Theory 2 - What is the role of autonomy, fault and individual responsibility Flashcards
What does autonomy of the individual mean?
An individual should have the freedom to do what she wants.
When can autonomy be limited?
To prevent harm, such as when D decides to attack V.
What does autonomy imply about individual behavior?
Individuals should be treated as responsible for their own behaviour.
Which groups of people have limited autonomy?
Children under the age of 18.
What is the purpose of criminal law concerning children?
To protect them as they may not fully appreciate the consequences of their actions.
What is an example of protection for children under criminal law?
The ban on selling certain products to children below specified ages.
What does the criminal law generally presume about D’s actions?
D is responsible for his own actions and the consequences of those actions.
When might the criminal law recognize that D is not at fault?
If D lacks mens rea for an offence, if D is under 10, if D is an automaton or insane, or if D acted in self-defence or under duress.
What is mens rea?
The mental state or intention to commit a crime.
What is a category of offence that clashes with the principle of fault?
Offences of strict liability.
Can someone be convicted of an offence based on another person’s actions?
No, unless he has contributed to the crime in some way.
What does contributing to a crime include?
Encouraging or assisting the commission of a crime.
