Are we reading enough crime? Examining the content and depth of criminal law courses

2019 ◽  
Vol 44 (2) ◽  
pp. 151-158
Author(s):  
Helen Gibbon ◽  
Alex Steel
Keyword(s):  
Cognitive Load ◽  
Criminal Law ◽  
Law School ◽  
Face To Face ◽  
The Core ◽  
Core Subjects ◽  
Core Subject ◽  
Baseline Information ◽  
The Subject ◽  
The Right

What should be learnt in law school is currently a debated topic. One aspect of this debate is whether what is taught in the core subjects is necessary or taught to the right level. In this article, we examine one such core subject: criminal law. The aim is to provide baseline information on what students are expected to read in the subject as a proxy for what is taught and what is learnt. By examining the range of topics, and the amount of words set, we provide an indication of the expected breadth of learning and cognitive load on students. This is relevant both to traditional face-to-face teaching and online innovations.

Reflections on the existence of the science of criminal law

2021 ◽  
pp. 156-161
Author(s):  
I. Mytrofanov
Keyword(s):  
Social Justice ◽  
Public Relations ◽  
Criminal Law ◽  
The State ◽  
Crime And Punishment ◽  
Self Defense ◽  
Illegal Acts ◽  
The Subject ◽  
The Individual ◽  
The Right

The article states that today the issues of the role (purpose) of criminal law, the structure of criminal law knowledge remain debatable. And at this time, questions arise: whose interests are protected by criminal law, is it able to ensure social justice, including the proportionality of the responsibility of the individual and the state for criminally illegal actions? The purpose of the article is to comprehend the problems of criminal law knowledge about the phenomena that shape the purpose of criminal law as a fair regulator of public relations, aimed primarily at restoring social justice for the victim, suspect (accused), society and the state, the proportionality of punishment and states for criminally illegal acts. The concepts of “crime” and “punishment” are discussed in science. As a result, there is no increase in knowledge, but an increase in its volume due to new definitions of existing criminal law phenomena. It is stated that the science of criminal law has not been able to explain the need for the concept of criminal law, as the role and name of this area is leveled to the framework terminology, which currently contains the categories of crime and punishment. Sometimes it is not even unreasonable to think that criminal law as an independent and meaningful concept does not exist or has not yet appeared. There was a custom to characterize this right as something derived from the main and most important branches of law, the criminal law of the rules of subsidiary and ancillary nature. Scholars do not consider criminal law, for example, as the right to self-defense. Although the right to self-defense is paramount and must first be guaranteed to a person who is almost always left alone with the offender, it is the least represented in law, developed in practice and available to criminal law subjects. Today, for example, there are no clear rules for the necessary protection of property rights or human freedoms. It is concluded that the science of criminal law should develop knowledge that will reveal not only the content of the subject of this branch of law, but will focus it on new properties to determine the illegality of acts and their consequences, exclude the possibility of using its means by legal entities against each other.

4. The course of the trial

Evidence ◽  
2019 ◽  
pp. 140-200
Author(s):  
Roderick Munday
Keyword(s):  
Criminal Proceedings ◽  
Criminal Cases ◽  
Trial Judge ◽  
The Core ◽  
The Subject ◽  
The Right

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: the right to begin; the role of the trial judge; the judge’s right to call a witness; examination-in-chief; hostile witnesses; cross-examination; re-examination; calling evidence relating to witnesses’ veracity; witness support; the Crown’s right to reopen its case; and special protections extended to various classes of witness in criminal cases. Many of the rules apply to civil and criminal proceedings alike. However, as elsewhere in this book, the accent will be on rules of criminal evidence.

Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Law edited by François Tanguay-Renaud and James Stribopoulos Oxford and Portland, Oregon, Hart Publishing Ltd, 2012. ISBN 978-1-84946-010-1. xii + 321 pp.

2013 ◽  
Vol 26 (1) ◽  
pp. 243-248
Author(s):  
Mark Thornton
Keyword(s):  
International Law ◽  
Criminal Law ◽  
High Standard ◽  
Law School ◽  
Western Canada ◽  
Southern Ontario ◽  
The Us ◽  
The Subject ◽  
The Uk

Professor John Gardner says on the jacket, “these essays – without exception insightful and penetrating – set a high standard for the rest of us to aspire to.” This collection of 15 essays by 16 Canadian authors originated in a conference at Osgoode Hall Law School, York University. The majority of contributors are based in southern Ontario (Osgoode or York 5, Western 3, Toronto 2, and Queen’s 1). Two are from western Canada (Alberta, Saskatchewan), two from the UK (Manchester, Oxford) and one from the US (Cornell). The essays are arranged in three parts, the first being subdivided according to subject matter. It is a good thing for criminal law theorists to interest themselves in all facets of the subject. On the other hand, some will be deterred by the presence of essays on topics outside their specialty. It must be said that it is a well-produced book, even containing a subject index. I hope this book has wide circulation.

scholarly journals Features of signs of the crime object provided by article 166 of the Criminal Code of the Russian Federation

2019 ◽  
Vol 2019 (2) ◽  
pp. 192-198
Author(s):  
Алена Харламова ◽  
Alena Kharlamova ◽  
Юлия Белик ◽  
Yuliya Belik
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Social Relations ◽  
Criminal Law ◽  
Criminal Code ◽  
Direct Object ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation ◽  
The Right

The article is devoted to the problematic theoretical and practical issues of the content of the signs of the object of the crimes under Art. 166 of the Criminal Code. The authors determined the main direct object, revealed the essence of the right of ownership, use and disposal. Marked social relations that can act as an optional direct object. Particular attention is paid in the article to the subject of the crime. Attempts have been made to establish criteria that are crucial for the recognition of any vehicle as the subject of theft. The content of the terms “automobile” and “other vehicle” is disclosed. The analysis of the conformity of the literal interpretation of the criminal law to the interpretation of the law enforcer is carried out. It is summarized that the Supreme Court of the Russian Federation narrows the meaning of the term “other vehicle”, including in it only vehicles for the management of which, in accordance with the legislation of the Russian Federation, is granted a special right. The authors provide a list of such vehicles and formulate a conclusion on the advisability of specifying them as the subject of a crime. The narration of the article is accompanied by examples of decisions of courts of various instances in cases of crimes under Art. 166 of the Criminal Code of the Russian Federation

scholarly journals The Person at the Core of Psychological Science

2021 ◽  
Vol 9 (2) ◽  
Author(s):  
Juan F. Franck
Keyword(s):  
Human Person ◽  
Natural Sciences ◽  
Human Sciences ◽  
Philosophical Perspective ◽  
The Core ◽  
Psychological Science ◽  
Philosophical Framework ◽  
The Subject ◽  
The Right

The paper has been written from a philosophical perspective and triggered by the recurrent discussions in psychology about the most suitable methods to study our multifaceted subjectivity. Its main point is that a phenomenological understanding of the human person provides a robust and also flexible philosophical framework for psychology. The first part discusses three classical distinctions –individual/general; explaining/understanding; induction/interpretation– which, in spite of possible deficiencies, are useful to illustrate the specificity of the human sciences relative to the natural sciences. If not understood as an either-or dichotomy these distinctions represent the search of the right balance to reflect the complexity and richness of psychological science. The second part presents the phenomenological notions of ‘vital reduction’ and ‘personalist reduction’, where reductions does not take on an eliminativistic meaning, but of directing the mind’s gaze to attend to what is originally the case. The ‘vital reduction’ reveals a subject of experience at the center of the lifeworld, and the ‘personalist reduction’ sees in rationality –i.e., the power to grasp the meaning of things and to recognize other subjects of experience­– a deeper dimension of the subject, who we can thus call a person. Psychology and phenomenology converge in disclosing the person-centeredness of our lifeworld.

scholarly journals SEX TANPA NIKAH: Dilema Hukum Positif dan Moralitas Bangsa

AKADEMIKA ◽  
2020 ◽  
Vol 13 (02) ◽  
Author(s):  
Achmad Fageh
Keyword(s):  
Criminal Law ◽  
Penal Code ◽  
Front Door ◽  
Positive Law ◽  
The Subject ◽  
The Law ◽  
The Right ◽  
Local Cultures

Abstract: Efforts to bring together the synergity of positive legal products and the value of morality of the nation as the wisdom of local cultures to-Indonesiaan needs the seriousness of various parties. Specifically, the provisions of the law governing adultery that truly reflect the aspirations and values that live in the community and are moral mirroring, are indispensable to the attention of many other aspects that Need to also note. While awaiting its realization, the author considers it to be no longer the time when all parties excuse that the freedom and privacy of a person in the sex field is ' closed ' to the law, so that the criminal law stops at the front door of the room. Therefore, maintaining the notion of adultery according to the PENAL code (which is now in force), is the same by validating the sofsion of the values of goodness that live in society. Do we have to be flashed and want to keep that detrimental ' privacy '? Do we still have to ' endure ' by skipping.The formulation of TP fornication in the RUU KUHP has a wider scope than arranged in the KUHP. This is reflected in article 417 and article 419 RUU KUHP, which arranges about the deed of intercourse with a person who is not a husband or his or his/her "collect Kebo" act. Controversy appear as the Delik fornication arranged in both of the article is a complaints delics (still equal to the Delik fornication in article 284 KUHP). The fornication act is not changed to a common delics that can be reported by anyone who knows the deeds. From the subject side, the right to complain has been expanded in a RUU KUHP, which can be complained by a husband, wife, parent, or child.Keywords: Free sec, positive law, national morality

Foucault

2017 ◽  
Author(s):  
Vincenzo Ferrone
Keyword(s):  
Eighteenth Century ◽  
Immanuel Kant ◽  
Michel Foucault ◽  
Western World ◽  
The Core ◽  
The Enlightenment ◽  
History Of ◽  
The Subject ◽  
Core Identity ◽  
The Right

This chapter examines how Michel Foucault reformulated the philosophical issue of the Enlightenment by moving from a deliberate rereading of the Hegelian Centaur to an advocacy of the “death of man”—the extinction of a rational platform of knowledge along the lines developed by Immanuel Kant and the Enlightenment at the end of the eighteenth century. It considers Foucault's genealogical historiography, a new and original tool for the analysis of history, and his arguments against the idea of a necessary and defining connection between knowledge and virtue, which had been the core identity of the Enlightenment, the link between power and knowledge, and the rise of disciplinary violence in the history of the Western world. Finally, it explores Foucault's view that “critique is the movement by which the subject gives himself the right to question truth on its exercise of power, and to question power on its discourses of truth.”

scholarly journals Category of guilt in criminal law: economic approach

2018 ◽  
Vol 2 (4) ◽  
pp. 98-105
Author(s):  
O. Bibik
Keyword(s):  
Risk Management ◽  
Criminal Law ◽  
Criminal Liability ◽  
Civil Law ◽  
Economic Approach ◽  
Negative Consequences ◽  
Potential Offender ◽  
The Subject ◽  
The Right ◽  
Criminal Legislation

The subject of the paper is guilt as criminal legal category.The main aim of the paper is to confirm or disprove the hypothesis that there is a need for risk management in order to prevent crime.The description of methodology. The author uses economic approach and the theory of rational choice as well as the dialectic and formal-legal methodology.The main results and scope of their application. The greater the probability of socially dangerous consequences of actions, the greater the risk, the greater the degree of guilt of the subject and the degree of danger of the crime. In criminalization the risks should be optimally distributed between the state (installs criminal prohibitions) and the citizens (complying with those prohibitions), as well as between the potential offender and the victim. It is necessary to quantify the risk of socially dangerous consequences (for example, as a percentage) for each form of guilt. This will make it possible to streamline and develop forms of guilt, to correlate specific types of guilt with specific crimes in terms of the risks that the crime carries. New forms of guilt, in particular criminal ignorance, need to be introduced. Unlike negligence, which is difficult to control, ignorance, as well as competence, can be fully controlled. It is necessary to take into account the guilt of the victim, who by his behavior contributed to the crime. If the victim has not taken all precautions ( the more provoked the offender) - he must share the overall result, bear the risk of socially dangerous consequences. If there is a violation of the rules of conduct by the offender and the victim, the court should have the right to substantially mitigate the punishment or to refuse to apply it at all, taking into account the nature and extent of the violations committed by each party. For example, with regard to crimes of minor gravity when the victim provoking a crime, failure to take precautions should provide for mandatory exemption from criminal liability with compensation for harm in civil law. Premeditated intent seriously complicates the disclosure of crimes. This intent should be seen as a basis for more severe sanctions. The results of research may be used as the basis of correction of the criminal legislation.It is concluded that any form of guilt in any legal system is based on an assessment of the risks of negative consequences.

On the Question of the Theoretical Foundations of Regulating Justifiable Defense in Criminal Legislation

2021 ◽  
Author(s):  
S.V. Parhomenko ◽  
Keyword(s):  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
Legislative Regulation ◽  
Russian Constitution ◽  
The Subject ◽  
The Moment ◽  
The Right ◽  
Criminal Legislation ◽  
Theoretical Foundations

The article considers the problem of creating effective criminal legal guarantees for the natural human rights realization in terms of legal regulation of such a circumstance that precludes the criminality of an act, as a necessary defense. The need for legislative regulation of the justifiable defense institution is proved by its social and legal purpose, proceeding from the idea of natural law. To make balanced legal decisions on the justifiable defense regulation in criminal law, it is necessary to identify the shortcomings of the previous theoretical and legal approaches. Basing on the analysis of the federal legislation provisions and the criminal law doctrine, the author proposes a model of legislative regulation of the studied norm. At the same time, it is argued that the subject of defense is the main addressee of the normative provisions on the justifiable necessary defense, it is he who should be able to obtain full information that affects the assessment of the legitimacy of his behavior: from the law and until the moment of implementation of the act of defense, and not at the stage of investigation on the fact of its illegality. Following the letter and spirit of the Russian Constitution, the legislator, who has defined the range of acts prohibited by the Criminal Code, must determine the ways of exercising the right to defense. The solution to this problem must have a differentiated approach, taking into account the value of the protected good and the typical nature of the situation in which this good is threatened with harm.

A Note on Broadmoor Patients

1951 ◽  
Vol 11 (1) ◽  
pp. 57-66 ◽  
Author(s):  
R. M. Jackson
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
The Other ◽  
Home Office ◽  
The Subject ◽  
The Right

It is not easy for students to see the subject of insanity and the criminal law as a whole. There is virtually no difficulty over what happens in court, for lawyers are concerned with that and it is adequately described in law books, notably in Archbold. But that is only part of the business, the other part being the concern of administrators. There is no mystery about what the officials do or about the reasons for their actions, and the application of intelligence to published material would give the student the right answer. However, a student may not get things right that way, as I remember that I failed to do (though whether by insufficiency of intelligence or of application I cannot say). I learned about these things when as a Home Office official I came to take part in working the system. The purpose of this note is to give students the framework of the subject. The Criminal Justice Act, 1948, has made some changes, and it is convenient to consider first the position before that Act and to begin with a trial on indictment.

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