Problem question Essay Example | Topics and Well Written Essays - 3000 words

Problem question - Essay Example The essay starts by defining criminal law as well as explaining the factors that constitute a crime of such magnitude. The body of the essay will develop through identification of specific crimes in relation to the given scenario involving Ahmed and Blanche in a bid to establish if there is any criminal liability. According to the online HG.org worldwide directories (http://www.hg.org/crime.html), â€Å"criminal law which is often called penal law, involves prosecution by the government of a person for an act that has been classified as a crime.† On the other hand, a crime is further defined as, â€Å"any act or (commission of an act) in violation of a public law forbidding it.† Thus, criminal law forms part of public law. Every citizen of a state has certain duties towards the state and in the interest of the society as a whole, the state prescribes certain norms of conduct that bind all members of the state upon which it has a jurisdiction to punish a person who trans gresses against these (Kleyn & Viljoen 2002). Thus, the persons who commit crime can be prosecuted in a criminal court and punished if found guilty. The punishment will be determined by the level of crime against the accused once convicted of a crime. It must be proved beyond any reasonable doubt that somebody has committed a crime and some facts have been recognised as crimes for many centuries and these mainly emanated from common law and they include but are not limited to the following: murder, robbery, shoplifting, rape, assault, arson as well as bribery among others (Anderson, Dodd & Roos 2003). Where there has been a commission of crimes of such magnitude, it is the state versus the accused whereby the state will initiate the prosecution whereby punishment will be effected once a person has been convicted of a crime. 1 The aim is to prevent further occurrence of similar crimes, punish the offender, rehabilitate and reform the offender as well as to protect the interests of th e society. Criminal law is often considered as the most effective technique that can be used to combat certain wrongful acts of conduct according to the Stanford Encyclopaedia of Philosophy. It is thus seen as an effective way of dealing with certain conducts which are deemed wrongful and violate the prescribed norms in society. In the given case involving Ahmed, the facts are: Ahmed, a diabetic, has left his wife, Blanche, and his son, Calum, for Diva who has given birth to his daughter, Elaine but for two years Blanche who has suffered at Ahmed’s humiliating and violent treatment. It is after Blanche sets alight the flat where Diva and Elaine are killed and Ahmed is overcome with grief, forgets to take his insulin and, before the police arrest Blanche, takes his gun and returns to the former matrimonial home. Indeed, when Blanche opens the door, Ahmed fires at her but misses and kills Calum instead. In this regard, it can be noted that specific crimes are punishable because they threaten the interests of the individuals and society as a whole. It is the duty of the state to ensure that these interests are protected. There are specifically four different groups of crime that can be identified as criminal and these include crimes against: another person, against community mores, against the interest of the state and against another person’s property. (Kleyn & Viljoen 2002). The most serious crime against another’