Criminal Law: Theories of Criminalisation

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What is the primary focus of substantive criminal law?

The evaluation of the defendant's character and motivations

The study of criminal procedure and evidence

The examination of the circumstances surrounding the crime and its effect on the victim (correct)

The analysis of the court's decision-making process

What is the traditional justification for criminalisation?

The prevention of harm to others (correct)

The maintenance of social order

The punishment of moral wrongs

The protection of individual autonomy

What is the aim of the court when interpreting an imprecise offence or defence?

To determine the defendant's intentions

To evaluate the effectiveness of the criminal justice system

To examine the role of the victim in the crime

To identify the mischief that the offence was designed to target (correct)

What was the outcome of the case of Wilson, who branded his initials on his wife's buttocks with a hot knife?

The court ruled that the wife's consent was not valid and D was liable Signup and view all the answers

What is the term used to describe the harm or wrongdoing that an offence is designed to target?

Mischief Signup and view all the answers

What is the primary consideration when determining what should be criminalised?

The impact on the victim's autonomy Signup and view all the answers

What is the purpose of evaluating the effectiveness of an offence?

To assess whether the offence definition targets the identified mischief and avoids overly broad criminalisation Signup and view all the answers

What is the main difference between criminal and civil law?

Criminal law focuses on punishment, while civil law focuses on compensation Signup and view all the answers

What is the role of the Crown Prosecution Service (CPS) in the criminal justice system?

To prosecute on behalf of the state and review evidence gathered by the police Signup and view all the answers

What is the burden of proof in criminal cases?

Beyond a reasonable doubt Signup and view all the answers

What is the purpose of sentencing guidelines?

To guide judges in determining appropriate sentences Signup and view all the answers

What is the role of the police in the criminal justice system?

To investigate suspected offences and gather evidence Signup and view all the answers

What is the role of the defence in a criminal trial?

To raise a reasonable doubt in the prosecution's case Signup and view all the answers

What is the composition of a jury in a crown court trial?

12 people Signup and view all the answers

What is the purpose of the sentencing council?

To provide detailed guidelines for sentencing Signup and view all the answers

What is the difference between a criminal and civil case?

Criminal cases involve the state, while civil cases involve private parties Signup and view all the answers

What is the actus reus of the crime of battery?

Making unlawful physical contact with another Signup and view all the answers

What is the purpose of the principle of fair warning?

To provide clear communication of the law to the public Signup and view all the answers

What is the mens rea of an offence?

The state of mind or fault that the defendant must have when committing the offence Signup and view all the answers

What is the principle of autonomy primarily concerned with?

The autonomy of a potential offender Signup and view all the answers

What is the purpose of the principle of fair labelling?

To ensure accurate correlation between the name of an offence and the conduct it criminalises Signup and view all the answers

What are the two core elements of the defence of self-defence?

That the defendant acted with an honest belief in the need for preventative force and that the force used was reasonable Signup and view all the answers

What is the role of the jury in a criminal trial?

To decide on matters of fact only Signup and view all the answers

Who is responsible for summing up the facts and directing the jury on the law in a trial?

The judge Signup and view all the answers

What is the standard of proof required for the prosecution to prove a defendant's guilt in a criminal trial?

Beyond a reasonable doubt Signup and view all the answers

What is the purpose of the reverse burden of proof in a criminal trial?

To shift the burden of proof from the prosecution to the defendant Signup and view all the answers

What is the role of the doctrine of precedent in the criminal court structure?

To interpret the law more predictably Signup and view all the answers

What is the primary source of law for a statutory offence in England and Wales?

Statutory law Signup and view all the answers

What is the purpose of the Human Rights Act 1998 in relation to the European Convention on Human Rights?

To allow the ECHR to be applied directly in domestic courts Signup and view all the answers

What is the role of the Law Commission in relation to the reform of criminal offences and defences?

To provide a powerful and persuasive influence on the reform of criminal offences and defences Signup and view all the answers

What is the actus reus of an offence?

The wrongful act or consequences required for liability Signup and view all the answers

What is the function of a code in relation to criminal offences and defences?

To bring together all the major criminal offences and defences in a single document Signup and view all the answers