Law in Context
Emeritus Professors Stephen Bottomley and Stephen Parker AO introduce law in a critical way to the general public, current students and those thinking of taking up the subject. They explain the Rule of Law, the Adversarial System of Justice, where law comes from, judges, juries, lawyers and many other topics, include problem areas such as access to justice.
Law in Context
Episode 19 - It's a Crime! - Criminal Law in Context
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Most people are fascinated by crime, at least if they are at a safe distance from it. It is the stuff of popular culture and serious scholarship. Theories abound. Might a certain amount of it be good for society if it reminds everyone of how they should behave? Or is criminalising certain behaviour a way of oppressive governments maintaining control?
In this episode we discuss how criminal law differs from other branches of law. It is public. It leads to punishment. It has separate procedures and a higher standard of proof.
We take two crimes - murder and theft - and discuss each of their elements, as examples of how the prosecution must prove beyond a reasonable doubt the actus reus - the guilty act(s) - and the men rea - the guilty mind.
We look at defences, such as insanity, duress, necessity and automatism.
If you read, watch or listen to crime dramas, this episode gives you the foundations of the law that applies to them.
For more information about your hosts and the Law in Context podcast series visit our website at https://lawincontext.com.au