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Lane's considerable intellectual qualities were not confined to the academic aspects of the substantive criminal law.
In a stream of pellucid judgments, he did much to put the substantive criminal law on a modern footing.
"Prosecuting these two for their roles, without any connection to a substantive criminal offense, is well wide of the mark from a policy and legal point of view; it's just like killing two chickens in front of the monkey," he said, referring to a Chinese proverb about punishing the weak to frighten the powerful.
It is through the criminal trial that criminal responsibility and liability are formally assigned, and the norms and doctrines of the substantive criminal law are articulated and applied.
Similar(55)
They were charged with engaging in a racketeering conspiracy, conspiring to commit copyright infringement, conspiring to commit money laundering and two substantive counts of criminal copyright infringement.
(Some aspects of the substantive offence-defining criminal law are not addressed to all citizens, but only to those engaged in particular activities: only drivers are addressed by most of the road traffic laws, for instance, and only those who deal in shares are directly addressed by the laws concerning insider trading).
That simple positivist view of law is no longer widely held, but we can see a vestige of it in the very widespread view that the substantive, offence-defining criminal law consists essentially in a set of 'prohibitions' (rules that 'forbid' certain kinds of conduct), which citizens are supposed to 'obey' which, indeed, they supposedly have an obligation to obey.
Dotcom was held in custody of the New Zealand Police for 33 days and charged with "engaging in a racketeering conspiracy, conspiring to commit copyright infringement, conspiring to commit money laundering and two substantive counts of criminal copyright infringement".
As long as the "racketeering activity" is "chargeable" or "indictable" under an applicable criminal statute, the substantive RICO charge is available.
Complaining she lacked an independent investigatory agency, she added, "Without real substantive reforms to the current criminal justice system, we could try this case 100 times and cases just like it, and we would still end up with the same result".
Prest calls this "a marked advance on any previous introduction to English law.. including constitutional, civil and criminal law, public and private law, substantive law and procedure, as well as some introductory jurisprudential content".
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com