Week 1
The intentional infliction of suffering.
(Harts definition included
1. pain or unpleasantness
2. must be fore an offence against legal rules
3. must be of an actual or supposed offender
4. must be intentionally admitted by other people
5. must be imposed by an authority with a legal system )
What is punishment?
Murder, Voluntary Manslaughter and Involuntary Manslaughter are the main homicide offences in which jurisdiction?
What is English Law?
Self defence and Necessity belong to this category.
What is justifications?
More than mere preparation. Conduct that immediately lead to the commission of the offence.
What is an attempt?
Co-perpetration, Instigation, perpetration by means, Direct perpetration and Aiding are found here.
What is G/NL?
The main criticism of this theory is that they don't directly focus on justice or the offence, that is hard to measure its preventative efficacy and to measure its preventative efficacy, and that they punishing the innocent.
What is the criticism of the utilitarian theory of punishment?
Tatbestand, unlawfulness and blameworthiness makes up this.
What is the tripartite structure of a crime?
whether the perpetrator's actions can be excused based on the facts of the case is...
What is blameworthiness
The necessary mens rea for attempt.
What is Intention?
In the UK perpetration and Accessories/ Accomplices are a form of this.
What is participation?
This type of interpretation of the harm principle is when the criminalization is only justified in order to prevent harm to others.
What is Instrumental interpretation?
This is required along with intention to kill/ cause grievous bodily harm for murder in England.
What is Malice aforethought?
Self- defence excess, Duress, Insanity and Diminished Capacity belong to this category.
What is Excuses?
(s.1 (1) Criminal law Act) Agreement between two or more people to commit a crime
What is conspiracy?
In this jurisdiction the concept of co-perpetration doesn't exist.
What is English Law?
A problem with this theory is determining a definition, which is neither too broad or too restrictive.
What is the theory of the legal good?
The difference between these two terms is that is that one is when one does something one is not supposed to do, whereas the other is when one does not act, when one is supposed to
(+100 if proper order)
What is the difference between an act and an omission?
The main difference between between self- defence and necessity.
What is through human behaviour?
This term would apply to this scenario. John a handyman from Leicester is a regular at a local tools shop. John also has a terrible marriage and is struggling to find the will to live. He comes to the conclusion, that his competitor Rob is his biggest problem and hatches a plan to get rid of him. He goes to the store and buys a power saw and a lot of spare sheets. Nothing is thought of it, but John decides not to kill Rob and instead use the tools to work on refurbishing a dog shelter.
What is preparation?
The difference between these two term is that in one the instigator instigates D to commit an offence, but D commits a different one and in the other the instigator instigates to commis an offence, however D is unable to commit the offence.
(+100 if you can label them)
What is the difference between attempted instigation and instigated attempt?
The main consequences of this include:
- Undermining of criminals' rights ---> seen as irremediable evil
- Criminal law as a 'primum medium'.
- overcriminalisation ------> this can be seen in the proliferation of preventive criminal offenses.
- shift towards protective focus of criminal law, also collective interests (public peace, security ecc.) -----> broadening the scope of crim. law.
What is risk society and the culture of control?
Name these three terms in latin. 1. Knowing and wanting the result; 2. knowing 99.9% the result will happen but not wanting it to; 3. not knowing for certain if the result will happen and not wanting it to happen
(+150 for proper order)
What is dolus directus, dolus indirectus and dolus eventualis?
Requirements to establishing self-defence. One is whether the defendant used the least intrusive means and the other is whether the committed offence amounts to less harm than was suffered.
What is subsidiarity and proportionality in self defence?
In this the core of criminal conduct is the actors intention to harm a legally protected interest (meaning the actus reus does not need to be fulfilled for criminal liability to still arise)
What is subjective criminality?
The difference between these two terms is that in one the intermediate is not criminally liable, whereas in the other the perpetrator himself is blameworthy
(+100 if you can label them)
What is the difference between instigation and perpetration by means?