Introduction to Criminal Law

Why are some actions “criminal” and others are not?

•      Theorists have focused on the targeting of harm and conduct that infringes the autonomy of the victim when explaining why some actions are criminal and others are not.

Criminal v Civil Law

•      Tort law, that consists of part of the civil law, is very similar to criminal law. It sometimes even shares the same definitions and common history.

•      The fundamental difference is that in Tort Law the injured party seeks monetary compensation from the defendant (D).

How does Criminal Law work?

•     “Harm Principle”
•     “Offence Principle”
•     “Legal moralism”
•     “Legal Paternalism”

The Main Actors in the Criminal Justice System:

• The Police
• Crown Prosecution Service (CPS):
• Director of Public Prosecutions (DPP- head of CPS)
• The Defendant
• The Jury
• The Judge

The most important structural devises for offences

•      Actus reus (guilty act): Wrongful conduct, consequences required for liability.

•      Mens rea (guilty mind): Wrongful state of mind that the defendant must have when completing the Actus Reus.

•     Defence elements: All the elements should be fulfilled for a defence to take place.