LL1014 CRIMINAL LAW I Essay Example | Topics and Well Written Essays - 2000 words - 1

LL1014 CRIMINAL LAW I - Essay ExampleBoth truth and morals regulate human conduct in allied but essentially distinct ways. righteousness tells us what is right, while ethics is not so categorical and definite in its approach. The opinion was withal supported by Maitland in connection to the British law(Pollock and Maitland, History of English law, vol.2). Miller defines crime to be the commission or the omission of an mold which the law forbids or commands under pain of a penalization to be imposed by the state by a proceeding in its own draw( Miller, Criminal Law, p.15 ). The basis of savage law is that there are certain standards of behaviour of moral principles which auberge requires to be observed (Devlin P. 1965, The Enforcement of morals, p.6-7). Law prescribes consequences for its breach. The function of criminal law as spotlighted by the Wolfenden Committee newspaper publisher (1958), is to preserve public order and decency (Berg C. 1959, Fear,Punishment,Anxiety and The Wolfenden Report). We call such consequences liabilities. Liability is the bond of necessity that exist mingled with the wrong doer and the remedy of the wrong. Having gone through the definition of crime and criminal liability, it would be utile to have a precise idea of the essential conditions which give rise to criminal liability. The general conditions of criminal liability are indicated with sufficient accuracy in the maxim actus non facit reum nisi mens sit rea, that is the act altogether does not amount to guilt, it must be accompanied by a guilty mind. From this maxim follows another(prenominal) proposition actus me invito factus non est mens actus which means an act make by a person against his will is not his act at all. Actus reus is such result of human conduct as the law seeks to prevent. The act done or omitted must be an act forbidden or commanded by some law. Russel calls actus reus as the physiological result of human conduct ( Russel, Crime,vol.1,p.20).