Criminal law theory Flashcards
(5 cards)
Correspondence
Correspondence requires alignment between the D’s actions (actus reus) and their state of mind (mens rea).
Crimes like murder, where the intent to kill must align with the resulting death, demonstrate the application of this principle. However, strict liability offenses, which do not require proof of mens rea, challenge the concept of correspondence.
The case of Sweet v Parsley (1970) exemplifies judicial reluctance to impose liability without fault.
Max certainty
Maximum certainty demands that individuals can predict what conduct is criminal.
Ambiguous legal terms, such as ‘gross negligence’ in manslaughter, risk undermining this principle.
Similarly, the requirement for ‘dishonesty’ in theft has faced criticism for its subjective interpretation, leading to the revised test in Ivey v Genting Casinos (2017)
Fair labelling
Fair labelling ensures that offenses are accurately named and reflect the severity and nature of the crime, preventing unjust stigmatisation.
For example, distinguishing between murder and manslaughter reflects differing degrees of culpability.
However, in cases such as R v Duffy (1949), fair labelling has been questioned, particularly when Ds are unfairly categorized due to the absence of specific labels like ‘domestic homicide.’
No retrospective liability
No retrospective liability prohibits the imposition of criminal liability for conduct that was not criminal at the time it occurred.
This principle upholds the rule of law by ensuring individuals are aware of legal boundaries.
Cases such as R v R (1991), where marital rape was criminalised, can create retrospective effects.
Though often justified in cases addressing outdated societal norms, retrospective decisions may raise concerns about fairness and legal certainty.
Overall
Overall, these principles ensure that criminal law maintains fairness, clarity, and accountability while upholding societal values and protecting individuals from harm. However, the extent to which these principles are consistently applied remains a subject of ongoing legal debate.
