Dwi Hapsari Retnaningrum
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Empirical Method ◽  
Third Parties ◽  
Criminal Cases ◽  
Know How ◽  
The Future

Mediation is a method to solve cases by involving third parties, commonly used in civil law. The usage of mediation in criminal law, aims to make the perpetrators aware that their criminal act is wrong and to percieved that the victims need to be reinstated. Therefore it is important to understand what the background of the usage of mediation in criminal crime cases and how the prospect of mediation in the future is. The purpose of this paper is to know how penal mediation is seen from the perspective of criminal law, while the benefit is to contribute thoughts in terms of criminal law. The method used to solve the problem is juridical normative method and empirical method. Based on the results of the study, it is known that penal mediation which is basically undisclosed in the field of criminal law—practically has been used, thus the prospect of mediation will be widely used in the future. In several laws, the provisions of mediation are also registered. Penal mediation from the perspective of criminal law can be used as one of the means of settlement of criminal cases.

scholarly journals Mental health law in Jordan

2013 ◽  
Vol 10 (4) ◽  
pp. 90-91 ◽  
Author(s):  
Walid Sarhan ◽  
Ali Alqam
Keyword(s):  
Public Health ◽  
Mental Health ◽  
Criminal Law ◽  
Civil Law ◽  
Psychiatric Services ◽  
Health Law ◽  
Compulsory Admission ◽  
Public Health Law ◽  
History Of ◽  
Forensic Psychiatric

The history of the psychiatric scene in Jordan is briefly described, and the Jordanian Public Health Law is highlighted, as its chapter on mental health regulates compulsory admission. Some notes are included on the criminal law and civil law, and Jordan's forensic psychiatric services are briefly described.

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