Volume – 03, Issue – 01, Page : 01-

Doctrines, Principles and Practices in Criminal Law

Author/s

Emeka Okonkwo

Digital Object Identifier (DOI)

10.56106/lss.2023.005

Date of Publication

26 May 2023

Abstract :
This research paper discusses the diverse realm of criminal law, unraveling its intricate doctrines, principles, and applications across diverse jurisdictions. From the foundational concepts of actus reus and mens rea to the complex philosophies guiding sentencing practices, the study navigates through the global landscape of criminality. The exploration spans continents, encompassing legal systems from the common law traditions of the United States, the United Kingdom, Australia, and Canada to the civil law foundations of Russia, Romania, France, and Switzerland. This comparative analysis unveils the unique amalgamation of historical legacy, cultural influences, and contemporary legal principles that shape each jurisdiction’s criminal justice framework. The research begins by dissecting the essential components of criminal liability, elucidating the nuanced interplay between the “guilty act” and the “guilty mind.” Actus reus, encompassing physical elements of criminal conduct, is analyzed alongside mens rea, the mental element that delineates intent. The paper scrutinizes the concept of strict liability, recognizing offenses where mens rea is not a prerequisite for criminal culpability. The discussion then shifts to crimes against life and property, exploring gradations of homicide, battery, and offenses against public order. The legal responses to trespassing, theft, and fraud underscore the diverse mechanisms employed globally to protect individual rights and maintain societal harmony. The research further examines complicity, conspiracy, and inchoate offenses, shedding light on the criminalization of association with a criminal venture. A pivotal segment of the research delves into the dichotomy between ‘mala in se’ and ‘mala prohibita’ laws, examining the fundamental distinctions between crimes inherently evil and those prohibited by statute. This exploration showcases the global variations in defining criminality, emphasizing societal and legislative perspectives. The research culminates in an analysis of crimes against humanity and the interface between national legal systems and international justice mechanisms.

Keywords :
Actus Reus, Comparative Criminal Law, Crimes Against Humanity, Criminal Law, International Criminal Law, Legal Systems, Legal Traditions, Mens Rea, Sentencing Philosophy, Universal Jurisdiction.

References :

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