University of Makeni- Law Department

Criminal Law Y2(LLB 203) 2022-2023 Academic year

Session 1
1. Introduction
 What is a crime?
The Oxford dictionary defines a crime as “an action or omission which constitutes an
offence and is punishable by law”. Crime can also be described as a harm done to others,
that is punishable by the State. Crime is a public wrong, that adversely affects society as a
whole. It is an act that offends society’s standards of acceptable behaviour that is
appropriate to punish the offender rather than compensate the aggrieved party.

A crime is a fact, a matter of law and it is not an opinion. (If crime was a subject of opinion,
then most certainly most offenders would perceive their criminal actions as correct or
justified.) This premise justifies a study on the formulation or sources of criminal law.

As society progresses, some actions which were deemed criminal are no longer so. Likewise,
some actions which were considered legal can become illegal.
Discussion point:
Lets’ give examples of actions that were previously criminal and are no longer so:
-Homosexuality
-Drinking or selling alcohol on Sundays

Actions which were legal that are now considered illegal:

- FGM
- Slavery
- Capital punishment of kids

 What is criminal law?

Criminal law refers to a body of laws that apply to criminal acts. In instances where an
individual fails to adhere to a particular criminal statute, he or she or they (depending on
their gender preference) commit a criminal act by breaking that law. Criminal law is
different from civil law because, criminal law penalties involve the forfeiture of one’s rights
and imprisonment. Unlike civil laws that relates to the resolution of legal controversies and
involve the payment of money damages.
The main principles of criminal law include deterrence of crime, reformation of the
offender, retribution for the wrongful act and to prevent further crimes. As we go through
this course, we would appreciate how these 5 principles influence every aspect of criminal
justice systems, globally.

 Causes of Crime: individualist vs. collectivists

Understanding the causes of crime are complex. Some thinkers cite poverty, parental
neglect, low self-esteem, alcohol and drug abuse as the reasons why some people break the
law. They assume that some are at a greater risk of becoming offenders because of the
circumstances into which they are born.
 University of Makeni- Law Department
Criminal Law Y2(LLB 203) 2022-2023 Academic year
There are two schools of thoughts arguing opposing nuances for the causes of crime. We
have the individualist approach and collectivist approach. The individualists tend to focus
on personal weakness as the reason a crime is committed. They propound that a person
chooses to offend, that it is their responsibility and if caught, they should suffer the
consequences. Individualists believe that if punishments were stronger and the police and
courts had more powers, there would be less crime.

On the other hand, collectivists feels that society is unequal, and some people are at a
greater risk of being influenced by criminal behaviour, often through the actions of parents,
friends and acquaintances. Collectivists postulate that crime could be best tackled when
social conditions which create the catalyst for crime need to be addressed. This could be
through better housing, improved employment opportunities and a more equal society to
make crime less of an attraction. Collectivists believe that if people are gainfully employed
and are content with life, they will be less likely to break the law.

Many legal jurisdictions are now coming to terms with the arguments of both individualists
and collectivists and accept that there are underlying causes of crimes. But individuals also
need to accept responsibility for their actions. (I often say, no man is born a criminal).

Discussion point: Which of the two school of thoughts do you subscribe to and state tangible
reasons for your choice?

 Causes of crime: Nature vs Nurture

Nature
Younger people tend to have higher rates of crime. Evidence tells us that the brain is not
fully develop until the age of 25. The part of the brain that is the last to develop is the
prefrontal cortex. This is the part of the brain that makes decisions. Which justifies the
higher likelihood for teenagers to be more impulsive and can act without considering the
consequences, and that this makes them more likely to engage in criminal behaviour.
Others think that people commit crime because it is in their nature. There is evidence to
suggest that some people are naturally more likely to commit crime. Research shows that
those who commit crime are more likely to get angry or have less understanding of another
person’s feelings (psychopaths).
Nurture: The nurture argument says that people are more likely to commit crime because of
the world around them. Incidences of poverty, alcohol / drug abuse or peer pressure.
Deprivation: Deprived areas tend to have higher crime rates, and this suggests that poverty
can lead to crime. Can you name some derived areas in your community that is crime
infested?
Alcohol or drugs: Alcohol and drugs are big contributors to crime. When a person is drunk
or intoxicated with illegal substances, he/she may think less about the consequences of
their behaviour. They are also less able to control their emotions.
 University of Makeni- Law Department
Criminal Law Y2(LLB 203) 2022-2023 Academic year
Peer pressure: Peer pressure is a cause to crime among younger people. This is a period
when one is susceptible to be forced or influenced to something they would not normally
do.

 The consequences of crime

Individuals
Crime has a range of effects on victims, their families and communities. Those affected may
be hurt emotionally, physically and or financially. The effects can be worse if the crime
involves violence.

Communities
Communities which experience higher levels of crime are also adversely affected. Apart
from people being frightened inside or outside their homes, property prices may depreciate
in value and developers, or investors may shy away from such locations. New business may
avoid the area and existing businesses may shut down due to crimes such as repeated theft,
vandalism or having too few customers.

Cost of crime to businesses

Crimes such as shoplifting and fraud cost businesses billions of losses. In recent years,
criminals are moving from more traditional crimes such as robberies and instead use the
internet to commit crime. Cybercrime such as stealing highly confidential information can
result to thieves stealing identities and bank deposits, or scams. These losses affect the
viability of commercial institutions and eventually negatively affect the economy.

Payment for crime

Governments expend huge sums in policing crime. Vast resources both human and capital
are expended in dealing with the consequences of crime. To fund this, governments must
either increase taxes or spend more from its tax revenue than usual. Therefore, if crime
level rises, there will be less money for education and health care.
Crimes may also affect the prices of goods and services. If businesses are losing money to
crime, they pass the cost on to shoppers by increasing prices.

 Types of crimes
Many types of crime exist. However, criminologists commonly group crimes into several
major categories:
Violent crimes: murder, grievous bodily harm, rape or sexual assaults.
Property crime: burglary, larceny, motor vehicle, theft and arson.
White-collar crime: A crime committed by a person of high social status in the course of his
occupation (Edwin Sutherland 1949). Corruption offences, health care scams, professional
frauds, corporate violence, etc.
Organised crime: Refers to criminal activity by groups or organisations whose major
purpose for existing is to commit such crime such as : mafias, gangs or cults, terrorist orgs.
 University of Makeni- Law Department
Criminal Law Y2(LLB 203) 2022-2023 Academic year
Consensual or victim-less crime: illegal drug use (voluntary), prostitution, gambling and
pornography.

Discussion points
- Most violent crimes, for instance homicide are committed for relatively emotional,
spontaneous reasons between people who knew each other before hand or have a
reason for their outburst.
- White collar crime involves more death, injury and economic loss than street crime,
but punishment of white-collar crime is relatively weak.
- Consensual crimes raise two related issues? To what extent should the government
prohibit people from engaging in behaviour in which there are no unwilling victims?
Do laws against consensual crime do more good than harm or more harm than
good? Do you think consensual crimes should be made legal? Why or why not?

 Crime And Punishment

Crime is a public wrong that offends society’s standards of acceptable behaviour. Laws are
made by lawful governments or local authorities, and they are considered binding until they
are repealed or amended. The courts consider crime as a moral wrong and conduct that
demands retribution. In a democratic society, someone charged with a crime has the
opportunity to defend him/herself. He/she will be deemed innocent until proven guilty by a
criminal court.

Under criminal law it is assumed that, in the absence of evidence to the contrary, people are
able to choose whether to do criminal acts or not and that a person who chooses to commit
a crime is responsible for the resulting evil and deserves punishment. Punishments
traditionally reflect the seriousness of the crime, the most serious are those which involve
violence and / or loss of life. Any punishment meted on an offender is expected to reflect
the revulsion felt by the general populace for the particular crime. It purpose is seen not
only as punishment but also as a public denunciation of the conduct in question. In sum, the
sentence must be proportionate to the offence.

The state punishes the wrong doer in order to enforce boundaries of acceptable behaviour.
It is a form of retributive justice where the offender must face the consequences of his
undesirable activities. Punishment is a form of deterrent which allows others to appreciate
the consequences of their potential actions through the potential of others.

The 4 Rs of punishment
The objective of levying punishments is to rehabilitate, reform and re-educate the offender
in the hope they will not re-offend. The state often considers the protection of society when
imposing certain punishments. Such as removing the offender from the midst of law-abiding
citizens. The harshest form was the imposition of the death penalty (capital punishment).
However, modern day protection is attained by having the courts imposing lengthy
sentences.
 University of Makeni- Law Department
Criminal Law Y2(LLB 203) 2022-2023 Academic year

 Crime and morality

Morals are defined as standards of behaviour or principles of right and wrong. Morality is
defined as principles concerning the distinction between right and wrong or good and bad
behaviour. Morality is a tricky term to define, and it is often guided by the standards of the
particular culture of any society. For instance, homosexuality is now an accepted practice in
the western world, but in Sierra Leone and other African countries it is unlawful. FGM is an
inverse situation.

Law and morality (natural justice principles) are two normative systems that manage and
regulate conduct in a human community to promote peaceful and successful interactions
among people who acknowledge one another as right bearers. Smith and Hogan consider
the second nature of crime as an action that is morally wrong. The traditional view of the
common law is that crimes are essentially immoral acts deserving of punishment.

The principal objective of criminal law is to decrease criminal activity to the extent that
society can absorb the negative consequences of crime without jeopardizing is stability. In
other words, criminal law subsists to guarantee that socially destructive activities do as little
harm as possible to society. Morality and criminal law frequently overlap. It is common to
view a violation of criminal law as an immoral act. However, it is now common to find
morally reprehensible acts considered as lawful.

Case law
 Brown (1993) 2 ALL ER 75 (sadomasochism cult)
 Wilson (1996) 3 WLR 125 (tattoo)