Criminal Responsibility: Theories, Principles, and Applications

This essay critically analyzes the concept of criminal responsibility, delving into the core principles of criminal law. It explores the significance of both actus reus (the act itself) and mens rea (the intention or mental state) in determining criminal liability. The essay discusses various scenarios, including strict liability cases where negligence can lead to criminal charges, even without direct intent. It examines the viewpoints of legal theorists like John Austin and Donald R. Taft, contrasting their approaches to understanding crime and its causes. Furthermore, the paper highlights the importance of abetment and self-defense in criminal law, providing examples to illustrate these concepts. The discussion extends to medical jurisprudence, focusing on negligence in medical contexts and how a breach of the duty of care can result in liability. Ultimately, the essay provides a comprehensive overview of the elements, principles, and legal considerations involved in establishing criminal responsibility.

Criminal Responsibility

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................1

INTRODUCTION
Criminal responsibility or liability is the term use in medical jurisprudence mostly. A
person is held liable for doing a criminal offence when there is intention of doing so that is men-
rea with action performing an offence that is actus-reus. But in certain scenario an action can be
treated as criminal offence 1. This usually happens when a person does not perform his duty very
precisely and then some contingency occurs resulting in a criminal offence. This situation is
covered in criminal responsibility or strict liability. Mostly, matters related to negligences takes
place when a person does not perform his duty and breaches such liability of due care which
would end up in casualty. There are certain other circumstance amounting a criminal offence
which is described in this analysis. This paper deals with critical analysis of such basis on which
an individual is held responsible for criminal offence and on which criminal laws are structured.
MAIN BODY
Crime is increasing day by day due to lack of individual self control which is seen as
major reason behind wrongful acts. As a result, whole society is getting influenced by the
misinterpretation that is incurred at marketplace. In fact, number of theorist are coming with
unique ideas and thoughts for expressing their views on the act of criminology as well as aiming
to regulate in-disciplinary acts. For example; John Austin, Donald R Taft, WB and various other
authors are identified which are throwing lights on criminology approaches for acquiring depth
knowledge in it.
According to the viewpoint of John Austin law needs to be transformed into true science
and see law as a social fact which highlight the connection of power and obedience. He was a
English legitimate theorist who plays a very crucial role in influencing British as well as
American law by his analytical frameworks to jurisprudence. In order to oppose traditional
natural law, Austin stated against any unusual relations between law and morality. Basically, as
per his opinion law and morality are two distinct concepts and all the human designed norms can
be derived back to human law designer which is known as legal positivism. By thoroughgoing on
1
Carrott, A. and et.al., 2013, March. Terrorism/Criminalogy/Sociology via Magnetism-
Hamiltonian``Models''?!: Black Swans; What Secrets Lie Buried in
Magnetism?;``Magnetism Will Conquer the Universe?''(Charles Middleton, aka``His
Imperial Majesty The Emperior MingThe Merciless!!!''. In APS March Meeting
Abstracts.
1

views of his wife Jeremy Bentham it is identified that Austin was first and foremost legal thinker
which was working out full-blown positivist approach of law. In fact, he was also saying that
laws are specifically rules that mainly denoted as kind of command. Basically, these are general
dictation that is issued by sovereign to several members of autonomous political society as well
as backed up by punishing others or some other outcomes. It means, if something is enacted by
high authority or advisory bodies then it is essential for society or subordinates to follow
specified rules and regulations to control any probabilities of threat and danger. Command means
that something which was issued need to be done which is giving rise to legal obligation. Hence,
as utilitarian Austin is believing that laws needs to promoted as it resulted in terms of great
happiness for whole society. However, Austin Command approach is having three main distinct
parts such as; Law is a cluster of commands that was enacted by un-commanded sovereign,
command was backed by danger of few punishments and so on.
On contrary to this Dr. Taft is a faculty member of sociology at the university of Illinois
in which he was trying to expanding the cultural interpretation and continuing it by treating
crime as product of societal relationship. In fact Taft himself said that crime is seen as natural
and expected result of today's advanced society. Along with this, crime is seen as voluntary
option for human being which either they want to do wrongful thing or wanted to select right
one. As per this view individual is having limited control on their life as well as themselves is
seen as victim of any unusual situations. However, various lawyers are not agreeing with the
statement of Dr. Taft because in his book all the societal factors was covered and blaming
authentic elements for criminology acts. Mainly, this approach is surrounded by distinct factors
such as; race, immigration, economics, church, newspaper and alcohol. It is identified that Taft is
totally focussing on various social issues and culture because he believes that criminal activities
are incurred due to improper connection in between distinct members. Furthermore, in the
chapter second of his book he was focussing on “law-making and law-breaking” which was set
into American settings by assessing the major characteristics as well as values of American
culture. According to his opinion, American culture is fully dynamic, filled with complexity and
so on. Along with this, he was cited that nation is going through major issue of urbanisation and
industrialism. In order to overcome distinct issues family start upbringing their child from self
sufficient farms to tremendous factories 2. As a result number of changes are occurring which
2 Essayan, J., 2014. L’influence de l’environnement familial sur la délinquance du
mineur (Doctoral dissertation, Aix-Marseille).
2

automatically control the criminology from marketplace as well as America is becoming more or
more powerful and rich in various aspects. In the next chapter Taft believes that crime problems
are identified from several aspects such as; minority units like Negro or might be immigrant
people, economic impact, community, adult group, white collar crime, addiction through drug,
sexual crime as well as mode of communism.
Apart from these two authors number of theorist was determined that were engaged in
coming with distinct approaches and frameworks for minimizing the possibilities of criminal
activities. In fact, style of expressing criminal activities are distinct from each other as everyone
have their own perspective on wrongful acts as well as believes in distinct factors. Donald R.
Taft and John Austin both of them are believing on two different perspectives and highlight
some other factors which enforce an individual to conduct wrongful task which later on seen as
criminal offence. Some of the major element such as; societal changes, drugs addiction,
immaturity henceforth are seen as most prominent factor of criminal activities 3.
Actus reus is a word which denotes as art of criminal law but on the other hand this
phrase means bad act. On contrary to this mens rea is another phrase which denote the “intention
to do wrongful activity” such as; wanted to kill someone. Hence, it has been understood that for
doing criminal offence an individual is involved in two state of mind one is; intention is requisite
and another one is after doing guilt to feel that wrongful act was accomplished. But at the same
time it is assessed that these two terms are expressed by authors in two different ways as well as
having different opinions on it. Meanwhile, it is determined that criminal offences are incurred
because of various reasons as several factors fluctuates due which resulted in criminal activity.
Last but not the least all the above components as well as authors viewpoints aids in acquiring
depth knowledge on specific issue and problem that is occurring at societal place. Along with
this affecting entire nation in various manner.
The nature of criminal or a criminal mind is not easy to understand. Criminology is the
science which deals with understanding the nature of crime and criminal. For executing a
criminal offence it is necessary to have intention and action in course. Mens-rea and actus-reus
these two principles are necessary for a criminal offence 4. A crime is performed in various step,
firstly there must be an intention of doing an offence and for complying it one must prepare for
3 Yadav, D., 2012. Predicaments Relating to First Information Report in India.
4 Florea, B. and Florea, G.M., 2010. Considerations on the Duration, Transfer and
Extinguishment of Rights Arising from Utility Models. Rom. J. Intell. Prop. L., p.147.
3

doing an act of offence. Then comes the last stage execution of offence. There are several jurist
who have studied the basic principles of committing a crime.
There are various anomalies in this procedure. Some times an act without intention could
be considered as a criminal offence, moreover there are some cases in which mere preparation is
considered as an offence. It can be understand by taking an example, intention of mutiny against
the state an securing weapons for such act. In this case there is an intention and preparation of
executing an offence but action or actus-reus has not taken place. These types of offences are
punishable under law. In contradiction with this anomaly there is also situation in which mere
action is considered as an offence, the act of negligence. For critically examining criminal
responsibility it is necessary to understand why intention and action are required to be at one
place. Generally, without intention if an event occurs causing death of a person or likely to cause
his death, that is the act must be causa causans, an immediate one but not only a direct cause,
causa sine qua non 5.
For every criminal offence a person execute a plan of doing a crime. But in some cases a
person does not perform the actual offence but either helps or make some other person to
perform an offence. It is known as abetment of an offence. It means to aid or induce or
encourage some one for a wrongdoing. In this case, actus-reus is not taking a part in criminal
activity but there is an intention, mens-rea, still abetment is considered as an offence. For
example, abetment to suicide, murder, grievous hurt, etc. In some situations intention does not
constitute to perform a criminal act, such as self defence. But the force applied to stop some one
for executing an offence should be justifiable. For example, A tries to rape B and during such
course B use a heavy metal object to stop A and such action causes A's death then the act done
without intention killing A cause his death, then it would not be amount to murder. Taking
another example, X snatches purse of Y and Y shoots a bullet in X's head causing his death then
it would not be considered as self defence. So there is fine line between amount of force applied
to stop someone doing an offence 6. These circumstances are included in acts done in good faith
but such an act should be explainable and coherent.
5 Feifei, H.U., 2011. ON THE VICTIMOLOGY. Journal of Chongqing University of
Arts and Sciences (Social Sciences Edition), 6, p.024.
6 FLOREA, G.M. and Avocat, B.B., CONSIDERAŢII PRIVIND DURATA,
TRANSMITEREA ŞI STINGEREA DREPTURILOR NĂSCUTE DIN MODELELE
DE UTILITATE.
4

Criminal laws revolve around these two principles. It is an arduous job to interpret
criminal offence with liability. It is the responsibility of a person to perform his part of
obligations and on failing such duties if a person loss his life then he should be punished
amounting negligence. It is a very important principle in medical field. There is an extensive
study related to such types of offences, known as medical jurisprudence. Moreover, negligence is
also a part of torturous liability. Certainly, mens-rea is not involve in this type of offence, there is
only an action causing death of someone or likely to cause death. It is not necessary to prove
mens-rea in negligence only the guilty act has to be proven that is actus-resus is need to be
proved. A medical negligence is failing to take due care when it is a duty of a person to do so.
The duty of care includes examination, treatment, diagnosis and the provision of medical advice
(Rogers v Whittaker (1992) 175 CLR 479). In a similar case if a person is not in due care of a
doctor and a situation arises when the doctor is asked to treat the patient but on his refusal he
died then the doctor should liable of negligence (Lowns v Woods (1996) Aust Torts Reports 81-
376). In both the cases, there was no intention of committing an offence but eventually it
happened because of negligence.
According to Percy Winfield and W.W. Buckland, cause of action for negligence is
explained through four principle elements, duty of reasonable care, obstructive behaviour in
breach of such duty, damage or injury to a person and relation between such conduct and injury
to the victim. These elements give rise to an erroneous act of negligence. The major criteria of
unintentional offence is the breach of such duties. Moreover, the act should be immediate and
perpetual to its consequences. Intention in these cases are not constituting to form a criminal act
done by an accused 7. Besides medical negligence, negligent homicide can also be brought
against a person who, through criminal negligence lets another person to die. It is usually
considered in a rash driving.
Criminal law is a group of law related to punishment of offenders. There are various
punitive methods as per the degree of crime a convict has done 8. Criminal laws are framed to
regulate criminal activities. In order to reduce crime criminal laws are enforced on the people.
There are certain types of degrees and according to it punitive laws are made. The main purpose
7 Biology. 7(1). p.1.
Pour, F.A. and Zemestani, M., 2015. Psychological and Criminological Investigation of
Organized Crime. Journal of Current Research in Science. 3(3). p.1.
8 Yao, Y.J., 2016. FORENSIC SCIENCE EDUCATIONAL PROGRAMS-Asian Pacific
Region. Forensic Science Review, 28(1), p.8.
5

of law is to end crime not the criminal. There are generally four types of punishment, Fine, Life
Imprisonment, Imprisonment and Death Penalty. These methods are applied according the
degrees of offence. The process of giving judgement and punishment is very futile and complex.
A judge has to consider various aspects of an act which compose a criminal offence. The major
two principle of crime should be kept in record. It is difficult to prove intention then the action. It
all depends on the interpretation of laws by decision maker. The negligence is an omission of
duties causing serious casualties.
The Criminal Code 1995 section 5.2 defines an intention as such intention to engage in a
conduct, believes it exists or will exists and means to bring it about or aware that it will occur in
the ordinary course of event. And a negligence is defined under 5.5 as failing to provide due care
that a person would do in that particular situation. In both the context intention and action are
required independently. It is very rare when mens-rea does not constitute in committing a crime.
There exists an anomaly where both of these elements does not comply. In the case of
suicide and euthanasia 9. Here a person has no intention of harming other or does any act which
would injure another person. Also in the case of unsound mind these elements have no effect but
it has on such person who abets an unsound mind to do a criminal act. These conditions are very
strenuous to understand. Also, jurist have failed to consider these acts as a criminal offence but
in various countries it is treated as crime. These principles are major pillars of forming criminal
laws. Nothing can be defined without interpreting these elements with the provision of law.
Crime is evident by criminal is not. Measures can be taken to stop crimes but it is difficult to
sustain a criminal because every human being has distinct mentality. A person can turn into a
criminal because he has been neglected by the society or due to other reason. It is true that a
criminal is born by and from the same society where another person is victimised. It can be said
that a crime is caused due to guilty mind and such person with guilty mind does a guilty act.
Criminal activities in Australia is maximizing and increased by around 1% from previous
years which is nearly 414000. However, most dangerous offence in between 2016-17 is drug
offenders in general public of Australia, maximized little bit from 1.98% to 2%, sexual assault
and several related crimes are increased by almost 3%. As per the national Australian homicide
monitoring event 2012 it is determined that; rate of homicide was continuously minimizing in
9 RADU, D.C., 2012. THE MODERNITY OF THE NATIONAL LEGAL
FRAMEWORK ON REGULATING CYBERCRIME. Valahia University Law
Study. 20(2).
6

every tear since 1989-90. But in between 2010-11 and 2011-12 homicide rate is fully minimized.
After analysing the data Australian Bureau of statistics highlights that in the time period of
2009/10 police of Australia is taking some necessary steps and measures against 375,259 people
and raised by around 4.8 percent. All the criminal activities are influencing individuals and
common people while living their normal life as it create problem for them in several situations.
For example; fraudulent acts, murders and various other things emerges fear in the mind of
human beings 10. As a result they are avoiding to having faith on any single person which affect
the economy of a nation. Legal bodies and several other theorist are coming with distinct
viewpoints for preventing society from getting misused and wrongdoing conducts. Their main
objective is to create a nation free from any exploitative activities so that they can develop their
economy.
crime refers to abolition of code of conduct that is set by the legal body. there are
different ways through which an individual becomes a part of it among which the most common
ones are through robbery, blackmailing, unlawful entry with net motor vehicle theft etc.
Government of Australia has separate laws for them and accordingly action is taken against the
party at fault. the degree of punishment depends upon the severity of crime made. Every crime
has a separate department who is responsible for same and therefore the case is handed over to
them accordingly.
CONCLUSION
Crime is intolerable, also it is the worst cancer of society. It is difficult to identify a
psychology of a criminal, various jurists have ended up in clarifying the mindset of a criminal.
As the civilisation is growing criminal activities are also increasing immensely. Laws are being
modified to provide safety or protection against unnecessary elements of society. This paper
deals with the essential component of a crime. Also it includes various thoughts of jurists on
criminal acts. The main purpose of this assessment was to examine how are the principle
elements affecting in configuring criminal responsibility and criminal law. It is a complete report
of assessment as per given content.
10 Rong-chun, M.A., 2010. On the Definition of Personal Dangerousness and Its
Relationship with Subjective Evil Character and Social Harmfulness. Journal of South
China Normal University (Social Science Edition), 5, p.029.
7

REFERENCES
Books and Journals
Carrott, A. and et.al., 2013, March. Terrorism/Criminalogy/Sociology via Magnetism-
Hamiltonian``Models''?!: Black Swans; What Secrets Lie Buried in
Magnetism?;``Magnetism Will Conquer the Universe?''(Charles Middleton, aka``His
Imperial Majesty The Emperior MingThe Merciless!!!''. In APS March Meeting
Abstracts.
Essayan, J., 2014. L’influence de l’environnement familial sur la délinquance du
mineur (Doctoral dissertation, Aix-Marseille).
Yadav, D., 2012. Predicaments Relating to First Information Report in India.
Florea, B. and Florea, G.M., 2010. Considerations on the Duration, Transfer and Extinguishment
of Rights Arising from Utility Models. Rom. J. Intell. Prop. L., p.147.
Feifei, H.U., 2011. ON THE VICTIMOLOGY. Journal of Chongqing University of Arts and
Sciences (Social Sciences Edition), 6, p.024.
Rong-chun, M.A., 2010. On the Definition of Personal Dangerousness and Its Relationship with
Subjective Evil Character and Social Harmfulness. Journal of South China Normal
University (Social Science Edition), 5, p.029.
FLOREA, G.M. and Avocat, B.B., CONSIDERAŢII PRIVIND DURATA, TRANSMITEREA
ŞI STINGEREA DREPTURILOR NĂSCUTE DIN MODELELE DE UTILITATE.
Zhang, W., 2017. Network criminology: the criminology based on network science. Network
Biology. 7(1). p.1.
Pour, F.A. and Zemestani, M., 2015. Psychological and Criminological Investigation of
Organized Crime. Journal of Current Research in Science. 3(3). p.1.
Yao, Y.J., 2016. FORENSIC SCIENCE EDUCATIONAL PROGRAMS-Asian Pacific
Region. Forensic Science Review, 28(1), p.8.
RADU, D.C., 2012. THE MODERNITY OF THE NATIONAL LEGAL FRAMEWORK ON
REGULATING CYBERCRIME. Valahia University Law Study. 20(2).
1