Fair Labelling Flashcards
(7 cards)
1
Q
What does fair labelling mean in criminal law
A
- crimes should defined to reflect their wrongfulness and severity
- must be adequately distinguished from other crimes
2
Q
Why is fair labelling important, especially for criminal cases
A
- there is moral stigma attached to crimes, so the crime the individual is convicted of must carry a ‘fair label’
- it is unfair to label a person a murderer if they are not one
3
Q
Where is fair labelling seen in criminal law
A
- assault causing ABH and inflicting GBH (S18 +20)
- the level of harm in each offence is clearly described and differentiated
4
Q
Where is fair labelling not present in criminal law
A
- murder - people who only have the intention of causing GBH can be convicted of murder (vickers)
5
Q
Why is fair labelling essential for society
A
- secures public confidence in the law And a sense of justice
6
Q
What was ashworths justification for for the principle of fair labelling
A
- Focuses on the practical effects of fair labelling to help vindicate its importance.
- e.g. if the offence D was convicted conveys the impression that his conduct was graver that it was, judges may pass more severe sentences, D may find it difficult to find employment etc
7
Q
How does robbery contradict the rule of fair labelling
A
- it is a broad crime, doesn’t distinguish between the different levels of force which might be used against the person.
- e.g. D uses a slight push to steal a bag, but commits the same offence as a masked gang who enters a bank with guns
