Create a 7 pages page paper that discusses criminal law of england & wales the psychological theory. That means the punishment is not the same for every crime committed. Law-makers create different laws for different crimes. According to the constitution, every crime should be dealt with severity depending upon its cause and effect on the community. There are two basic elements of a crime – one is the criminal and the other is the intention or motive with which the crime is being committed (Ashford, Chard & Redhouse, 2006). However, in many cases, the law states that it is not necessary to show the intention of committing the crime. This is where the court and the lawyers use the term strict liability. This is the loophole that the law of crime possesses. It is necessary for the law-makers to give the motive of the crime more importance as it would reflect the psychological state of the mind of the person is committing the crime.
The law-makers should make better use of the psychological theory and research while formulating rules and laws of criminal responsibilities. There are numerous cases where the criminal is mentally not stable and has committed a crime (Bailey & Turbuck, 2006). This is where the research for psychological influence on crime comes in place. For example, a mentally retarded boy has picked up a pack of candy from the store as he likes it and does not pay the money for the same as he does not have it. The shop owner has filed a lawsuit against him and the court also does not look at the circumstances or his psychological state of mind and convicts him with the charges and handed him punishment for the same (Bradley, 2009). This is where the law-makers need to understand the psychological state of mind of the criminal when the crime is being committed. This approach would surely make the law more strong.
The law-makers need to understand and research why the mental .disability has happened to the boy – it can be due to ill-health or learning disability or sometimes, it may be due to severe brain damage. Today, the mental incapacity or lack capacity gets legal significance only in forums such as the tribunals, family and civil hearings. It is necessary to make the lack of mental capacity significantly in the criminal proceedings as well (Gibbs & Hickson, 2009). The law-makers need to understand the psychological state of the mind and whether the accused is mentally fit to plead. .