seperation of powers
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For a practice to be subject to criminal sanctions it is not enough in our submission that it is regarded as immoral, nor is it enough that it should cause harm. Both of these are minimum conditions for action by means of the criminal law but they are not sufficient.
There have been many attempts to define the meaning of a crime. Professor Ainsworth has written "The chief concern of the criminal law is seriously anti-social behaviour. But the notion that English law is only concerned with serious anti-social acts must be abandoned as one considers the broad canvas of criminal liability. (Principles of criminal law)
Diana Roe (criminal law) describes crime as a wrong against the state either by commission or omission. She tries to explain the nature of crime but fails to address the issue of why it comes into this category. Most crimes are also moral wrongs, such as a crime of murder and theft, crime and morality however do not always combine in such a definite way. It may be argued that it is wrong to tell lies or to commit adultery, but unless the lies are told under oath or the adultery committed in public so as to offend against public decency, the criminal law will not become involved. It must be borne in mind that while certain crimes remain constant, views about other behaviour may change over the years, acts classed as criminal forty years ago are not offenses today...