Theories of Criminal Law Flashcards
What is the definition of legal paternalism?
The justification of state coercion to protect individuals from self-inflicted harm, or in its extreme version, to guide them, whether they like it or not, toward their own good.
What are some examples of legal paternalism?
cases involving mental illnesses have mental hospitals.
The legal age of consent.
cases to do with minors allows for age to be a mitigating factor.
What is the definition of legal necessity?
Where the defendant is arguing that it was necessary for them to commit a crime.
Usually occurs when the defendant has two choices, either commit the crime, or suffer another extreme hardship.
According to Sir James Stephen, what are the three requirements for the application of the defence of necessity?
(i) the act is needed to avoid inevitable and irreparable evil:
(ii) no more should be done than is reasonably necessary for the purpose to be achieved;
(iii) the evil inflicted must not be disproportionate the evil avoided.
what are some examples of acting under legal necessity?
The defence of Self-defence, Household Law, Medics break into houses in order to help someone who needs urgent medical attention.
What is the harm principle?
The only actions that can be prevented are the ones that cause harm; essentially, a person can do whatever he wants as long as his actions do not harm others. under this principle, if a persons actions only concern themselves then then society, including the government, should not be able to stop a person from doing what he wants.
What are some examples of the harm principle?
Euthanasia, suicide, public indecency, doing drugs, being drunk and disorderly.
What were the key points of law established in the case of Re: A (Conjoined twins) 2001?
The decision made by the doctor in question, to surgically separate conjoined twins, should have come under the principle of legal necessity due to medical ethics. One of the twins had to die in order for the other to survive and without the procedure both twins would have died.
What were the key points of law established in the case of R v Brown 1993?
The decision made for Brown and others to participate in sadomasochistic acts was found to be a form of invalid consent due to the nature of the acts causing ABH. Such violent sexual acts are not seemed as consensual due to the fact that it isn’t in the public interest to encourage such acts.
What were the key points of law established in the case of Gough v DPP 2004?
He was charged under the Public Order Act 1986 with offences relating to public indecency. However, under the harm principle, a person can do as he wishes as long as he causes noon else harm, which he did not.
What were the key points of law established in the case of Vickers 1957?
The defendant fatally killed an old woman during the robbery of her home. The point of law established is that the defendant has the direct intention (guilty mind) to go an commit robbery. The woman got in the way of that plan and so he therefore attacked her. This reaffirmed “the intent to cause serious harm” which means that if the defendant intends to cause any level of harm and then the victim then goes on to die, he will be guilty of murder.
What were the key point of law established in the case of Collins 1973?
The central issue in this case was whether the defendant, Collins, had “entered” the building for the purposes of burglary under section 9(1)(a) of the Theft Act 1968. Collins had climbed through an open window of a woman’s house, and he had been invited in by the woman who mistook him for her partner. The issue was whether he had entered the house unlawfully, as a trespasser, or whether his entry was lawful given the woman’s invitation.
