S1: Key Principles to criminal law

Question 1

What is individual autonomy ? What does this suggest about why we have criminal law ?

Answer 1

This is where people have the freedom to make their own decisions. Individuals should be able to choose whether they want to live or not.
Therefore, the reason we have criminal law is to protect the autonomy of individuals.

Question 2

What is the Harm Principle ?
(Quote from the ‘On Liberty’ book included )

Answer 2

Where behaviour that is harmful to others should be criminalised.
“The only reason for which powers can be rightly exercised over any member of a civilised community agaisnt his will is to prevent harm to others.”- John Stuart Mill

Question 3

What is the presumption of innocence principle ?

Answer 3

This is the cornerstone of the ELS representing a fundamental protection for citizens against opression from the state. it provides this protection by recognising that criminal law and criminal sanctions have serious consequences for individuals i.e., custodial sentences.

Question 4

Which two cases fall under the presumption of innocence principle ?

Answer 4

• Woolmington v DPP- prosecution must prove the crime has been committed and prove guilty beyond reasonable doubt
• Kritz. Summer- Satisfy the jury/magistrates to be sure of the D’s guilt

Question 5

What is the Ladder Principle ?
What case comes under this ?

Answer 5

This is concerned with the relationships between offences.
In the R v Coutts (2006) UKHL39 case, Lord Bingham suggested defendants should only be convicted of the cases they have commited. The innocent should be acquitted.

Question 6

What is the Culpability Principle ?

Answer 6

This provides an alternative aspect on criminalisation focusing on blameworthiness.

Question 7

What is the Formula for the Culpability Principle ?

Answer 7

AR (guilty act) + MR (guilty mind) + (absence of defence) = criminal liability