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Learning points
Why should something be made a crime?
Moral reasons
Instrumental reasonschange social norms
How should it be criminalized?
Legality
Culpability
Proportionality
Bear these points in mind throughout course
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Singapores criminal legal system
Part of larger State regulatory framework
Constitutional law governs r/s between State and citizen
Criminal law Penal Code and other criminal laws (e.g. Misuse of Drugs
Act)
Supporting systems Executive action (e.g. Criminal Law (Temporary
Provisions) Act public safety, peace and good order
Administrative action (e.g. rehabilitation centers)
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The criminal law
The Singapore legal system
Constitutional law
Contract law
Tort law
Criminal law
What distinguishes the criminal law from other
areas of law?
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The criminal law
Consequences of making something a crime
State-imposed punishment
Serious consequences
Labeling of individual as a criminal
Expression of moral disapproval
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Aims of punishment
What does State-imposed punishment aim to
achieve? Why punish?
Retribution purposes
Utilitarian purposes
Deterrence (specific, general)
Communicationsocial/cultural/moral values
Paternalismeducative function
Rehabilitation
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Alternative ways of approaching
crime
Restorative justice movement
Crime seen harming the relationship between
victim and perpetrator
E.g. juvenile justice
Victims rights
Transitional societies/mass atrocities
Truth and reconciliation
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Making something a crime
Criminalization on what basis?
Harm to others
Definition of harm
Violation of interests
E.g. offensive behavior
Community values E.g. family values (who decides? conflicting values?)
Public order
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History: Singapores Penal Code
Originally written for India
1833: Indian Law Commission
1837: Draft Code under Macaulay
1860: became law in India
Singapore 1826: Straits Settlement (Singapore, Melaka, Penang)indirectly
administered
1826: Second Charter of JusticeEnglish criminal law
1860s: attempt to introduce into Singaporefaced resistance 1. localconditions 2. English judges more familiar with common law
1872: Straits Settlements Penal Code came into force
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History: Singapores Penal Code
Colonial legacy
Aims of code
Comprehensive
Accessible
Modern
Democratically made
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Comprehensive
Limits of codification
Need for judicial interpretation
Principles of judicial interpretation?
Plain reading
Purposive reading
Pro-individual approach - strict construction Role of the courts (v.s. executive, legislature)
Pro-defendant or pro-State?
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Strict judicial interpretation: MDA
Possession - not defined in MDA
Does this include knowledge of nature of what youare having
To what extent must you know the nature of what you have judicial decisiononly if wholly different nature
some academics argue that you wont get off if youbelieved what you are carrying is aspirin vs heroin- still
drug
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Accessibility
Original intention
Explanations, illustrations
Private defense
Need for particular clarity
11 provisions
97 (b) PD of property arises against offence falling within
the definition of theft, robbery, mischief or criminal
trespass, or which is an attempt
102. the right of PD of body commences as soon as a
reasonable apprehension of dangerto the body arises
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Modern
Changing moral values
Amendment of s. 377
S. 377A Any male person who, in public or
private, commits any act of gross indecency
with another male person 2 years
How should such changes be made?
Judiciary
Public discussion
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Modernization
Ad hoc approach taken
Social problems
Increase in punishment for killing of domestic
helpers
International developments
Criminalization of genocide
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Democratically made?
Colonial origins
Time for change?
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