Intro historique au droit

ANGLAIS

CHAPT 5 : CRIME

first , rwongs = the violation of a right

there is civil wrongs or private wrongs is involved the violation of the right

civil raw deals with the civil wrongs

criminal wrongs = public wrongs  

the breach of law affects the community when the result of the judgement may be conviction

indiction = mise en accusation

imprisonment

summary proceedings crime may be commetted by natural person or legal person

private law/ criminal or penal law

penal law referes to laws used against the roman catholics , protestant dissenters

penal law was aimed at securing the position of the church of england

in the united states there are model penal code = 1962 MPC to standardise crime across

crime = social and cultural norms

I - Actus reus and mens rea

AR/ZR+MR

AR is the material , external of the crime , objective of the crime

action , thrat , ommission when duty of care

the term actus rayes AR is named the physical elements / external  elements

MR = intention of wrongful act

" fault elements " " mental elements " of the crime

broadly

the wrongful act it can be intentional

-reckelessness {disregard the consequences }

-negligence is the fact not taking care of something

sometimes there is mens rea

there is strict liability = automatic responsability for damages ,

the exception is statutory rape= ( in that case there is trict liability)

howether in certain juridiction we have romeo and juliet provision

romeo and juliet had been intruced at illinois

sellin alcohol to minors

sforce companies to prevent harm

dangerous working conditions

pollution or explosions due to the storage of storage danferous substances in unsuitable locations

strict liability is sometimes uses today i,n discourage companies

undesirable practices

II - inchoate crimes

preparing or intending to commit

AR = assisting or encouraging the crime ; MR = intention

conspiracy of murder

solicitation of murder

III- Felonies / Misdemeanours

Perceived seriousness of the crime

misdemeanors or lesser forms of crimes

felonies in the us include aggravated assault or battery

Arson is the fact of setting fire to property

Burglary can be defined as the illegan entering into building in order to commit a crime

eg : theft

the manufacture , sale , possession of drugs

Fraud

kidnapping

larveny / grand larceny

larceny does not include violence , it includes trespassing

the difference between the larceny and grand larceny is the clause juridiction

they includes murder , they also includes perjury

felonies also includes rape

Robbery = violence , threat

treason

vandalismM = punishable by a year's imprisonment or less

2 - Summary offences and Indictable offences

summary offences can be tried by the magistrate's courts ( district judges , jp )

indictable offences are the more serious offences - crown court , jury

either-way offences /triable offences

3 - offences against the persons

offences against the person act 1861

list of offences

a) homicides

it includes a murder , manslaughter , assassination , infanticide

murder includes a criminal intention , it applied malice aforethought

Blackstone was a famous jurist and define the murder as a " malice aforethought

prosecution = intention to kill

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