The Conceptual Framework of Criminal Law, Essay Example

Contemporary commentaries and codes on criminal law in the common as well as the civilian traditions are usually organized within a core structure which stipulates the general circumstances under which liability should be established. The concept of crime is so common that, it is superficially regarded: by practitioners of criminal justice, by lawyers, and scholars, as well as by the general public. When subjected to analysis, the concept of crime tends to be ambiguous.  Criminal justice is usually criticized for lacking in theoretical grounding. Conceptualization may be defined as a process of stipulating what is meant by a term. In deductive research, conceptualization assists in translating parts of a conceptual theory into testable hypotheses that would involve specific variables. On the other hand, in inductive research, conceptualization is a significant element of the process employed in making sense of interrelated observations. The concept of crime is so common that it is superficially regarded: by practitioners of criminal justice, by lawyers, and scholars, as well as by the general public. When subjected to analysis, the concept of crime tends to be ambiguous. Criminal law provides the answer to identification of crime. Criminal law is embraces the formally established rules according to which, persons or groups of people are adjudged innocent or guilty. These rules are of several types, arguably mapping on to the foundational functions of criminal law. Criminal law covers substantive set of laws of conduct addressed to the citizenry as well as rules that determine how liability ought to be attributed and how violations of criminal rules ought to be graded. These are rules which are arguably more reasonably seen as targeting officials than possible offenders. Contemporary criminal lawyers are more concerned with the doctrinal structure of ‘general principles’ whereby interpretive legal practice as well as legislative development allegedly proceeds (Ashworth, 2003).

Contemporary commentaries and codes on criminal law in the common as well as the civilian traditions are usually organized within a core structure which stipulates the general circumstances under which liability should be established. This core structure is also referred to as the ‘general principles’ or ‘general part’ of criminal law. Simply illustrated, it is the set of doctrines and rules which affect the entire landscape of criminal law.  This framework entails four major elements: responsibility, conduct, capacity, and absence of/or defense.

Conduct

Criminal conviction is established, in a definite kind of conduct that is specified in the definition of the offence

Capacity

Only individuals who share definite fundamental volitional and cognitive capabilities are considered as authentic subjects of criminal law. Defenses like insanity could be regarded as defining definite class of persons as basically out with the structure of communication exemplified by criminal law.

Responsibility/ fault: criminal liability is usually thought to be dependant on the able subject being to some extent responsible for a liability in committing the demeanor specific in the definition of the offence.

Defenses

In the event that a capable subject commits the relatable conduct with the indispensable degree of fault, a variety of defenses may function to mitigate or disqualify his liability.

Criminal law can be said to be unreservedly justified of its function in condemning, proscribing, and possibly, reducing behavior which risks or causes a diversity of harms, as well as in according its subjects respect as decent agents whose behavior must be evaluated in terms of and intentions and attitudes but not simply in relation to effects  (Clarkson & Keating, 2003).  Advocacy entails the chain of actions executed as well as concerns highlighted to bring about change in the status quo for the purposes of achieving a more just and decent society. This can be done through campaigns, seminars, interactive sessions such as formal and informal meetings with stakeholders, as well as through the media. The rationale of the role of advocacy is to attain larger leverage with the decision-makers in matters of criminal law (Clarkson & Keating, 2003).

References

Ashworth, A. (2003). Principles of criminal law, 4th ed, oxford: Clarendon Press.

Clarkson, C., & Keating, H. (2003). Criminal law: text & materials, 5th ed, London: Sweet & Maxwell.