Criminal Law Basics PDF

Elements of a Crime To effectively understand crime, it is crucial to recognise its foundational elements, including (1) actus reus; (2) mens rea; (3) concurrence; (4) causation; (5) harm; (6) attendant circumstances; (7) legality, and (8) punishment. 1. Actus Reus: This is the tangible action...

Elements of a Crime To effectively understand crime, it is crucial to recognise its foundational elements, including (1) actus reus; (2) mens rea; (3) concurrence; (4) causation; (5) harm; (6) attendant circumstances; (7) legality, and (8) punishment. 1. Actus Reus: This is the tangible action that constitutes the crime. Whether it is a direct act or a failure to act when required, this physical component is essential in defining criminal behaviour. 2. Mens Rea: Equally important is the mental state behind the action. The intent— ranging from negligent to purposeful—determines the severity of the crime and the culpability of the offender. 3. Concurrence: For a crime to truly exist, the act and the intent must occur together. This means that the offender's intent must coincide with the actus reus, making the crime a seamless event. 4. Causation: Establishing a clear connection between the act and its outcome is vital. This element ensures that the harmful result is directly linked to the individual’s actions, affirming accountability. 5. Harm: Achieving justice requires recognising the damage inflicted, whether physical, emotional, or economic. The harm caused must be substantial enough to warrant legal intervention. 6. Attendant Circumstances: Some crimes require specific circumstances to be present. For example, burglary requires unlawful entry into a building with the intent to commit a crime. The particular circumstances will vary depending on the crime. 7. Legality: A fundamental principle is that there must be a law outlining the act as a crime. This ensures that no one can be punished without prior legal definition, maintaining fairness. 8. Punishment: Finally, there must be a legal consequence for the act. This punishment not only serves as a deterrent but also reinforces societal norms and promotes justice.  Distinguish the following Terms (plaintiff, defendant, complainant, accused, appellant, respondent, petitioner) Term Definition Context/Usage Plaintiff The party who initiates a lawsuit by Civil cases filing a plaint against another party in a civil case. Defendant The party against whom a lawsuit is Civil cases filed. The defendant responds to the claims made by the plaintiff. Complainant The person who brings a complaint to Criminal cases the authorities, especially in criminal cases. They claim they have been wronged or harmed. Accused The person who has been charged with Criminal cases committing a crime. Appellant The party who files an appeal, Appeals process challenging the decision of a lower court. Respondent The party who responds to an appeal or Appeals process petition filed by another party. Petitioner The party who initiates a petition to the Used in civil cases, court, requesting legal action or a appeals, or family law ruling. matters. While ‘petitioner’ is more commonly used in civil cases, it can still apply in criminal cases where a person is requesting a court to take a specific legal action, such as releasing them from custody, granting bail, or reconsidering a decision.  Criminal and Civil Wrong and Human Rights Violations Criminal wrongs are offenses against society as a whole, prosecuted by the state. Key characteristics: Punishable by imprisonment, fines, or other penalties Intent (mens rea) usually required Higher burden of proof (beyond reasonable doubt) Examples: theft, assault, murder. Civil wrongs (torts) are disputes between private parties: Remedy is usually monetary compensation/damages Intent not always required (negligence can be sufficient) Lower burden of proof (preponderance of evidence) Examples: negligence, defamation, breach of contract. Human rights violations occur when fundamental rights are denied: Can be committed by states or private actors Protected by international law and conventions Examples include: o Right to life o Freedom from torture o Right to fair trial o Freedom of expression o Right to education. These categories can overlap - a single act may be: A crime (prosecuted by the state) A civil wrong (sued by victims) A human rights violation (sued by entities having locus standi) It means that the evidence must be so convincing that there is no reasonable way to question the guilt of the accused. In simple terms, it is like saying, I am almost 100% sure this person did it, and there’s no good reason to think otherwise. If there is any reasonable doubt, the accused should be found not guilty. It means that one side’s argument is more likely to be true than the other side’s. For instance, in simple terms, it is like saying, I am more than 50% sure this side is right.