Defining Crimes: Essays on The Special Part of the Criminal Law
R.A. Duff (ed.), Stuart Green (ed.)
Published online:
01 January 2010
Published in print:
25 August 2005
Online ISBN:
9780191710100
Print ISBN:
9780199269228
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Defining Crimes: Essays on The Special Part of the Criminal Law
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Jeremy Horder
Pages
21–42
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Published:
August 2005
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Horder, Jeremy, 'The Classification of Crimes and the Special Part of the Criminal Law', in R.A. Duff, and Stuart Green (eds), Defining Crimes: Essays on The Special Part of the Criminal Law, Oxford Monographs on Criminal Law and Justice (
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Abstract
This chapter begins by discussing the importance of identifying the mental states and activity conditions of people in the classification of crimes. It differentiates the general part from the special part of classifying crimes. It explains that crime requiring specific intent means a crime where evidence of voluntary intoxication negating mens rea is a defence; whereas the designation of crimes as requiring, or not requiring, specific intent is based on no principle but on policy. It also talks about the culpable advertence, general intent, and specific mens rea crimes. It also discusses the crimes of ulterior intent.
Keywords: mens rea, crime classification, special part, criminal law, ulterior intent
Subject
Jurisprudence and Philosophy of Law Criminal Law
Collection: Oxford Scholarship Online
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