MID TERM TEST

Faculty of Business & Management

Course
BBLE3043
: Introduction to Criminal Justice System

Date : 16th July 2022

Time : 12pm-2pm

Module Lecturer : Nur Amalina Binti Faizol

Total marks : 40 marks (worth 20%)

Instructions to candidates:

1. Write your name and student number on the Mid Term Paper AND Answer Booklet.

2. You must attempt all questions.

3. Once finished, kindly upload your answer in the LMS portal.

4. Maximum of 50% deduction for copy and paste / plagiarism.

Name : MOHD NAZRIN BIN AHMAD ZUBAIDI

Student ID : 202206040006
SECTION A – SHORT STRUCTURE QUESTIONS
Answer ALL questions.

1. Define the word ‘crime’ under criminal law.

(2 marks)

2. Explain what section 40(1) of the Penal Code is about.

(2 marks)

3. To constitute criminal behaviour, the actus reus and the mens rea must occur
simultaneously. Briefly explain these two elements of crime.

a) actus reus
(2 marks)
b) mens rea
(2 marks)

4. Generally, there are four theories of punishment under criminal law. Describe
clearly all of them:

a) Retribution
(2 marks)
b) Deterrence
(2 marks)
c) Incapacitation
(2 marks)
d) Rehabilitation
(2 marks)

5. Explain two characteristics of crime.

(4 marks)
SECTION B – LONG STRUCTURE QUESTIONS
Answer ALL questions.

1. The two substantial, separate systems of legislation known as criminal law and
civil law. Every one of them has its own rules and penalties.

Write an essay comparing and contrasting the criminal and civil law.

(10 marks)

2. Everyone is valuable and deserving of respect. Recognizing and upholding each

person's human rights is one way we demonstrate our appreciation for their inherent
value.

What are human rights? Explain clearly FOUR examples of human rights.

(10 marks)

ANSWER

1. Define the word ‘crime’ under criminal law.

In legal phraseology crime

means any act which the law
of the country visits with
punishment, and in this sense
it is synonymous with the
word “offence”. In fact, the
Malaysian Penal Code uses the
term “offence” rather than
crime
Crime is an illegal act for which someone can be punished by the government
especially a gross violation of law. In legal phraseology crimes means any act which
the law of the country visits with punishment, and in this sense it is synonymous with
the word offence, and Malaysian Penal Code uses the terms offence rather than
crime.

2. Explain what section 40(1) of the Penal Code is about.

Sections 40(1) in Penal Code states “Offence”. The word offence denotes a thing
punishable by this Code. It has the same meaning when the thing punishable under
any other law for the time being in force is punishable under such law with
imprisonment for the terms of six month or upwards, whether with or without fine.

3. To constitute criminal behaviour, the actus reus and the mens rea must
occur simultaneously. Briefly explain these two elements of crime.

c) actus reus

Actus Reus refers to the acts or omissions that comprise the physical elements of a
crime as required by the statute. Actus reus includes only a voluntary affirmative act,
or an omission which is failure to act causing a criminally proscribed results.

d) mens rea

Mens rea refers to the criminal intention which refers to guilty mind. It is the state of
mind statutorily required in order to convict a particular defendant of a certain crime.
The offender must have the mental element of an intention to commit a crime, and
knowledge that the actions or lack of actions would cause a crime to be committed.
4. Generally, there are four theories of punishment under criminal law.
Describe clearly all of them:

e) Retribution

The retribution theories of punishment comprise the belief that an offender deserves
to receive suffering that matches the severity of the crime committed. This theory,
attempts to draw on people intuitions about what people deserve. Retribution is
giving people what they deserve, give them back equal force to a blow they have
struck, and treating someone as they have treated others. A classical legal
statement often put forth means “an eye for an eye, a tooth for a tooth and a life for a
life”. Retribution is not the same as revenge.

f) Deterrence

The inhibition of criminal behaviour that induce the fear especially towards
punishment. Normally, when humans decide how to act, we tend to look towards the
consequence of our actions which punishment can prevent or deter crime. It may not
require that punishment be actually used, as in virtue of knowing the punishment,
crime will rarely occur. This is the acts or the fact of deterring people from doing
something. This usually can lower crime rate and imposing minimal punishment. In
many cases rehabilitation meant that an offender would be released on probation
under some condition.

g) Incapacitation

Incapacitation is an act of making individual incapable of committing a crime by

execution or lengthy period of incarcerations. Incapacitation refers to the restrictions
of an individual freedom and liberties that they would normally have in society. By
incapacitating the convicted offender, we prevent the individual from committing
future crime because he is removed from the society and locked up or restrained.
With these, they cannot commit crimes for an amount of time in the future.

h) Rehabilitation

Rehabilitation is basically a care that can help offender get back, keep, or improve
abilities that they need in daily life. It is the punishment to shape future behaviour of
an offender. This salvages one more person from become criminal and could
transform them into a productive law abiding Malaysian. These abilities may come in
physical, mental, and cognitive form. This can be the idea that the purpose of
punishment is to apply treatment and training to the offender so that he is capable of
returning to society.

5. Explain two characteristics of crime.

Two characteristic of crime, a crime is wrongful act which determine by the

parliament and it must be codified. The main statute is the Penal Code, crime is
provided in Penal Code and crime also being prescribed by other statutes. The
violation or commission of such wrongful act which lead criminal action taken against
the accused. While the wrongful act lead to a criminal proceeding. The action is
taken by prosecuting officer acted on behalf of the state. It is difference between civil
and criminal cases. Then, once they were initiated, only the state has the right to
withdraw the cases. For example like Muna Ali cases which the case is amended to
an attempt to cause marriage.

SECTION B

1. Write an essay comparing and contrasting the criminal and civil law.

In Malaysia, there are two law bodies which the main purpose is to deter or punish
serious wrongdoing or to compensate the victims of such wrongdoing. Criminal law
is deal with behaviour that is or can be construed as an offence against the public,
society or the state, even though the victim is an individual. For example like murder,
drunken driving, theft and assaults. Meanwhile civil law deals with behaviour that
constitutes an injury to an individual or other private party, such as corporation. For
examples like defamation, breach of contract, property damage, or it can be
negligence that resulting in injury or death. Criminal Law and civil law can be
different in terms of how the case were initiated at first, such as who that bring
charges or the law suit, how the case were decided, is it the jury or a judge. It also
differ in terms of what kind of penalty or punishment will be impose, what kind of
standard of proof must be met and what kind of legal protection may be available to
the defendant itself. In criminal cases for example, only the federal or a state
government which is the prosecution may initiate a case. Often, cases are almost
always decided by a jury meanwhile, punishment for serious felony charges often
consists of imprisonment but may also include a fine paid to the government, this
because it is to secure conviction, the prosecution must establish the guilt of the
defendant which beyond a reasonable doubt and defendants are protected against
conduct by police or prosecutors that violates their constitutional rights, including the
right against unreasonable searches and seizures and the right against compelled
self-incrimination.
In civil cases, by contrast, cases are initiated and suits are filed by a private
party which is the plaintiff and cases are usually decided by a judge though
significant cases may involve juries. Meanwhile punishment almost always consists
of a monetary award and never consists of imprisonment. To prevail, the plaintiff
must establish the defendant's liability only according to the preponderance of
evidence and defendants are not entitled to the same legal protections as are the
criminally accused. Importantly, because a single wrongful act may constitute both a
public offense and a private injury, it may give rise to both criminal and civil charges.
The types of offenses that fall under criminal law tend to affect society as a whole, so
criminal law exists to protect society. For example, when an employee is injured
during work because the employer did not provide his employees with safety
measures, the employer could be held guilty for negligence. This is because
employers owe a duty of care to their employees. This is a perfect example of how
civil law caters to protect individuals.
To conclude, as an individual and a society, one should know the differences
between criminal law and civil law. It is important to have a basic understanding of
the laws to avoid getting into trouble. However, there comes a time where we get
entangled with the law. In these times, it is always best to consult a criminal
lawyer who understands the twists and turns of the law.

2. What are human rights? Explain clearly FOUR examples of human rights.

Human rights apply to all human beings, regardless of race, gender, ethnicity,
languages speaks, religion or any other status. This includes the right to life and
liberty, freedom from any slavery and torture, freedom of opinion and expression, the
right to work and education and many more. Without discrimination, every human
being is entitled to all these rights. There are four most important human rights that
introduced by The United Nation.
The first right is the economic, social and cultural rights. This is international
human right law which lays down the obligations of governments to acts in certain
ways or to refrain in certain acts, in order to promote and protect human rights and
fundamental freedoms of individuals or group. The United Nations biggest
achievement is the creation of the comprehensive body of human rights law which is
a universal and internationally protection code to which all nations can subscribe and
all people aspire.
Secondly, the right to work, social protection for worker, rights for educations
and cultural freedom which this is to achieve adequate standard of living and to the
highest attainable standard of physical and mental well-being. This code and law is
designed by United Nations of broad range of internationally accepted rights,
including civil, cultural, economic, political and social rights. It has also established
mechanisms to promote and protect these rights and to assist states to carry out the
responsibilities.
Next, the third right is for equal treatment before the law. This right is the right
to equal protection means that individuals must be treated the same as others in
similar conditions. Different treatment under the law based on things like race or
gender violates a person’s human right, which all human are equal before the law
and are entailed without any discrimination to equal protection of the law.
Lastly is the right for education. All human right are interdependent, but many
consider the right to education a top priority for the world, later education as well as
technical and professional education should be available and accessible. Globally,
woman and girls still face significant carriers to their education.