Ashworth's principles and foundational doctrines of criminal law

Criminal Theory, Procedure, And Constitutional Protections

What is Criminal Law?

Criminal law is the branch of the legal system that pertains to enforcing penal rules, laws, regulation, and codes that define conduct that is deemed by society to warrant punishment and that outlines the appropriate punishment for that conduct (Friedman, 2005).

What Are Ashworth's Five Principles of Criminal Law?

Legality, Responsibility, Minimal Criminalization, Proportionality, Fair Labeling (Schmalleger, 2009).

What is the Presumption of Innocence?

The presumption of innocence comes from one of the foundational principles valued by the Framers of the U.S. Constitution. That doctrine is built from their belief that it is preferable to err on the side of failing to punish criminals rather than the side of accidentally convicting and punishing an innocent person (Edwards, Wattenberg, Lineberry, 2007). It means that the starting point of any criminal proceeding or trial is that the defendant is innocent; it is up to the prosecution to successfully rebut the presumption and through evidence of guilt (Friedman, 2005).

What is the Standard of Proof in a Criminal Case?

Beyond a reasonable doubt (Schmalleger, 2009).

Is the Probative Burden Ever Placed on the Defendant?

Yes. That is an intermediate level of criminal responsibility: it is a lower level of responsibility for conduct than strict liability because it provides means through which defendants can refute criminal culpability by establishing a lack of mens rea (Friedman, 2005).

Why should we Require both Actus Mens Rea?

Because it is often possible to do things that are appropriately punishable when those actions are purposefully done with criminal intent or with harmful intent that are not appropriate to punish as crimes when they are done with an innocent purpose or intention (Schmalleger, 2009). The civil law provides comprehensive protection and restitution for wrongs committed without purposefully criminal or harmful intent (Friedman, 2005).

What is Transferred Malice? Give Example.

It is not a valid defense to a crime that the act was meant for or directed at a different specific individual. If it was a criminal offense with respect to an intentional victim, it is also a criminal offense with respect to an accidental victim (Friedman, 2005). For example, if Person A strikes Person B. with a bat but Person A actually meant to strike Person C, Person A is still liable for the results of that act to Person B. And is liable for penal prosecution for the act regardless of who the victim was (Friedman, 2005).