Structure and Function in Criminal Law

By Paul H. Robinson | Go to book overview

Index
Abortion, proposed provision, 215
Absent element defences
generally, 12
functions of criminal law and, 137-8
general defences versus, 14
justification defences versus, 95
Abuse of corpse, proposed provision, 217
Abuse of non-public information by public official, proposed provision, 218
Accountability for conduct of another, proposed provision, 225
Acoustic separation, case against, 207-9
Act requirement, see alsoInvoluntary conduct defence; Voluntariness requirement
as excluding fantasizing, 32
as objective evidence of state of mind, 32
as preventing punishment of thoughts, 31-2
as providing time and place of occurrence, 32-3
as triggering omission liability requirements, 35
constitutionalization of, 37
inchoate liability and, 34
modest demands of, 33-5
multiple related offences and, 33
purposes of, 31-5
voluntariness requirement and, 31-8
Act-omission requirements, as more accurate label for act requirement, 23
Actus reus, see alsoObjective offence elements
defined, 17
functional analysis of, 18-19, 128-9
mens rea versus, 4-5
objective nature of, 18
terminological confusion among doctrines of, 19-22
vagueness of terminology, 21-2
Actus reus-mens rea distinction
actus reus defined, 17
ambiguity of term 'actus reus', 19-20
as logical extension of differences between conduct and intention, 16-17
conceptual difficulties of, 16-23
conceptual diversity within, 17-19
distinction of objective, culpability, and act-omission requirements versus, 22-3
functional analysis of actus reus, 18-19
functional analysis of mens rea, 18-19
mens rea defined, 17-18
objective nature of actus reus, 18
terminological confusion among doctrines of 'actus reus', 19-22
vagueness of term 'actus reus', 21-2
Adjustments to base grade of offence, proposed provisions, 235-6
Alibi defence, 11
Assault, proposed provision, 186
Assisting another's suicide, proposed provision, 213
Attempt, see alsoInchoate liability
accidental, 164
common law's specific-intent requirement, 158
culpability as to result under MPC, 163
culpability requirement for impossible, 162
culpability requirements of, see also Attempt, objective requirements of
culpability requirements serving rule articulation function, 133-4
different functions performed by different culpability requirements, 157-8
effect of elevation of culpability to purposeful, 161
elevation of culpability only to knowing for completed conduct, 163
equal grading to substantive offence, 173-4
functions of criminal law and culpability requirements, 161
impossible, 162
improperly limited liability under current criminal law, 157-64
liability for, 109-10
MPC definition, 112
MPC position on culpability requirements of, 159-60
proposed adjudication provision, 223
proposed code of conduct provision, 218
purpose requirement, 159
unknowing justification as legally impossible attempt, 111-12
Avoiding lawful detention, proposed provision, 217
Bad cheques, proposed provision, 216
Base grade of offence, proposed provision, 231

-241-

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Structure and Function in Criminal Law
Table of contents

Table of contents

  • Title Page iii
  • General Editor's Introduction vii
  • Preface ix
  • Acknowledgements xiii
  • Contents xv
  • Part I - Introduction 1
  • 1 - Structure and Function in Criminal Law 3
  • Part II - The Current Operational Structure 9
  • 2 - The Basic Organizing Distinctions of Current Law 11
  • 3 - Offence Requirements 16
  • 4 - Principles of Imputation 57
  • 5 - General Defences 68
  • Part III - A Functional Structure 125
  • 6 - A Functional Analysis of Criminal Law 127
  • 7 - The Rules of Conduct 143
  • 8 - The Doctrines of Liability 157
  • 9 - The Doctrines of Grading 171
  • Part IV - Using Structure to Advance Function 183
  • 10 - Drafting a Code of Conduct 185
  • 11 - Drafting a Code of Adjudication 196
  • Appendices 211
  • Index 241
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