Criminal law: doctrine and theory

Law of the United Kingdom and Ireland > England and Wales > Criminal jurisdiction (Conflict of criminal law)

Edition Details

Creator or Attribution (Responsibility): William Wilson
Language: English
Jurisdiction(s): England
Publication Information: Harlow, England ; New York : Longman, ©2003
Type: Book
Series title: Longman law series.
Permalink: https://books.lawi.org.uk/criminal-law-doctrine-and-theory/ (Stable identifier)

Short Description

Liii, 640 pages ; 24 cm.

Purpose and Intended Audience

Useful for students learning an area of law, Criminal law: doctrine and theory is also useful for lawyers seeking to apply the law to issues arising in practice.

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Bibliographic information

Responsable Person: William Wilson.
Publication Date: 2003
Copyright Date: 2003
Location: Harlow, England
Country/State: England
Number of Editions: 35 editions
First edition Date: 1998
Last edition Date: 2014
Languages: British English
Library of Congress Code: KD7888
Dewey Code: 345.41
ISBN: 0582473012 9780582473010
OCLC: 50645498

Main Contents

Preface Table of Cases Table of Statutes Table of Statutory Instruments Table of United States Legislation Table of International Conventions Abbreviations PART I INTRODUCTION 1 UNDERSTANDING CRIMINAL LAW 1.1 Introduction 1.2 What is the criminal law? 1.3 What are the concerns of the criminal law? 1.4 How are the criminal law’s purposes discharged? 1.5 Where do the rules of criminal law come from? 1.6 Logic and rationality in the criminal law 1.7 Codification 1.8 The draft criminal code 2 DECISIONS TO CRIMINALIZE 2.1 Overview 2.2 Principles and ideas informing decisions to criminalize 3 PUNISHMENT 3.1 Introduction 3.2 Punishment in the liberal state 3.3 Theories of punishment 3.4 Rationality and politics in sentencing 3.5 Conclusion PART II GENERAL PRINCIPLES OF CRIMINAL LIABILITY 4 ACTUS REUS 4.1 Elements of liability 4.2 Interrelationship of actus reus, mens rea and defences 4.3 The Act Requirement 4.4 Exceptions to the act requirement 5 CAUSATION 5.1 Causation as an element in criminal liability 5.2 Causation in crime and tort 5.3 Causation and blameworthiness 5.4 The purpose of establishing causal responsibility 5.5 Causation: the legal position 5.6 Particular examples of causal sequences giving rise to causation problems 5.7 Causation and social justice 6 MENS REA 6.1 Punishment, blame and responsibility 6.2 Choice and character: two models of responsibility 6.3 Subjective and objective fault 6.4 Mens rea and the structure of crime 6.5 The mens rea words and their meanings 6.6 Intention 6.7 Negligence 6.8 Recklessness 6.9 Knowledge and belief 7 STRICT, CORPORATE AND VICARIOUS LIABILITY 7.1 General 7.2 Strict liability offences 7.3 Justifying strict liability offences 7.4 The presumption of mens rea 7.5 Rebutting the presumption 7.6 Defences 7.7 Evaluation 7.8 Corporate and VIcarious liability 7.9 The delegation principle 7.10 The scope of VIcarious liability 7.11 Corporate liability 7.12 The scope of corporate liability 7.13 Problems of attribution 7.14 Why punish companies? 8 RELATIONSHIP BETWEEN ACTUS REUS AND MENS REA 8.1 Concurrence of actus reus and mens rea 8.2 Mistake 9 DEFENCES 9.1 Overview 9.2 A rationale to defences 9.3 The point of distinguishing between justification and excuse 9.4 Excuses 9.5 Involuntary behaviour: general 9.6 Involuntary behaviour I: physical incapacity 9.7 Involuntary behaviour II: non-insane automatism 9.8 Involuntary behaviour III: insanity 9.9 Diminished responsibility 9.10 Mistake 10 DEFENCES 2 10.1 Compulsion: general 10.2 The rationale for excusing on grounds of compulsion 10.3 Compulsion I: duress by threats: the legal position 10.4 Compulsion II: duress of circumstances 10.5 Necessity 10.6 Use of force in public and private defence 10.7 Purposes for which reasonable force may be used 10.8 Justificatory defences: concluding remarks PART III OFFENCES AGAINST THE PERSON 11 NON-FATAL OFFENCES 11.1 General 11.2 Offences protecting physical integrity 11.3 Offences protecting personal autonomy 321 11.4 Defences to offences against the person 327 11.5 Reform of offences against the person 341 11.6 Sexual offences: general 344 11.7 The historical context 345 11.8 The social context 345 11.9 Rape: the elements 12 HOMICIDE 12.1 In general 12.2 Meaning of homicide 12.3 Punishing homicide 12.4 Criminal homicide: overview 12.5 Murder 12.6 Malice mitigated: voluntary manslaughter 12.7 Involuntary manslaughter 12.8 Reforming criminal homicide PART IV PROPERTY OFFENCES 13 THEFT 13.1 Overview 13.2 Theft: the elements 14 DECEPTION AND MAKING OFF WITHOUT PAYMENT 14.1 Offences of deception: overview 14.2 Deception: common elements 14.3 Individual offences 14.4 Obtaining property by deception 14.5 Obtaining a money transfer by deception 14.6 Theft Act 1978 14.7 Obtaining services by deception 14.8 Evasion of liability by deception: general 14.9 Obtaining a pecuniary advantage by deception 14.10 Making off without payment 15 OTHER PROPERTY OFFENCES 15.1 Robbery 15.2 Burglary 15.3 Common features in burglary 15.4 Modes of committing burglary 15.5 Handling 16 CRIMINAL DAMAGE 16.1 General 509 16.2 Criminal damage 16.3 Criminal damage endangering life PART IV INCHOATE OFFENCES AND COMPLICITY 17 INCHOATE OFFENCES 17.1 Overview 17.2 Charging inchoate offences 17.3 Inchoate offences and accessorial liability 17.4 Attempt 17.5 Attempt: the substantive law 17.6 Conspiracy 17.7 Statutory conspiracies 17.8 Common law conspiracies 17.9 Incitement 17.10 Incitement: the elements 18 COMPLICITY 18.1 Overview 18.2 The basis of incrimination 18.3 Complicity: definitions and terminology 18.4 The conduct element 18.5 The mental element 18.6 Relationship between liability of the parties 18.7 Limits of accessorial liability 18.8 Conclusion Index

Summary Note

Suitable for students of first or second year undergraduate criminal law courses, this text provides coverage of key topic areas as well as extensive analysis and valuation. This edition contains a section on the Human Rights Acts and explains the dynamic nature of the law. ”’

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Find it in the Library of Congress:

If you wish to locate similar books to “Criminal law: doctrine and theory”, they can be found under the 345.41 in a public library, and the Library of Congress call numbers starting with KD7888 in most university libraries. If you wish to look up similar titles to “Criminal law: doctrine and theory” in an on-line library catalog, the official Library of Congress Subject Headings under which they can be found are:

Criminal law
England
Great Britain
Wales

Criminal law: doctrine and theory

Criminal law: doctrine and theory