Criminal Process: Crime Committed > Investigation > Arrest > Suspect Questioning > Suspect Charged > Trial > Sentencing
Trial Process: Plea > Prosecution’s Case > Defendant’s Case > Summing Up > Verdict
Conceptions of Crime:
Behaviour that is perceived as criminal is not necessarily behaviour that is legally criminal.
Mala in se: Crimes that involve wrong conduct, most importantly against human and social interest. Sometimes referred to as ‘true crimes’ as they are morally wrong.
EG: Murder, assault, theft etc.
Mala prohibita: Crimes that are not necessarily morally wrong but prohibited by law. This is to prevent harm to both oneself and society.
EG: littering, speeding while driving etc.
Defining Crime:
Prosecution and Procedure:
A crime is whatever is governed by criminal procedure. A threat of punishment is set by the state, which is enforced by coercion by the state to maintain order.
The Presumption:
Defendants are presumed innocent until proven otherwise.
The Burden:
Criminal law focuses on the legal threshold that the prosecution must satisfy to attain a guilty verdict, and how the defence can disprove a crime.
The burden of proof for a crime is so high ('beyond reasonable doubt') that an innocent person cannot be incorrectly charged. This ensures that those in positions of power cannot maliciously frame innocent people.
Public Interest:
The prosecution only acts against a crime when it is in the public interest.
The evidential test is conducted (usually by the CPS) before the case goes to trial to determine whether the evidence is likely to be sufficient to prove guilt beyond reasonable doubt. It also checks whether it is in the state / public interest to pursue prosecution.
Victims:
Criminal offences do not have to have a victim, unlike a civil wrong.
The Criminal Law:
Creators of Criminal Law:
Parliament
Regulatory Bodies
Local Authorities
(formerly) The EU
The World Trade Organisation
Civil Servants
Purpose of the Criminal Law:
Moral condemnation and retribution for actions.
Regulation of harm.
Purpose of Sentencing:
Punishment of offenders.
Reduction of crime.
Reform / rehabilitation of offenders.
Protection of the public.
Making reparation to people affected by the offender.
Limits to Criminal Law:
Must respect autonomy of (suspected) offender.
Must only convict and punish when that is the fair outcome.
Breadth of the Criminal Law:
It is estimated that there are over 10,000 criminal offences in England and Wales, with approximately 3000 created since 1997. As of 2010, the Law Commission estimates that 3000 pieces of secondary legislation is passed each year.
Private Eye Magazine: ‘The shame of Britain’s binge law making’; ‘These people were just spewing out law after law. It was sickening’.
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