LLB 203 (Crim - Law) Session 1
LLB 203 (Crim - Law) Session 1
LLB 203 (Crim - Law) Session 1
A crime is a fact, a matter of law and it is not an opinion. (If crime was a subject of opinion,
then most certainly most offenders would perceive their criminal actions as correct or
justified.) This premise justifies a study on the formulation or sources of criminal law.
As society progresses, some actions which were deemed criminal are no longer so. Likewise,
some actions which were considered legal can become illegal.
Discussion point:
Lets’ give examples of actions that were previously criminal and are no longer so:
-Homosexuality
-Drinking or selling alcohol on Sundays
On the other hand, collectivists feels that society is unequal, and some people are at a
greater risk of being influenced by criminal behaviour, often through the actions of parents,
friends and acquaintances. Collectivists postulate that crime could be best tackled when
social conditions which create the catalyst for crime need to be addressed. This could be
through better housing, improved employment opportunities and a more equal society to
make crime less of an attraction. Collectivists believe that if people are gainfully employed
and are content with life, they will be less likely to break the law.
Many legal jurisdictions are now coming to terms with the arguments of both individualists
and collectivists and accept that there are underlying causes of crimes. But individuals also
need to accept responsibility for their actions. (I often say, no man is born a criminal).
Discussion point: Which of the two school of thoughts do you subscribe to and state tangible
reasons for your choice?
Communities
Communities which experience higher levels of crime are also adversely affected. Apart
from people being frightened inside or outside their homes, property prices may depreciate
in value and developers, or investors may shy away from such locations. New business may
avoid the area and existing businesses may shut down due to crimes such as repeated theft,
vandalism or having too few customers.
Types of crimes
Many types of crime exist. However, criminologists commonly group crimes into several
major categories:
Violent crimes: murder, grievous bodily harm, rape or sexual assaults.
Property crime: burglary, larceny, motor vehicle, theft and arson.
White-collar crime: A crime committed by a person of high social status in the course of his
occupation (Edwin Sutherland 1949). Corruption offences, health care scams, professional
frauds, corporate violence, etc.
Organised crime: Refers to criminal activity by groups or organisations whose major
purpose for existing is to commit such crime such as : mafias, gangs or cults, terrorist orgs.
University of Makeni- Law Department
Criminal Law Y2(LLB 203) 2022-2023 Academic year
Consensual or victim-less crime: illegal drug use (voluntary), prostitution, gambling and
pornography.
Discussion points
- Most violent crimes, for instance homicide are committed for relatively emotional,
spontaneous reasons between people who knew each other before hand or have a
reason for their outburst.
- White collar crime involves more death, injury and economic loss than street crime,
but punishment of white-collar crime is relatively weak.
- Consensual crimes raise two related issues? To what extent should the government
prohibit people from engaging in behaviour in which there are no unwilling victims?
Do laws against consensual crime do more good than harm or more harm than
good? Do you think consensual crimes should be made legal? Why or why not?
Under criminal law it is assumed that, in the absence of evidence to the contrary, people are
able to choose whether to do criminal acts or not and that a person who chooses to commit
a crime is responsible for the resulting evil and deserves punishment. Punishments
traditionally reflect the seriousness of the crime, the most serious are those which involve
violence and / or loss of life. Any punishment meted on an offender is expected to reflect
the revulsion felt by the general populace for the particular crime. It purpose is seen not
only as punishment but also as a public denunciation of the conduct in question. In sum, the
sentence must be proportionate to the offence.
The state punishes the wrong doer in order to enforce boundaries of acceptable behaviour.
It is a form of retributive justice where the offender must face the consequences of his
undesirable activities. Punishment is a form of deterrent which allows others to appreciate
the consequences of their potential actions through the potential of others.
The 4 Rs of punishment
The objective of levying punishments is to rehabilitate, reform and re-educate the offender
in the hope they will not re-offend. The state often considers the protection of society when
imposing certain punishments. Such as removing the offender from the midst of law-abiding
citizens. The harshest form was the imposition of the death penalty (capital punishment).
However, modern day protection is attained by having the courts imposing lengthy
sentences.
University of Makeni- Law Department
Criminal Law Y2(LLB 203) 2022-2023 Academic year
Law and morality (natural justice principles) are two normative systems that manage and
regulate conduct in a human community to promote peaceful and successful interactions
among people who acknowledge one another as right bearers. Smith and Hogan consider
the second nature of crime as an action that is morally wrong. The traditional view of the
common law is that crimes are essentially immoral acts deserving of punishment.
The principal objective of criminal law is to decrease criminal activity to the extent that
society can absorb the negative consequences of crime without jeopardizing is stability. In
other words, criminal law subsists to guarantee that socially destructive activities do as little
harm as possible to society. Morality and criminal law frequently overlap. It is common to
view a violation of criminal law as an immoral act. However, it is now common to find
morally reprehensible acts considered as lawful.
Case law
Brown (1993) 2 ALL ER 75 (sadomasochism cult)
Wilson (1996) 3 WLR 125 (tattoo)