Rules And Theory In Criminal Law Flashcards

1
Q

What is paternalistic law

A

The view that some conduct should be criminalised in order to protect us from doing harm to ourselves
For example the supply of drugs such as heroin is illegal

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2
Q

What is legal moralism

A

It’s a theory that laws may be used to prohibit behaviour based on society’s judgement to whether it is moral or not
R v brown

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3
Q

What is autonomy of the individual

A

Individuals should be have freedom to do what they want and attempts to limit this should only be when necessary to limit harm

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4
Q

Who has limited autonomy

A

Under 18s
Those suffering from mental health disorders

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5
Q

What principles should be followed when a new criminal offence is drafted

A

Fair- labelling
Correspondence between AR and the MR
The elements are clean and give maximum certainty
Should not create retrospective liability

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6
Q

Fair- labelling

A

The offence must correctly describe the kind of crime that has been committed
The label must be fair

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7
Q

Correspondence

A

If AR and MR do not correspond the liability must not exceed the harm of the MR

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8
Q

Maximum certainty

A

Law should be as certain as possible. If it is not known what elements constitute to a crime then is not fair that a person can be convicted of the crime
R v misra

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9
Q

No retrospective liability

A

If the conduct is not an offence at the time it is done then it not fair to convict them of the offence

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