Principles of Criminal Law - Paper 1 Flashcards
What is the definition of harm?
Causing physical or psychiatric injury to someone, or causing damage to property
When should criminal law intervene under the principle of harm?
When an individual’s actions cause harm to others or society
What was John Stuart Mill’s principle of harm?
He asserted that individuals should be free to do as they wish unless their actions cause harm to others
What is Joel Feinberg’s theory of harm?
Criminal law should only punish actions that cause harm to others
What types of conduct can cause harm to yourself?
Self-harm, self-inflicted injury, consent to injury inflicted by others, suicide, euthanasia
What is the principle of individual autonomy?
Individuals should have the freedom to do what they want, where they want, and when they want unless their actions do not harm others
What was Mill’s theory of individual autonomy?
He advocated that the state should only intervene when an individual’s actions cause harm to others
What is the principle of fair labelling?
The law should be made so that the elements of the offence are clear and criminal law must appropriately categorise conduct
When would it be unfair to label someone a ‘murderer?’
If they didn’t have an intention to kill or cause GBH
What was Husak’s theory of fair labelling?
Legal labels (such as murder vs manslaughter) must correspond to the severity of the offence and the moral culpability of the actor, and mislabelling an offence can lead to unjust consequences for the defendant, such as harsher punishments or moral stigma
What is the principle of correspondence?
There must be an appropriate match between the actus reus and the mens rea of an offence
What is Paul Robinson’s theory of correspondence?
Emphasises the importance of correspondence between the actus reus (guilty act) and mens rea (guilty mind), arguing that individuals should not be held liable unless both elements are present
What is Michael Moore’s theory of correspondence?
The law must establish a clear link between the crime and D’s mental state (e.g. intention and recklessness) in line with the principle of correspondence between the act and the actor’s blameworthiness
What is the principle of maximum certainty?
The law should be as certain as possible, so clear and precise, and any person should be able to determine in advance what conduct is or is not criminal and adjust their behaviour accordingly
Give an example of a crime which breaches the maximum certainty principle?
The imprecise definition of ‘gross’ in gross negligence manslaughter
