Download e-book for kindle: Criminal Law by Jonathan Herring MA, BCL, Marise Cremona BA, LLM (auth.)

By Jonathan Herring MA, BCL, Marise Cremona BA, LLM (auth.)

ISBN-10: 0333620755

ISBN-13: 9780333620755

ISBN-10: 1349135615

ISBN-13: 9781349135615

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The choice theory focuses on whether the defendant chose to act in the way she did; the character theory tends to consider whether the defendants acts reveal character traits that are unacceptable to the law; and the pure objective theory concentrates on the actual acts of the defendant and the consequences of those acts, and considers their wrongfulness. The different theories of culpability link into a dispute over whether the law should take an objective or subjective approach to the law. A subjectivist holds a defendant liable for the consequences of his actions that he has chosen to bring about.

There is a fundamental need for the law (and especially the criminal law) to be clear, and its content easily understood by the lay person, but first-time students of the subject often find its key concepts difficult to grasp and the major textbooks somewhat formidable. The Mastering Law series should provide a comprehensible account of major areas of the law and an introduction to the controversy and debate that is inseparable from any serious study of the law. This book was commissioned by the late Lady Oliver, who gave me much encouragement, and who was a firm believer in the need for accessible student texts as an adjunct to large-scale scholarly and reference works.

Those who have not had the opportunity to develop fully moral characters and so are insufficiently responsible for their actions to justify the censure attached to a criminal conviction. Children below the age of criminal responsibility and persons classified as insane by the law are good examples. Introduction to CriminaL Law 7 Such people may be subject to forms of restraint under the civil law, for example detention in a hospital under the Mental Health Act 1983. (2) Lack of capacity The claim under this heading is that although normally the defendant is responsible for her actions, on this particular occasion the act complained of was not properly attributable to the defendant as her act.

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Criminal Law by Jonathan Herring MA, BCL, Marise Cremona BA, LLM (auth.)

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