2360 (CRIJ 1310) Fundamentals of Criminal Law. (3-0) A study of the nature of criminal law: philosophy and historical developments, major definitions and concepts, classification of crime, elements of crime and penalties using Texas Statutes as illustrations, and justifications of and defenses to criminal responsibility.
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Marieke de Hoon obtained her Law degree (LL.B.) at Utrecht University cum laude. She received her Master’s degree (LL.M.) cum laude from the two-year Master’s programme in Legal Research, at Utrecht University, where she specialized in International Criminal Law and Public International Law. Since 2008, Marieke has worked for the Public International Law & Policy Group (PILPG). She started as a Research Associate in Washington DC, after which she set up the Netherlands Office with Brianne McGonigle. Marieke’s position is Co-Director of the Netherlands Office and Senior Counsel to PILPG Global. PILPG is a global pro bono law firm and Marieke advises several clients that are party in peace negotiations and/or with post-conflict transitional justice and rule of law development.
International Law Clinic
Volkenrecht (Public International Law)
Marieke conducts research in the programme . Her PhD research concerns the crime of aggression, more specifically the problematic venture of applying law to the question of the aggressiveness of war. The research focuses particularly on the inherently political and radically indeterminate nature of the notion of aggression and how this relates to the nature of criminal law. The PhD project is supervised by Prof. Dr. Wouter G. Werner and Prof. Dr. Elies van Sliedregt.
Public international law; International criminal law; Peace & security; Transitional justice
All , via Metis
VU University Amsterdam
Faculty of Law
De Boelelaan 1105
1081 HV Amsterdam
Questions for Reflection – The Nature of Criminal Law
A third aspect, in addition to harmfulness and wrongfulness, is the public element in wrongs. One manifestation of this consists of those general obligations of citizens that are so important that the criminal sanction may be justified to reinforce them. A core of offences against State security may be justified on these grounds, as may some offences against the taxation and benefits system, so long as the limiting effect of the minimalist principle (see ) is kept in view. These are public wrongs, inasmuch as the victim is not an individual but the community as a whole, and it is right that the more serious among them are considered suitable for criminalization—not least where the gain or advantage obtained is as great as, or greater than, that obtained in the typical offence with an individual victim. But it is to the latter kind of offence that we must now turn, and this is where the public element becomes problematic. How can we tell which wrongs done to individuals are sufficiently ‘public’ to warrant the condemnation of the criminal law? As Antony Duff argues, the answer lies not in an aspect of the wrong itself, but in the public valuation of the wrong:
The Nature and History of Criminal Law - Pearson Education