TLDR;
This YouTube video provides a comprehensive overview of criminal law, covering its definition, principles, sources, and key elements. It distinguishes criminal law from civil law, explains the functions of criminal law, and discusses the characteristics of crime. The video also addresses jurisdiction, the principles of legality and double jeopardy, theories of punishment, and the essential components of a crime, such as actus reus and mens rea.
- Criminal law is a branch of public law focused on protecting public interest.
- Substantive criminal law deals with criminalization, prohibited acts, and punishments.
- The principle of legality ensures no crime or punishment exists without law.
- Actus reus and mens rea are essential elements for establishing criminal liability.
Introduction [0:00]
The presentation will cover the definition of criminal law, its general principles compared to civil law, the definition and characteristics of crime, sources of criminal law, classification of crime, jurisdiction, the principle of legality, the principle of double jeopardy, punishment, and the general elements of a crime (actus reus and mens rea). The delivery is scheduled for three hours, and viewers are encouraged to ask questions via the chat box.
Definition and Functions of Criminal Law [2:13]
Criminal law is a branch of public law that protects public interest and serves as the foundation of the criminal justice system. It defines acceptable and unacceptable conduct by describing prohibited acts and omissions, outlining their ingredients, and prescribing punishments. The focus is on substantive criminal law, which deals with criminalization, prohibited acts, elements of offenses, and associated punishments, distinguishing it from procedural criminal law that governs prosecution and arrest procedures. Criminal law regulates human conduct by defining acceptable and unacceptable actions, giving notice of prohibited acts and their punishments, and instilling compliance. It has preventive, curative, and punitive functions. Specific functions relate to divisions within criminal law, such as offenses against the person or property, each with a specific protective aim.
Distinguishing Criminal Law from Civil Law [17:53]
Criminal law protects public interest and rights, unlike civil law, which concerns private interests. Criminal law assumes that societal interests form a bond, and offending this bond harms the entire community. While victims may seek relief in civil court for compensation, criminal prosecution is conducted by the state. Victims report incidents to the police, but the state decides whether to prosecute, as private prosecutions are not allowed. Criminal law involves an accused person, a complainant, and the prosecution, with the victim as a witness. Criminal trials differ significantly from civil trials in procedure, burden of proof, and remedies, with criminal law focusing on punishment rather than compensation.
Definition of Crime [31:34]
Crime lacks a statutory or judicial definition in the jurisdiction, requiring a focus on key elements. A comprehensive definition includes an act or omission against public interest, prohibited by statute, capable of criminal prosecution, and resulting in punishment. Section one of the criminal offenses act and article 1921 of the constitution do not provide a clear definition. A crime is an act or omission that violates public interest, is prohibited by law in writing, can be taken through criminal proceedings, and results in punishment.
Characteristics of Crime [41:55]
Every crime is a public wrong because it violates public interest, leading the state to prosecute and punish offenders. Criminal law originates from natural law, linking it to morality, specifically public morality, which reflects society's standards of acceptable conduct. Criminal law does not deal with private morality. Crimes can be divided into those inherently wrongful (mala in se) and those based on social expediency (mala prohibita). Crime and morality are not co-extensive.
Sources of Criminal Law [54:51]
Criminal law sources include the constitution, statutes, customary law (though debatable), court decisions, and bylaws. The constitution establishes offenses like treason and high crime and guarantees rights for suspects. Statutes, such as the criminal offenses act, are core expressions of criminal law. Customary law's role is debatable, with section 8 of the criminal offenses act stating no crime exists under common law. Court decisions interpret and apply criminal law, and bylaws from local authorities can impose criminal punishments.
Classification of Offenses [1:08:22]
Crimes can be classified by gravity (misdemeanors, felonies, capital offenses), mode of trial (summary or indictment), and morality (mala in se, mala prohibita). Misdemeanors have punishments up to three years, second-degree felonies up to ten years (with exceptions), first-degree felonies involve life imprisonment (with exceptions), and capital offenses result in death. Summary trials are for less serious offenses, while indictment trials are for more severe crimes. Crimes are also categorized based on conduct (actus reus) and result, where result crimes require a specific outcome to be considered an offense.
Jurisdiction [1:20:58]
Section 56 of the court's act determines when a criminal act is deemed to have been committed in Ghana, vesting the court with jurisdiction. The country where the crime occurs has dominant territorial jurisdiction. Extra-territorial jurisdiction applies when crimes are partly or wholly committed outside Ghana but are still prosecutable. This includes cases involving Ghanaian citizens, public officers, or specific offenses like murder or embezzlement. Crimes of universal jurisdiction allow prosecution regardless of where the crime was committed.
Principles of Legality and Double Jeopardy [1:31:40]
The principle of legality includes "no crime without law" and "no punishment without law," requiring clear notice of prohibited acts and their punishments. Articles 19(5) and 19(11) of the constitution support this, preventing retroactive laws and ensuring laws exist at the time of conviction. The principle of void for vagueness requires laws to be clear and understandable. Repeals of laws during trials result in discontinuation. Double jeopardy prevents repeated trials for the same offense, with exceptions for treason and court-ordered retrials. Section 9 of act 29 prohibits charging multiple statutes for the same offense.
Theories of Punishment [1:57:48]
Punishment is a key element of crime, with various theories justifying its use. Retribution focuses on proportional vengeance, while utilitarian theories aim for the general good. Reformation and rehabilitation seek to correct and reintegrate offenders, deterrence aims to prevent future crimes, and incapacitation removes offenders from society. Courts consider the gravity of the offense, societal feelings, and the character of the accused when imposing sentences, as seen in the case of Gya Chief vs. The Republic.
Elements of a Crime [2:14:48]
Every crime involves a physical aspect (actus reus) and a mental aspect (mens rea). Actus reus is a voluntary act or omission when a legal duty exists. Mens rea is the guilty mind, encompassing intention, negligence, and recklessness. Actus reus and mens rea must coincide in time, except for strict liability offenses where mens rea is not required. Causation applies in result crimes, establishing the link between the act and the outcome, considering causation in fact and law. Intervening events can break the chain of causation, affecting liability.