Action Crimes

Action Crimes in United Kingdom

Definition of Action Crimes

The components of a criminal offence are the actus reus and the mens rea.

Definitions of particular crimes

The criminal law of England1 is not codified, but is composed of a large number of enactments resting on a basis of common law. A very large part is reduced to writing in statutes. The unwritten portion of the law includes (1) principles relating to the excuse or justification of acts or omissions which are prima facie criminal, (2) the definitions of many offences, e.g. murder, assault, theft, forgery, perjury, libel, riot, (3) parts of the law relating to procedure.

The law is very rich in principles and rules embodied in judicial decisions and is extremely detailed and explicit, leaving to the judges very little latitude of interpretation or expression. So far as the legislature is concerned there is an absence of systematic arrangement. The definitions of particular crimes are still to be sought in the common law and the decisions of the judges. The Consolidation Acts of 1861 for the most part leave definitions as they stood, e.g. the Larceny Act 1861 does not define the crime of larceny.

The consequence is that exact definitions are very difficult to frame, and the technical view of a crime sometimes includes more, sometimes less, than it ought. Thus the crime of murder, as settled by the existing law, would include offences of such very different moral gravity as killing 457 a man deliberately for the sake of robbing him, and killing a man accidentally in an attempt to rob him. On the other hand, offences which ought to have been criminal were constantly declared by the judges not to fall within the definition of the particular crimes alleged, and the legislature has constantly had to fill up the lacunae in the law as interpreted by the judges.

Source: Encyclopedia Britannica (1911)


Posted

in

, ,

by

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *