Criminology as science
5 important questions on Criminology as science
What is the essential difference between civil law and criminal law?
What are the two sources of law?
- Common law - a body of unwritten laws based on legal precedents established by the courts.
- Statuary law - written law passed by a body of the legislature.
Provide three examples of the three sources of law:
- Common law crime of murder: murder.
- Statute: theft.
- Hybrid: manslaughter.
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Actus Reus - Latin for a guilty act.
An actus reus consists of more than just an act. Some people say it is the physical part of the crime. There are 3 types of actus reus or acts which can result in a crime. Define those 3 types:
- CONDUCT -
sometimes you can have actus reus just by a specific type of conduct e.g. speeding, talking on your mobile phone when driving. Just by doing something it will be a criminal act.
- CIRCUMSTANCES -
Sometimes you need specific circumstances = rape. Sleeping with someone is not a crime. There is no consequence in sleeping with someone. But sleeping with someone against their consent is RAPE (violación). - CONSEQUENCE -
sometimes you need specific conduct which results in a consequence – ie. murder you need to have a dead body.
What are cases called that do not need Mens Rea?
- The vast majority of these crimes are statute based but there are some which are common law.
The question on the page originate from the summary of the following study material:
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