The criminal law actively delineates the boundaries around what constitutes criminal behavior and sets out the thresholds for criminal
The criminal law actively delineates the boundaries around what constitutes criminal behavior and sets out the thresholds for criminal responsibility for specific offences. Tensions and criticisms sometimes arise with respect to these issues. For example, are the boundaries appropriate? Do they effectively capture the offending behaviour, or are they too broadly or narrowly constructed? Are there deficiencies in the construction of criminal responsibility in particular offence types?
Question: Choose two examples of criminal offences. For each example, consider the issue raised above by describing key aspects of the offence’s elements, and critically examining any tensions or problems that arise with respect to its interpretation and/or application.
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