intro to criminal law

Question 1

what is the latin name for guilty act

Answer 1

actus reus

Question 2

what is the latin name for guilty mind

Answer 2

mens rea

Question 3

what needs to be present for someone to be gulity

Answer 3

mens rea and actus reus

Question 4

what two principles must apply to every case

Answer 4

suspect is innocent till proven guilty
jury must be convinced beyond reasonable doubt

Question 5

what are all the theories of criminal law (8)

Answer 5

legal paternalism
individualism and collectivism
legal necessity
legal moralism
the harm principle
distributive justice
socio-economic and public policy factors
symbolic criminalization

Question 6

legal paternalism

Answer 6

idea thar laws and policies exist to try stop people from engaging in risky behavior that may cause harm. this can be seen in laws that prohibit drug taking

Question 7

individualism and collectivism+case

Answer 7

balance between rights of individual against rights of society- Gough v DPP

Question 8

what happened in gough v dpp

Answer 8

he walked down the street naked and people were disgusted

Question 9

legal necessity + case

Answer 9

asks the question of whether it is every right to break the law to avoid sure evil (no choice but to break the law)- re a (conjoined twins) 2000

Question 10

re a (conjoined twins) 2000

Answer 10

Person didn’t want to cut their twins as one would potentially die but if doctors didn’t do it then both would die

Question 11

legal moralism + case

Answer 11

laws used to prohibit certain behaviours based on whether society thinks it is wrong. Wolfenden committee

Question 12

what did the wolfenden committee do

Answer 12

The committee’s report recommended that male homosexual acts should be partially decriminalized

Question 13

the harm principle-theory

Answer 13

says that the state should only stop/control behavior which is harmful to others and that if there is no real victim there should be no punishment

Question 14

distributed justice - what law

Answer 14

in order to get justice in society there needs to be an equal distribution of societies resourses-social welfare law- payment of benefits from tax funds

Question 15

socio-economic and public policy factors + case

Answer 15

law looks at a number of factors (the economy, and government actions that influence and shape the well-being of individuals and communities) when making decisions on public policy factors- . Bromley LBC V GLC

Question 16

bromley LBC V GLC

Answer 16

decided that bromley council is not legally bound to follow through all promises made in manifesto

Question 17

symbolic criminalisation

Answer 17

some crimes are publically percived as being worse than other crimes

Question 18

what do legal principles of criminal law do

Answer 18

guide the way decisions are made in parliament

Question 19

what are legal principles of criminal law (3)

Answer 19

fair labelling
fair warning and certainty
non-retroactivity

Question 20

fair labelling case

Answer 20

chalmers and leverick 2008

Question 21

chalmers and leverick

Answer 21

Includes methods to improve jurors memories and comprehension instead of just note taking

Question 22

fair warning and certainity case

Answer 22

r v rimmington

Question 23

r v rimmington

Answer 23

Rimmington sent hundreds of letters containing racial offensive material to several people- got classed as a public nuisance

Question 24

non-retroactivity case

Answer 24

r v r

Question 25

r v r 1991

Answer 25

D, was charged with attempted rape of his wife who had left him and lived with her parents/The House of Lords abolished the old rule that a husband cannot rape his wife and held that D was guilty

Question 26

what is fair labelling

Answer 26

when labelling someone as criminal, or as a criminal of a specific offence, it should be suited to their actions

Question 27

how to remember the theories of criminal law (little story)

Answer 27

legal parents,
collect individuals,
as its legally necessary,
and moral,
or they could be harmed (its principle),
so all have justice,
in this economy (its policy),
or they would be a symbol of crime