No retrospective liability

Question 1

Definition of no retrospective liability

Answer 1

An individual should not be liable for actions that were not considered a crime at the time that the actions were committed.
It would be unfair to convict D of a new offence, which was legal at the time it was committed.

Question 2

Theorist 1

Answer 2

Kant

Question 3

Kant

Answer 3

It would violate the principle of justice if a person was to be held liable for actions that were legal at the time

Question 4

Example of no retrospective liability being broken

Answer 4

R v R
D was convicted of the rape of his wife, which was legal at the time it was done
This means that no retrospective liability was not upheld, because D was convicted, even though what he did at the time was legal.
Although this breaks the rule of no retrospective liability, this was seen as morally correct