Criminal Law
7
Johannes Keiler, Michele Panzavolta, and David Roef
7.1 Introduction: The Nature and Function of Criminal Law
John B. has recently lost his job as a civil servant. He embezzled money from his employer,
the municipality, which his rival Markus M. had reported to B’s superiors. Disgruntled and
desperate for revenge John decides to kill M. He buys a cake from a local bakery to which
he adds a large dose of arsenic and subsequently sends it by post to Mr M’s house, where
M. lives together with his wife. As Mr M. is not at home on the day the cake is delivered,
Mrs M. gladly accepts the parcel. Although the parcel is addressed to her husband, Mrs M
cannot resist the temptation and cuts herself a nice piece of cake. She dies that very evening
from arsenic poisoning.
Under extreme media pressure, the police engage in a swift investigation. They carry
out a forensic analysis of the dead body, question Mr M and all the family relatives, and
thoroughly search their houses. Having found out that M’s wife had a love affair with a
neighbour, the police place M in custody for murder. The arrest receives large media
coverage, with the police being praised for having discovered the culprit so swiftly. Few
days later John B. voluntarily goes to the police claiming that he might have information on
how M killed his wife. He narrates that few weeks before the lethal incident he had a chat at
the office with M during a coffee break about how he had managed to kill the mice infesting
his house by using poison. On that occasion M had asked him to provide him with some of
that poison because he shared the same problem. M. is brought to trial on the charge of
murder, where he is acquitted. The cross-examination of John B. by M’s counsel, combined
with the depositions of the local baker and of some employees of the municipality proved
crucial. A month later John B. is taken to trial and convicted for murder.Crime and criminal law arguably constitute omnipresent topics in our society.
Literature, newspapers, and television programs are full of examples of the one
above, which seem to fascinate and appall us at the same time. Likewise, issues of
criminal law and criminal policy often feature prominently in political discussions
and election campaigns. Citizens demand security from their governments, and
criminal law seems one suitable tool for the task of providing it.
J. Keiler () • M. Panzavolta () • D. Roef
Maastricht University, Maastricht, The Netherlands
e-mail:[email protected];[email protected];david.
[email protected]
J. Hage and B. Akkermans (eds.),Introduction to Law,
DOI 10.1007/978-3-319-06910-4_7,#Springer International Publishing Switzerland 2014
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