THE EFFICIENCY OF STRICT LIABILITY IN CRIMINAL LAW Most offences are now defined by statute. Usually the statute will state whether the offence requires a mental element and also define what the mental element is. Often the definition uses a word or phrase like “knowingly”, “recklessly”, “wilfully” and “dishonestly” in which it gives guidance to the court. But in some statute this kind of word or phrase is absence, hence the court will find that mens rea is not required. And this is basically in what so called strict liability and it is also can be seen an exception to the general principle of a criminal liability.
The criminal justice system is that subsystem of the national legal system which determines the circumstances in which and the procedure according to which individuals may be punished by the state for conduct that is defined as a crime. For the sake of convenience, a distinction is normally drawn between the substantive aspects of the criminal justice system and its procedural aspects. The study of criminal law generally focuses on substantive law; namely, the principles of law according to which criminal liability (guilt) is determined, whilst the law of criminal procedure, together with the law of evidence, focuses on the manner in which this is done, together with the way in which offenders and suspected offenders are to be treated by the
The public prosecutor’s office represents an organ for criminal justice. Public prosecutors as those who carry out the tasks of the office (and who by law have already been granted the relevant legal authority by the law not transmitted from a decision by the relevant prosecutor general), are significant agents in criminal prosecution (and, to a limited extent, non-criminal justice). The public prosecutors must ensure protection of the public interest (not the closely related concept of state
Criminal law prohibits and punishes the behaviors judged to be antisocial. Because each country’s laws are a mirror image of its values, there are often large differences among the national laws of different countries. Both with regard to the nature of the crimes themselves and the penalties considered suitable. The term ‘international criminal law’ refers variously to at least 3 different areas such as cooperation between diverse national legal systems through extradition and other types of mutual legal support, prohibition and punishment of certain behaviors’ by a number of countries acting cooperatively or by the international community as a whole and the operation of autonomous international legal systems, pertaining courts and other mechanisms of enforcement, that exist alongside with national criminal law .
Actus reus is the guilty deed or act and mens rea is the guilty state of mind. The notion of omissions in criminal law relates to the actus reus element of a crime. Definition Omissions is defined in the oxford law dictionary as “a failure to act”. This simply means when a person is bound to do something but omits to do so. Jonathan Herring defines omissions as the defendant is only guilty of a crime when failing to act, where he or she is under a duty to act.
It is the positive law of duties and rights. It refers to the meaning of life, liberty, and property, applies mainly to criminal law, that is, to the definition of crimes and punishments. Substantive law determines the rights and duties of a person and it deals with the structure and facts of the case. The law has independent power and capacity to decide the fate of the case. In any way it cannot be applied in non-legal contexts.
The third obstacle was the ultra vires doctrine, under which courts would not hold corporations accountable for acts, such as crimes, that were not provided for in their charters. Finally, the fourth obstacle was courts' literal understanding of criminal procedure; for example, judges required the accused to be brought physically before the court. However, by the middle of the nineteenth century, the concept gradually evolved and various courts held that corporations that were obligated by their corporate charters to maintain public bridges or highways could be criminally charged if they failed to discharge their duties. Until the late twentieth century and early twenty first century, the law was disinclined to impose criminal liability on the corporations mainly on the basis that the corporations lacked the requisite mens rea or guilty mind commit an offence; and that corporations cannot be imprisoned. The basic principle of criminal liability is based on the Latin maxim “actus non facit reum, nisi mens sit rea”.
INTRODUCTION T HE law that guides the conduct of criminal proceedings is called the law of criminal procedure. The criminal procedure of any jurisdiction is the heart of the criminal justice framework. It is the vehicle by which justice is delivered. Criminal procedure is generally understood as that body of law governing the legal treatment of a criminal deed from the offence until an unappeasable decision (acquittal or conviction). It is thus described as the process, by which the guilt of a possible wrongdoer may be legitimately established and a criminal sanction attributed.
Q1 Discuss the concept of crime and how the content of crime changes along with the changing needs of the society by giving appropriate examples. Crime means an unlawful act, which is punishable by the state. In modern criminal law, the term "crime" does not have any simple and universally accepted definition, however, the most popular view is that crime is a act forbidden by law; in other words, something is a crime if it is declared so by the applicable law of its country. The notions that acts such as theft, murder and rape are to be prohibited are universal. While many countries a catalogue of crimes called the criminal code, in some common law countries no such comprehensive statute exists.