Contents

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JCL 68 (2004) 130

Lawmakers, law Lords and legal fault: two tales from the (Thames) river bank: Sexual Offences Act 2003; R v G and Another
Mitchell Davies 

This article examines the conflicting approaches of Parliament and the senior courts to the need for mens rea in relation to those offences which are seriously criminal in character. Prompted by the imminent enactment of the Sexual Offences Act 2003 and the recent decision of the House of Lords in R v G and Another, the conclusion is reached that whilst the senior courts have become ever more sensitive to the need for true mens rea to be insisted upon as a precursor to liability for any serious crime, Parliament, in enacting the Sexual Offences Act 2003, has shown itself, in this context at least, to have priorities of a very different order. In applying a purely subjective meaning to the term reckless it is argued however that their Lordships in G have gone too far and have made prosecutions under the Criminal Damage Act 1971 for unintentionally caused criminal damage potentially unwinnable as well as having thereby perpetuated the definitional plurality of this much litigated mens rea term. The reader is accordingly guided to the conclusion that G is far from being the last word on the meaning of recklessness in English criminal law.

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JCL 68 (2004) 150

'A jury of peers': a comparative analysis
Colin Davies and Christopher Edwards 

The article considers the historical development of the concept of a jury of peers in the UK, which is contrasted with US development. It is argued that if the jury process is to continue as an element of the judicial process, then issues of jury selection need to be revisited. In outlining the historical development of what is meant by the concept of a trial by a person’s peer, it is suggested that there are a number of parallels to contemporary issues of equality. The representation of peer/social groups on a jury panel is considered in the light of contemporary equality and human rights laws.

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JCL 68 (2004) 160

Murder and the criminal law of Iran and Islam
Dr Ebraham Ghodsi 

Wilful murder, the deliberate killing of another human being, is considered a crime in the criminal law of Iran and Islam, and the consequential penalty invoked is retaliation. The offence, as in English law, requires proof of both actus reus (external element) and mens rea (fault element). The statutory offence may be found in Articles 14 and 204–268 of the 1991 version of the Islamic Penal Code and in Articles 612–615 of 1996 Code. In Islam there are many verses and precedents (of the Prophet and the Shiite Imams) condemning the crime of murder as illegal and retaliation as the appropriate punishment for this crime provided the legal elements are established. The requisite elements of the offence have been subjected to varied review in Iran and Islam. The focus of this article is to study the key ingredients in more depth.

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JCL 68 (2004) 170

Fighting corruption and embezzlement in Third World countries
Dawit Kiros Fantaye 

Economic crime is one of the most serious crimes endangering the national security and public safety of any country. It is directly associated with legal, political, social, human rights and development issues. In particular, economic crime harms Third World countries such as Ethiopia where poverty is prevalent and the economy is poor and supported by foreign aid and loans. White-collar employees like higher government officials and businessmen play a key role in creating and increasing economic crimes, namely corruption, embezzlement and fraud, all over the world. It is therefore important that any form of economic crime is identified and punished severely, by appropriate prison terms according to the seriousness of the offence. By applying these kinds of penalties to economic criminals, the rate and frequency of economic crime can be minimised and, simultaneously, pave a way to the fundamental practices of democracy, government transparency and the dominance of the rule of law in the country. The main purpose of this article is to explain the effect of corruption in Third World countries and ways in which it can be combated, in particular by the imposition of heavy penalties on those who choose to commit economic crimes in Third World countries. It is argued that this must be done to protect human rights, to bring about political and social stabilisation, to ensure effective and even distribution of national wealth and, eventually, to secure democracy and sustainable development in the Third World countries.

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Links to other issues

Volume 65 (2001) :   1   2   3   4   5   6

Volume 66 (2002) :   1   2   3   4   5   6

Volume 67 (2003) :   1   2   3   4   5   6

Volume 68 (2004) :   1   2   3   4   5   6

Volume 69 (2005) :   1   2   3   4   5   6

Volume 70 (2006) :   1   2   3   4   5   6

Volume 71 (2007) :   1   2   3   4   5   6

Volume 72 (2008) :   1   2   3   4   5   6

Volume 73 (2009) :   1   2   3   4   6

Volume 74 (2010) :   1   2   3   4

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