Commison vs Omission/ Causation
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Questions and Answers

What is the primary focus of the social theory of action in criminal law?

  • The role of law enforcement
  • Strict liability offenses
  • The social context of conduct (correct)
  • The individual physical perpetrator

How does the Dutch doctrine of functional perpetration differ from traditional views of criminal liability?

  • It relies on intent alone for liability
  • It incorporates corporate conduct into liability (correct)
  • It removes the necessity for physical movement (correct)
  • It focuses solely on the individual perpetrator

What is meant by 'normative criteria' in the context of the social theory of action?

  • Criteria established by social and legal norms (correct)
  • Criteria that disregard social context
  • Criteria that are purely factual and objective
  • Criteria based solely on the defendant's past behavior

What role does social rank play in assigning criminal liability?

<p>It can lead to responsibility for others' actions (B)</p> Signup and view all the answers

Which doctrine is associated with the concept of hegemony over the act in regard to criminal responsibility?

<p>The German legal system (A)</p> Signup and view all the answers

What aspect of criminal liability is emphasized by the inclusion of social context in evaluating actus reus?

<p>The agency of rational actors (C)</p> Signup and view all the answers

In which system is there still formal adherence to the causal theory of action?

<p>English system (C)</p> Signup and view all the answers

What shift does modern criminal liability reflect regarding the responsible parties in a crime?

<p>An acknowledgment of indirect influence and corporations (B)</p> Signup and view all the answers

What difficulty arises when determining liability in cases of impaired consciousness?

<p>Voluntary control is easily asserted. (A)</p> Signup and view all the answers

In the case of R v Quick, what was the nature of the defense used by the defendant?

<p>Automatism triggered by hypoglycaemia (D)</p> Signup and view all the answers

What characteristic is relevant when assessing the culpability of a person committing acts while sleepwalking?

<p>They may not be acting with conscious mind or will. (C)</p> Signup and view all the answers

Why might courts exhibit leniency in cases involving mental illness but not insanity?

<p>Courts recognize the potential for temporary impairment of control. (D)</p> Signup and view all the answers

Which of the following scenarios exemplifies a potential case of automatism?

<p>A young woman commits robbery in a dissociative fugue state. (A)</p> Signup and view all the answers

How does the concept of conduct requirement relate to public protection and fairness to individuals?

<p>It aims to balance public safety against uncontrollable behavior. (A)</p> Signup and view all the answers

In R v Parks, what factors contributed to Kenneth Parks's actions during the event?

<p>He was suffering from financial and personal stress. (A)</p> Signup and view all the answers

Which of the following statements reflects a common misconception about temporary unconsciousness in legal contexts?

<p>Temporary unconsciousness is often viewed similarly to permanent insanity. (B)</p> Signup and view all the answers

What is a primary reason that conduct without voluntary control cannot be considered criminally relevant?

<p>The individual was unaware of their actions. (A), It lacks the necessary mens rea. (C), The conduct is not intentional. (D)</p> Signup and view all the answers

In the scenario where Rob is pushed by Peter and injures Carl, who would likely bear criminal responsibility?

<p>Peter, for using Rob as an instrument. (B), No one, since it was an accident. (C)</p> Signup and view all the answers

Which of the following best illustrates the concept of 'vis absoluta' in criminal law?

<p>A sleepwalker committing a harmful act. (B)</p> Signup and view all the answers

What are the two main ways a person can lose voluntariness in their conduct?

<p>Impaired consciousness and external interference. (B)</p> Signup and view all the answers

Which of the following actions is least likely to be considered a product of voluntary control?

<p>A reflexive jerk from a sudden sting. (A), Kicking out during an involuntary spasm. (C)</p> Signup and view all the answers

Which principle would likely apply if a person suffers from an externally induced condition that affects their behavior?

<p>Causation in criminal law. (B), Intervening causes. (D)</p> Signup and view all the answers

When can an event be considered an 'accident' in relation to criminal liability?

<p>When a lack of control is evident. (D)</p> Signup and view all the answers

How does a victim's conduct potentially impact the assessment of criminal liability?

<p>By indicating a possible provocation. (D)</p> Signup and view all the answers

Flashcards

Conduct Requirement Pitfalls

Difficulties in balancing public safety and individual responsibility when a person lacks voluntary control over their actions.

Lack of Voluntary Control

A defense claiming an individual lacked the ability to choose to perform an action, potentially negating the actus reus (guilty act).

Actus Reus

The guilty act; a necessary element of most crimes.

Temporary Impaired Consciousness

A state where someone is temporarily unable to control their actions, such as due to a mental illness (e.g., stress psychosis, PTSD), or a fugue state.

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Automatism Defense

A legal defense claiming a lack of conscious control over an action.

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Psychogenic Fugue

A dissociative disorder, a temporary loss of awareness or memory, often triggered by trauma.

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Sleepwalking and Criminal Acts

Crimes committed during sleepwalking raise complexities in proving voluntary conduct.

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Public Protection vs. Individual Rights

The ongoing tension in legal systems between needing to protect the public and treating individuals with fairness.

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Criminal Liability & Voluntary Conduct

Voluntary control over actions is a crucial element of criminal responsibility, more fundamental than intent or awareness of consequences.

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Impaired Consciousness (Criminal Liability)

A loss of reasoning and self-control, often due to impaired consciousness, can negate criminal liability.

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Loss of Physical Control (Criminal Liability)

If a person loses physical control over their motions due to external events, their actions are not considered criminal since they lack voluntary control.

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Vis Absoluta (Criminal Liability)

A legal principle stating that a person forced into an act by another person cannot be held responsible if they didn't willingly commit the harmful action.

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Reflexes & Criminal Liability

Reflexive actions, like dropping a glass after being stung, are not considered criminal acts because they lack voluntary control.

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Spasms & Criminal Liability

Spontaneous muscle spasms that cause harm aren't considered criminal acts as they occur without voluntary control.

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Criminally Relevant Conduct

Actions that are under a person's voluntary control and can be determined as a cause of harm. Actions where there is no willed control aren't considered criminal.

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Human Agency vs. Accident (Criminal Liability)

Criminal liability is determined by the voluntary act of the person. Unintentional harm, accidents, or natural events don't spring from 'human agency'

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Social theory of action

A theory describing and evaluating conduct within specific social frameworks, considering social and legal norms. It combines descriptive and normative elements.

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Criminal liability without physical movement

Holding someone responsible for a crime even if they did not physically commit it, based on their social control over the offender.

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Corporate criminal liability

Applying criminal responsibility to organizations, considering their actions and the role of social networks.

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Functional perpetration

Dutch doctrine where criminal liability is attributed based on the roles within an organization that contribute to the crime.

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Hegemony over the act

German legal concept of criminal liability for those who had control over the act, preventing a crime.

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Rational agents

Individuals considered capable of making rational choices and acting according to reason.

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Causal theory of action

A theory of action that emphasizes the cause between criminal actions, focusing on the causal link with outcome.

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Study Notes

Chapter V: Commission Versus Omission

  • Criminal liability requires some form of conduct
  • Traditional legal doctrine focuses on positive action
  • Act requirement is often referred to as fundamental requirement
  • Criminal justice systems frequently punish omissions, not just actions
  • Offences of commission and omission are both discussed

Chapter VI: Causation

  • When harm occurs, there is an intuitive questioning of what caused it and responsibility
  • Causal reasoning is vital in everyday life and scientific contexts
  • Criminal liability's essential task is to distinguish human causes from accidents
  • The doctrine of causation distinguishes human actions from other causes
  • Individuals are considered responsible agents
  • The doctrine is used to determine whether a harm/result is from a criminal event/action
  • Causation plays a role in many crimes, not just homicide
  • Causation can be a complex issue in criminal law, due to various contributing factors, and a cause can have more than one result, and one result more than one cause

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