Topic 1 - Introduction to Criminal Law
Civil v Criminal
Civil Criminal
Interpersonal Society
By person wronged By public authority
Damages (usually) Penalty/sanctions
What types of conduct should be criminalized?
Conduct which is a serious wrong against:
1) An individual
2) Some fundamental social value or institution
- Criminal law does not necessarily mean a serious wrong
Views
- Libertarian view: free to do whatever you want to do, but the only time a state could
interfere from that freedom, is to prevent harm to others
- Authoritarian/paternalistic view: “i know best” - some acts must be criminalized because
it is outrage
- For example in Malaysia with homosexual intercourse, even though there is
consent, it is still criminalized (consent is irrelevant)
- Jeremy Bentham: “... it is the greatest happiness of the greatest number that is the
measure of right and wrong…” - everyone’s happy, we’re happy
- Imanuel Kant: there is a such thing as right and wrong, just because some say it’s right,
does not mean it’s right
Therefore, it is impossible to have a specific formula on what should be criminalized, but should
include:
- Serious harm
- Gross and outrages
- Threatens social values
What is the point of criminal law?
- Prevention
- Restorative justice: shows society’s disapproval of the conduct and reaffirms values
- Rehabilitation: encourages and assist criminals to lead a good and useful life
The conditions of criminal liability - FAULT
- Any conduct that causes harm, serious wrong, or threatens the social values
- A blameworthy conduct
Civil v Criminal
Civil Criminal
Interpersonal Society
By person wronged By public authority
Damages (usually) Penalty/sanctions
What types of conduct should be criminalized?
Conduct which is a serious wrong against:
1) An individual
2) Some fundamental social value or institution
- Criminal law does not necessarily mean a serious wrong
Views
- Libertarian view: free to do whatever you want to do, but the only time a state could
interfere from that freedom, is to prevent harm to others
- Authoritarian/paternalistic view: “i know best” - some acts must be criminalized because
it is outrage
- For example in Malaysia with homosexual intercourse, even though there is
consent, it is still criminalized (consent is irrelevant)
- Jeremy Bentham: “... it is the greatest happiness of the greatest number that is the
measure of right and wrong…” - everyone’s happy, we’re happy
- Imanuel Kant: there is a such thing as right and wrong, just because some say it’s right,
does not mean it’s right
Therefore, it is impossible to have a specific formula on what should be criminalized, but should
include:
- Serious harm
- Gross and outrages
- Threatens social values
What is the point of criminal law?
- Prevention
- Restorative justice: shows society’s disapproval of the conduct and reaffirms values
- Rehabilitation: encourages and assist criminals to lead a good and useful life
The conditions of criminal liability - FAULT
- Any conduct that causes harm, serious wrong, or threatens the social values
- A blameworthy conduct
