Domestic And Comparative Perspectives Substantive Issues In Criminal Law

Criminal law is an integral part of any legal system, aiming to establish a framework that defines various offenses and their corresponding punishments. The field of criminal law encompasses a diverse range of topics, including substantive issues that are viewed through different lenses such as domestic and comparative perspectives. These perspectives offer unique insights into the understanding, interpretation, and application of criminal law across various jurisdictions.

The domestic perspective primarily focuses on the criminal law framework within a specific country. Each nation has its legal system that defines what constitutes a criminal offense, how investigations are conducted, and the processes through which individuals are prosecuted and sentenced. The substantive issues addressed within the domestic perspective vary from jurisdiction to jurisdiction, reflecting the unique societal values and priorities of each nation.

Comparative perspectives, on the other hand, provide an opportunity to examine criminal law from an international standpoint. By analyzing and contrasting the laws and practices of different countries, scholars gain valuable insights into the similarities, differences, and potential areas for improvement within their own domestic frameworks. This approach allows for a critical evaluation of substantive issues in criminal law, enabling the identification of best practices and potential reforms.

General Defences in Criminal Law: Domestic and Comparative Perspectives (Substantive Issues in Criminal Law)

by Sally Balch Hurme(1st Edition, Kindle Edition)

4.1 out of 5

Language	:	English
File size	:	3491 KB
Text-to-Speech	:	Enabled
Screen Reader	:	Supported
Enhanced typesetting	:	Enabled
Word Wise	:	Enabled
Print length	:	363 pages

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One of the key substantive issues in criminal law is the determination of criminal responsibility. In domestic perspectives, this typically involves assessing the mental state of the accused, examining whether they had the requisite intention to commit a crime. Comparative perspectives provide an opportunity to explore how different legal systems approach this issue, comparing the standards of mens rea (guilty mind) across jurisdictions. Such analysis allows for a more comprehensive understanding of the complexities surrounding criminal responsibility and aids in enhancing domestic frameworks.

Another significant aspect of criminal law is the establishment of appropriate sentencing guidelines. Domestic perspectives primarily focus on ensuring that punishments are commensurate with the gravity of the offense committed, while also considering mitigating and aggravating factors. Comparative perspectives broaden this discussion by evaluating the sentencing practices of different countries. This comparative analysis helps identify potential disparities and possible methods of harmonizing sentencing guidelines to achieve greater global uniformity.

Furthermore, the use of technology as a substantive issue in criminal law is gaining importance in both domestic and comparative perspectives. As the world becomes increasingly interconnected, crimes committed through digital means pose new challenges for legal systems. Domestic perspectives require the adaptation of existing laws to address cybercrimes adequately. Comparative perspectives play a crucial role in sharing knowledge and expertise across borders, fostering collaborations, and developing international legal frameworks to combat digital offenses effectively.

, examining domestic and comparative perspectives on substantive issues in criminal law is paramount to ensuring the effectiveness and fairness of legal systems. The domestic perspective enables nations to shape their laws in accordance with their unique cultural, social, and political contexts. Comparative perspectives offer opportunities for cross-jurisdictional analysis, enabling the identification of best practices and the potential for improvements in criminal law. By embracing these perspectives, legal scholars and practitioners can strive for an inclusive global framework that adequately addresses the challenges and complexities of criminal law in the ever-changing modern world.

General Defences in Criminal Law: Domestic and Comparative Perspectives (Substantive Issues in Criminal Law)

by Sally Balch Hurme(1st Edition, Kindle Edition)

4.1 out of 5

Language	:	English
File size	:	3491 KB
Text-to-Speech	:	Enabled
Screen Reader	:	Supported
Enhanced typesetting	:	Enabled
Word Wise	:	Enabled
Print length	:	363 pages

FREE

The law relating to general defences is one of the most important areas in the criminal law, yet the current state of the law in the United Kingdom reveals significant problems in the adoption of a consistent approach to their doctrinal and theoretical underpinnings, as exemplified by a number of recent developments in legislation and case law. A coherent and joined-up approach is still missing. This volume provides an analysis of the main contentious areas in British law, and proposes ways forward for reform.

The collection includes contributions from leading experts across various jurisdictions. Part I examines the law in the United Kingdom, with specialist contributions on Irish and Scottish law. Part II consists of contributions by authors from a number of foreign jurisdictions, all written to a common research grid for maximum comparability, which provide a wider background of how other legal systems treat problems relating to general defences in the context of the criminal law, and which may serve as points of reference for domestic law reform.