Criminal Law II Overview

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Questions and Answers

Which term refers to a form of self-justification claiming one was forced to act as they did?

Necessity

Self defence

Duress (correct)

Mistake

What is a significant aspect of involuntary intoxication in criminal law?

It requires the defendant to prove previous intoxication.

It is always considered a valid defense.

It negates the mens rea required for a crime. (correct)

It applies only to violent crimes.

What is a key characteristic of public defence?

It is based on the need to protect the public. (correct)

It requires permission from the victim.

It is limited to property crimes.

It allows for private retribution.

Which scenario describes 'Dutch Courage' in legal contexts?

Consuming alcohol to alleviate fear before an act. Signup and view all the answers

What does the two-part test in duress evaluate?

The immediacy of threat and the reasonableness of the defendant's fear. Signup and view all the answers

What is the primary aim of criminal law as defined in the course description?

To control misconduct in society Signup and view all the answers

What must be proven to establish an offense in criminal law?

The elements of the offense Signup and view all the answers

Which type of manslaughter occurs without the relevant mens rea?

Manslaughter by an unlawful act Signup and view all the answers

What type of manslaughter is characterized by gross negligence?

Gross negligence manslaughter Signup and view all the answers

What is a key outcome students should be able to judge after completing the course?

Whether criminal law fulfills its purpose of societal control Signup and view all the answers

Which of the following is a component essential for understanding assault and battery?

Differentiation between assault and battery Signup and view all the answers

What is required to appreciate defenses in criminal law?

Awareness of legal jargon Signup and view all the answers

Which of the following is NOT a prerequisite for this course?

Criminal Justice Ethics Signup and view all the answers

What is defined as 'assault occasioning actual bodily harm'?

Causing physical injury that requires medical treatment. Signup and view all the answers

Which of the following best describes 'grievous bodily harm'?

Severe injury that could endanger life or cause permanent injury. Signup and view all the answers

What does the offence of 'wounding with intent' imply?

Causing visible injuries to another individual with premeditated intent. Signup and view all the answers

How is 'battery' defined in relation to statutory offences?

The act of making contact with another person in a physical manner. Signup and view all the answers

What is the key element of mens rea in the context of grievous bodily harm?

The intention to cause serious harm or injury. Signup and view all the answers

Which offence entails possessing an item with the intent to cause harm?

Possession of weapons. Signup and view all the answers

Which of the following constitutes the actus reus for grievous bodily harm?

Causing serious physical injury or harm to another person. Signup and view all the answers

What is the significance of distinguishing between assault and battery in statutory law?

Battery requires an actual physical connection, while assault does not. Signup and view all the answers

What term describes the physical act of committing a crime?

Actus reus Signup and view all the answers

Which element refers to the mental state or intent behind committing a crime?

Mens rea Signup and view all the answers

In what scenario can a person claim withdrawal as a defense?

After facilitating a crime and then changing their mind Signup and view all the answers

Which defense relates to the justification of an act that would otherwise be considered a crime?

Lawful excuse Signup and view all the answers

What does the concept of 'joint enterprise' imply in criminal liability?

Liability is shared among accomplices regardless of intent Signup and view all the answers

What is a characteristic of strict liability offenses?

They require a voluntary act only Signup and view all the answers

Which of the following can be categorized as a complete defense?

Mistake of fact Signup and view all the answers

Under which condition can a person claim insanity as a defense?

When they have a diagnosed mental illness Signup and view all the answers

Study Notes

Criminal Law II Course Information

Course Name: Criminal Law II
Course Code: CJUS2201
Credits: 3
Contact Hours: 45 (45 hours theory)
Pre-requisite: Criminal Law I
Co-requisite: None
Semester: Not specified

Course Description

Introduces the history, theory, and practice of criminal law, and its application in the criminal justice process.
Aims to define criminal law as rules to control misconduct in society.
Clarifies why convictions are attached to specific accused individuals.
Builds upon concepts from Criminal Law I, extending coverage to additional areas of law related to criminal activities.

Course Outcomes

Students should be able to judge whether criminal law effectively controls society.
Students should understand the elements of an offence and how they are proven.
Students should know that some crimes can be committed without fault.
Students should be able to appreciate defences available after a crime is committed.
Students should apply basic principles and concepts of criminal law.
Students should recognize parties, responsibilities, resources, and entities in the criminal justice system.
Students should effectively use legal jargon.

Unit I - Involuntary Manslaughter (5 hours)

Learner Outcomes:
- Analyze circumstances where murder's actus reus occurs without mens rea.
- Explain two forms of involuntary manslaughter: unlawful act and gross negligence.

Unit II - Non-Fatal Offences Against the Person (5 hours)

Learner Outcomes:
- Differentiate between assault and battery.
- Explain statutory offences of assault occasioning actual bodily harm, grievous bodily harm, and wounding with intent.

Unit III - Sexual Offences (6 hours)

Learner Outcomes:
- Define 'rape' and 'grievous sexual assault' using the Sexual Offences Act 2009.
- Examine the concept of 'marital rape' and its legal status.
- Critically evaluate sentencing practices in rape cases.

Unit IV - Larceny, Robbery, and Burglary (8 hours)

Learner Outcomes:
- Differentiate between larceny, robbery, and burglary.
- Explain the actus reus and mens rea of each offence.

Unit V - Inchoate or Incomplete Offences (6 hours)

Learner Outcomes:
- Explain how inchoate offences are committed.
- Outline the relationship between incitement and the full offence.

Unit VI - Principal Participants and Secondary Offenders (6 hours)

Learner Outcomes:
- Examine various roles in criminal activity.
- Evaluate court willingness to hold people criminally liable in joint enterprise situations.
- Explain instances where a 'withdrawal' defense is applicable.

Unit VII - Criminal Damage (3 hours)

Learner Outcomes:
- Examine the scope of damage to property.
- Evaluate lawful excuse defenses in criminal damage cases.

Unit VIII- Defences (6 hours)

Learner Outcomes:
- Examine special and partial defenses.
- Analyze general defenses available to defendants.

Methods of Delivery

Discussion
Lectures
Guest lectures
Interviews
Observations
Presentations
Case studies
Problem solving
YouTube presentations
Debating

Methods of Assessment and Evaluation

Course work (40%):
- Case studies and analysis
- Presentation/research
Final Exam (60%):
- Five essay type questions (choose 3)
- Compulsary case study and analysis (1)

Prescribed and Recommended Texts

Specific texts are listed.

Online Resources

Internet resources related to criminal law are listed.

Studying That Suits You

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Description

Explore the essential elements of Criminal Law II, where students deepen their understanding of criminal law history, theory, and practice. This quiz will cover the key concepts presented in the course, including the effectiveness of criminal law in controlling society and the elements involved in proving offenses.