2 - Theory of criminal law

Question 1

John Mills

Answer 1

Harm to others is the only justifiable basis imposing criminal liability

Question 2

Hart

Answer 2

suggested stopping somebody from harming themselves can also be a justification for criminalising conduct – paternalism

Question 3

Paternalism

Answer 3

the state is justified in proiecting individuals from harm

Question 4

Legal moralism

Answer 4

Criminalising conduct on the basis of its lack of morality – without the need to establish harm or offensiveness

Question 5

Devlin

Answer 5

argues that society’s shared morals hold society together so it is right to criminalise immoral conduct to preserve the society

Question 6

Autonomy , fault and individual responsibility

Answer 6

Most adults who are not suffering form illness are considered to be autonomous and therefore responsible for their own actions

Question 7

Fair labelling

Answer 7

Crimes should be defined to reflect their wrongfulness and severity
essential for securing a sense of justice

Question 8

Why is fair labelling important

Answer 8

Description – crime must be properly described, be clear and communicated
Differentiation – crime must be clearly distinguished from other crimes eg. murder and manslaughter

Question 9

Corespondence

Answer 9

The correspondence principle – a D should not be liable for an act unless they mean to do it, or at least knowingly ran the risk

Question 10

What offences do not inkeep witht he corespondence principle

Answer 10

law commision criticised s20 and s47

Question 11

Maximum certainity

Answer 11

Legal certainty means that decisions are made according to legal rules ie. They are lawful
This means it is clear for society

Question 12

No retrospective laibility

Answer 12

The law doesnt apply to the past

Question 13

No retrospective laibility

Answer 13

The law doesnt apply to the past