Talk:Criminal law
From Academic Kids
Someone qualified the discussion in the article about mala in se vs. mala prohibita with:
- Jurisdictions still recognizing common law usually [recognize mala in se vs. mala prohibita distinction]
What sense of "common law" are they referring to? And what jursidictions used to recognize common law but don't anymore? I can't think of any. -- SJK
- They are referring to the common law basis of criminal law, as opposed to those jurisdictions that have replaced parts of the common law with statutory provision in various Criminal Codes. Usually the basis of most US criminal law is the common law of England circa 1750 (this is the version of criminal law they teach in most US law schools as most state jurisdictions deviate from this basis only in some respects). Alex756 21:33 16 May 2003 (UTC)
- This point might be worth fitting into the article somewhere. To my knowledge criminal offences in both Canada and the US are purely statutory and have been abolished the creation of new common law offences. Common law defences, however, still remain. In contrast, England still has common law offences. Anyone know about Australia or other common law countries? -- PullUpYourSocks 23:24, 5 Jun 2005 (UTC)
- They are referring to the common law basis of criminal law, as opposed to those jurisdictions that have replaced parts of the common law with statutory provision in various Criminal Codes. Usually the basis of most US criminal law is the common law of England circa 1750 (this is the version of criminal law they teach in most US law schools as most state jurisdictions deviate from this basis only in some respects). Alex756 21:33 16 May 2003 (UTC)
In monarchies the criminal offence may be regarded as an offence against the king or the "king's peace" or the like rather than "society as a whole." This should be mentioned. --Daniel C. Boyer
The use of the of homocide in the mens reas is muddled. To state that the act is "unlawful" killing includes the intent in the definition. (ITs in part the intent that makes it unlawful.) In addition, the definition of malice aforethought is over simplified. In short, theft might make a better example. --24.126.240.60 01:13, 12 May 2005 (UTC)
Criminalization
Writing totally outside my normal scope of activity, I composed criminalization. Would some of our legal minds kindly glance over this entry and see if it is sustainable? JFW | T@lk 21:59, 5 Jun 2005 (UTC)
