The examples and perspective in this article deal primarily with the United Kingdom and the United States and do not represent a worldwide view of the subject.(November 2020) |
Criminal law |
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Elements |
Scope of criminal liability |
Severity of offense |
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Inchoate offenses |
Offense against the person |
Sexual offenses |
Crimes against property |
Crimes against justice |
Crimes against the public |
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Crimes against animals |
Crimes against the state |
Defenses to liability |
Other common-law areas |
Portals |
In criminal law, the term offence against the person or crime against the person usually refers to a crime which is committed by direct physical harm or force being applied to another person.
They are usually analysed by division into the following categories:
They can be further analysed by division into:
And it is then possible to consider degrees and aggravations, and distinguish between intentional actions (e.g., assault) and criminal negligence (e.g., criminal endangerment).
Offences against the person are usually taken to comprise:
These crimes are usually grouped together in common law countries as a legacy of the Offences against the Person Act 1861.
Although most sexual offences will also be offences against the person, [3] for various reasons (including sentencing and registration of offenders) sexual crimes are usually categorised separately. Similarly, although many homicides also involve an offence against the person, they are usually categorised under the more serious category.
In section 2(2) of the Law Reform (Year and a Day Rule) Act 1996, "fatal offence" means:
For offences of aggravated assault, see Assault#England and Wales
The expression "offence against the person" is used as a term of art in section 3 of the Visiting Forces Act 1952 (15 & 16 Geo.6 & 1 Eliz.2 c.67) and is defined for that purpose by paragraphs 1 (England and Wales and Northern Ireland) and 2 (Scotland) of the Schedule to that Act.
In the application of section 3 of the 1952 Act to England and Wales and Northern Ireland it means any of the following offences:
It formerly included in particular:
In the application of section 3 of the 1952 Act to Scotland, the expression "offence against the person" means any of the following offences:
Most federal crimes in the United States are contained within Title 18 of the United States Code. While the code is divided into multiple parts and multiple chapters, there is no part or chapter titled "crimes against the person," or anything similar thereto. [14] Although there is an absence of a chapter or part with the aforementioned name, the code still does contain provisions for crimes such as murder, rape, and assault, among others, all crimes which are typically considered to be a crime against the person.
Offences against the person in American Samoan law are contained in Chapter 35 of Title 46 of the annotated code, with the chapter carrying the title "Offenses Against the Person." [15]
Crimes against the person in California law are contained within Title 8 of Part 1 of the California Penal Code, with Title 8 carrying the title "OF CRIMES AGAINST THE PERSON." This title includes sections 187 through 248 inclusive of the Penal Code. [16]
An assault is the illegal act of causing physical harm or unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Additionally, assault is a criminal act in which a person intentionally causes fear of physical harm or offensive contact to another person. Assault can be committed with or without a weapon and can range from physical violence to threats of violence. Assault is frequently referred to as an attempt to commit battery, which is the deliberate use of physical force against another person. The deliberate inflicting of fear, apprehension, or terror is another definition of assault that can be found in several legal systems. Depending on the severity of the offense, assault may result in a fine, imprisonment, or even death.
Battery is a criminal offense involving unlawful physical contact, distinct from assault, which is the act of creating apprehension of such contact.
The Sexual Offences Act 2003 is an Act of the Parliament of the United Kingdom.
Attempted murder is a crime of attempt in various jurisdictions.
Assault occasioning grievous bodily harm is a term used in English criminal law to describe the severest forms of battery. It refers to two offences that are created by sections 18 and 20 of the Offences against the Person Act 1861. The distinction between these two sections is the requirement of specific intent for section 18; the offence under section 18 is variously referred to as "wounding with intent" or "causing grievous bodily harm with intent", whereas the offence under section 20 is variously referred to as "unlawful wounding", "malicious wounding" or "inflicting grievous bodily harm".
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation act, the Offences Against the Person Act 1828, incorporating subsequent statutes.
Assault occasioning actual bodily harm is a statutory offence of aggravated assault in England and Wales, Northern Ireland, the Australian Capital Territory, New South Wales, Hong Kong and the Solomon Islands. It has been abolished in the Republic of Ireland and in South Australia, but replaced with a similar offence.
Common assault is an offence in English law. It is committed by a person who causes another person to apprehend the immediate use of unlawful violence by the defendant. In England and Wales, the penalty and mode of trial for this offence is provided by section 39 of the Criminal Justice Act 1988.
Murder is an offence under the common law legal system of England and Wales. It is considered the most serious form of homicide, in which one person kills another with the intention to unlawfully cause either death or serious injury. The element of intentionality was originally termed malice aforethought, although it required neither malice nor premeditation. Baker, chapter 14 states that many killings done with a high degree of subjective recklessness were treated as murder from the 12th century right through until the 1974 decision in DPP v Hyam.
The law of Northern Ireland is the legal system of statute and common law operating in Northern Ireland since the partition of Ireland established Northern Ireland as a distinct jurisdiction in 1921. Prior to 1921, Northern Ireland was part of the same legal system as the rest of Ireland.
Rape is a type of sexual assault initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, under threat or manipulation, by impersonation, or with a person who is incapable of giving valid consent.
The Crimes Act1900 (NSW) is an Act of the Parliament of New South Wales that defines an extensive list of offences and sets out punishments for the majority of criminal offences in New South Wales (NSW), Australia. The Act, alongside the Crimes Act 1914 (Cth) and the Criminal Code Act 1995 (Cth), form the almost complete basis of criminal law for the State. It is the primary criminal law statute of NSW, and which formed the basis for the Australian Capital Territory's Crimes Act1900 (ACT).
English criminal law concerns offences, their prevention and the consequences, in England and Wales. Criminal conduct is considered to be a wrong against the whole of a community, rather than just the private individuals affected. The state, in addition to certain international organisations, has responsibility for crime prevention, for bringing the culprits to justice, and for dealing with convicted offenders. The police, the criminal courts and prisons are all publicly funded services, though the main focus of criminal law concerns the role of the courts, how they apply criminal statutes and common law, and why some forms of behaviour are considered criminal. The fundamentals of a crime are a guilty act and a guilty mental state. The traditional view is that moral culpability requires that a defendant should have recognised or intended that they were acting wrongly, although in modern regulation a large number of offences relating to road traffic, environmental damage, financial services and corporations, create strict liability that can be proven simply by the guilty act.
Fault, as a legal term, refers to legal blameworthiness and responsibility in each area of law. It refers to both the actus reus and the mental state of the defendant. The basic principle is that a defendant should be able to contemplate the harm that his actions may cause, and therefore should aim to avoid such actions. Different forms of liability employ different notions of fault, in some there is no need to prove fault, but the absence of it.
Child destruction is the name of a statutory offence in England and Wales, Northern Ireland, Hong Kong and in some parts of Australia.
Burglary is a statutory offence in England and Wales.
In Canada, homicide is the act of causing death to another person through any means, directly or indirectly. Homicide can either be culpable or non-culpable, with the former being unlawful under a category of offences defined in the Criminal Code, a statute passed by the Parliament of Canada that applies uniformly across the country. Murder is the most serious category of culpable homicide, the others being manslaughter and infanticide.
The Sexual Offences (Amendment) Act 1976 is an act of the Parliament of the United Kingdom. It made provision in relation to rape and related offences. Except for subsections (1) and (2) and (4) and (6) of section 7, the whole Act is repealed. Section 7(2) now provides the definition of the expression "a rape offence" in relation to court martial proceedings. The other remaining provisions are purely supplemental.
Non-fatal offences against the person, under English law, are generally taken to mean offences which take the form of an attack directed at another person, that do not result in the death of any person. Such offences where death occurs are considered homicide, whilst sexual offences are generally considered separately, since they differ substantially from other offences against the person in theoretical basis and composition. Non-fatal offences against the person mainly derive from the Offences against the Person Act 1861, although no definition of assault or battery is given there.
English law contains homicide offences – those acts involving the death of another person. For a crime to be considered homicide, it must take place after the victim's legally recognised birth, and before their legal death. There is also the usually uncontroversial requirement that the victim be under the "King's peace". The death must be causally linked to the actions of the defendant. Since the abolition of the year and a day rule, there is no maximum time period between any act being committed and the victim's death, so long as the former caused the latter.