What are the two principles of criminal law?
In law, crime consists of two elements – actus reus and mens rea. The former represents the physical aspect of crime and latter represents its mental aspects. Actus reus has been defined as such result of human conduct as the law seeks to prevent.
What is the main principle of criminal law?
Intention. One of the most-important general principles of criminal law is that an individual normally cannot be convicted of a crime without having intended to commit the act in question.
What are the two cardinal principles of criminal justice?
Basically, there are three cardinal principles of criminal jurisprudence. Those are: 1. prosecution to prove its case beyond reasonable doubt ; 2. the accused must be presumed to be innocent; and 3.
What is the first principle of criminal law?
“Conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests.”
What are the kinds of principal in criminal law?
A. To be guilty of a crime, one must commit the crime himself (principal) or if committed by another, he must, in some manner, participate either in its commission ( accomplice) or in the fruits thereof ( accessory). B. As a rule only natural persons who are alive can beheld criminally liable.
What are the principles of law?
General principles of law are basic rules whose content is very general and abstract, sometimes reducible to a maxim or a simple concept. Unlike other types of rules such as enacted law or agreements, general principles of law have not been “posited” according to the formal sources of law.
What are the 4 principles of law?
Accordingly, the rule of law encompasses the following four universal principles: “the government and its officials and agents are accountable under the law; the laws are clear, publicised, stable and fair, and protect fundamental rights, including the security of persons and property; the process by which laws are …
What are the two requirements necessary to prove actus reus?
Every crime must be considered in two parts-the physical act of the crime (actus reus) and the mental intent to do the crime (mens rea). To establish actus reus, a lawyer must prove that the accused party was responsible for a deed prohibited by criminal law.
What is the cardinal principle of criminal law?
Appellant-accused’s counsel submitted that the cardinal principle of sentencing policy is that the sentence imposed on the offender should reflect the crime he has committed and it should be proportionate to the gravity of the offence.
What are the two definitions of crime?
1 : an illegal act for which someone can be punished by the government especially : a gross violation of law. 2 : a grave offense especially against morality. 3 : criminal activity efforts to fight crime. 4 : something reprehensible, foolish, or disgraceful It’s a crime to waste good food.
What are the principles of the justice system?
The three principles that our justice system seeks to reflect are: equality, fairness and access. Equality is defined in the dictionary as ‘the state of being equal, especially in status, rights, or opportunities.