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Principles of Criminal Law

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Overview

This stimulating and authoritative text addresses the underlying principles and rationales of criminal law, bringing the subject to life through a critically engaging and contextual approach. The fifth edition incorporates detailed discussion of the Sexual Offences Act 2003 and explores current controversies such as the shape of the law of murder, including discussion the Law Commission's 2005 proposals. Andrew Ashworth's book remains essential reading for students seeking an in-depth and sophisticated exploration of criminal law that makes the theoretical background clear and accessible.

About the Author:
Andrew Ashworth is Venerian Professor of English Law at All Souls College, Oxford

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Product Details

  • ISBN-13: 9780198761457
  • Publisher: Oxford University Press, USA
  • Publication date: 8/15/1991
  • Series: Clarendon Law Series
  • Pages: 462
  • Product dimensions: 5.50 (w) x 8.50 (h) x 1.00 (d)

Meet the Author

Andrew Ashworth is Vinerian Professor of English Law, Oxford University and a Fellow of All Souls College.

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Table of Contents

Table of Cases
Table of Conventions
Table of Legislation
1 Criminal Justice and the Criminal Law 1
1.1 The Contours of Criminal Liability 4
1.2 The Machinery of English Criminal Law 5
1.3 The Sources of English Criminal Law 6
1.4 The Criminal Law in Action 9
1.5 Outline of the Aims and Functions of the Criminal Law 17
1.6 The Criminal Law and Sentencing 19
2 Criminalization 24
2.1 The Politics of Lawmaking 25
2.2 The Principle of Individual Autonomy 28
2.3 The Principle of Welfare 30
2.4 Harm and Minimalism 32
2.5 Assessing the Seriousness of Offences 37
2.6 Morally Wrong Behaviour 42
2.7 Criminalizing Omissions 47
2.8 Minor Harms 49
2.9 Remote Harms 51
2.10 Victimless Crime 52
2.11 Conclusions 55
3 Principles and Policies 58
3.1 Rules and Principles 58
3.2 Constitutionality and Codification 59
3.3 Human Rights and Criminal Law 62
3.4 The Range of the Criminal Law 66
3.5 The Rule of Law and Fair Procedures 69
3.6 Principles Relating to the Conditions of Liability 86
3.7 Conclusions 94
4 Criminal Conduct 96
4.1 The General Part of the Criminal Law 96
4.2 Involuntary Conduct 99
4.3 Acts, States of Affairs, and Possession 106
4.4 Omissions 110
4.5 Personality 114
4.6 Causation 123
4.7 Justifiable Conduct 135
4.8 Chastisement of Children 149
4.9 Justification, Necessity, and the Choice of Evils 151
4.10 Conclusions 155
5 Positive Fault Requirements 157
5.1 The Issues 157
5.2 Some General Principles 158
5.3 Varieties of Fault 164
5.4 The Variety of Fault Terms 198
5.5 The Referential Point of Fault 199
6 Negative Fault Requirements 204
6.1 Grounds of Excuse 204
6.2 Agency, Capacity, and Mental Disorder 205
6.3 Intoxication 213
6.4 Duress and Necessity 221
6.5 Provocation 231
6.6 Reasonable Mistake and Putative Defences 234
6.7 Ignorance or Mistake of Law 237
6.8 Entrapment 243
6.9 Fault and the Excuses 244
7 Homicide 256
7.1 Death and Finality 256
7.2 Requirements of Criminal Homicide 257
7.3 Defining Murder: the Inclusionary Question 258
7.4 Defining Murder: the Exclusionary Question 267
7.5 'Involuntary Manslaughter' 293
7.6 Endangerment on the Roads 302
7.7 Endangerment in Other Situations 306
8 Non-Fatal Violations of the Person 311
8.1 Varieties of Physical Violation 311
8.2 Reported Physical Violations 311
8.3 Offences of Non-Fatal Physical Violation 313
8.4 Reported Sexual Assaults 339
8.5 Non-consensual Sexual Intercourse 343
8.6 Other Non-consensual Sexual Offences 352
8.7 Incest 358
8.8 Parameters of the Law on Sexual Assault 359
9 Offences of Dishonesty 363
9.1 Introduction 363
9.2 The Offence of Theft 366
9.3 Taking a Conveyance Without Consent 387
9.4 Robbery 389
9.5 Blackmail 391
9.6 Burglary 393
9.7 Handling Stolen Goods 397
9.8 Deception Offences 398
9.9 Fraud Offences 405
9.10 Dishonesty, Discretion, and 'Desert' 407
10 Complicity 412
10.1 Introduction 412
10.2 Distinguishing Principals from Accessories 413
10.3 The Conduct Element in Complicity 416
10.4 The Fault Element in Complicity 424
10.5 The Accessorial Liability for Different Results 429
10.6 Derivative Liability and the Missing Link 435
10.7 Special Defences to Complicity 439
10.8 Conclusions 441
11 Inchoate Offences 445
11.1 The Concept of an Inchoate Offence 445
11.2 The Justifications for Penalizing Attempts at Crimes 445
11.3 The Elements of Criminal Attempt 448
11.4 The Justifications for an Offence of Conspiracy 455
11.5 The Elements of Criminal Conspiracy 460
11.6 Incitement 464
11.7 Voluntary Renunciation of Criminal Purpose 467
11.8 The Relationship between Substantive and Inchoate Crimes 469
11.9 The Place of Inchoate Liability 471
Bibliography 475
Index 497
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