TOPIC 1: RULES AND THEORY IN CRIMINAL LAW Flashcards
Give an example of Physical harm to individuals
Murder, manslaughter, offences against the person e.g. assault.
Give an example of harm to victim via property offences
Theft, robbery, burglary.
Give an example of harm to the wider community
Public order offences, terrorism
Give an example of risk of harm to the public
issues with pollution, selling foods past sell by date, road traffic offences
Give an example of protection of doing harm to ourselves (paternalistic law)
drug dealing leading to drug addicts and losing control of their lives.
What is autonomy?
where individuals should have freedom to do what they want, where they want and when they want. (limited if causing harm to others)
What was the Brown 1994 case?
group of men were convicted for involvement in consensual sadomasochistic sexual acts. nobody complained or needed medical care, however they were found guilty.
What is fault?
to be responsible for one’s actions or a consequence of the actions. those at fault are accountable.
What is individual responsibility?
convicted of crimes unless they have individual criminal liability. not convicted of a crime of another, they must have contributed to the crime to be prosecuted.
What is maximum certainty?
shouldn’t be convicted of a crime if the elements that constitute a crime are not known.
what is no retrospective liability?
where a defendant can be convicted of a crime which was not technically a crime by law when they committed it.
What is R V R case?
D charged with marital rape even though it wasn’t a crime when it was committed. he was still found guilty.
What is fair labelling?
an offence committed must correctly describe the crime that’s been committed due to moral stigma and to distinguish it from other crimes.
What is Correspondence?
actus Reus and mens rea should correspond
What is justice?
what is determined to be fair
