2
حقوق::
حقوق جزا
concept of crime seems rather simple- a violation of criminal law- the question
existing criminal law, There is general agreement about which behaviors society
The criminal law, then , is a set of rules, codified by state authorities, that
The consensus view rests on the assumption that criminal law has a social
Criminal law works to Control behaviors that are inherently destructive and dangerous in order to maintain the existing social fabric and ensure the
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3
علوم اجتماعی و جامعه شناسی::
حقوق جنایی
Rather than the criminal law being used to uphold the privileges of the powerful, legal power and authority should be invested, instead, in the civic body as a whole: 'laws which surely are, or ought to be, compacts of free men, have been, for the most part, a mere tool of the passions of some, or have arisen from an accidental and temporary need.
When introducing legislation to restrict the availability of the death penalty in 1808, Sir Samuel Romilly, then the country's leading jurist and an enthusiast, himself, of Beccaria, complained that 'in the criminal law of the country, I had always considered it a very great defect that capital punishments were so frequent . . .
The impression, however, had hitherto proved unavailing; for it has not, in a single instance, produced any alteration of the criminal law; although in some other states of Europe such iterations have been made' (Hansard [UK], HC Deb, 18 May 1808, col. 395, our italics).
However, attempts to limit judicial discretion in England for these same purposes were met with fierce resistance (resulting in consolidation, but not codification, of the criminal law in the 1860s): the different standing of judges gave them the right to occupy exactly that position.
By the same token, the standing of the English judges and the deference to their opinion also ensured that they, rather than any criminal law intelligentsia, were particularly influential on the law reform bodies.
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