Introduction to criminal law

Question 1

Glanville Williams

Answer 1

a crime is “an act capable of being followed by criminal proceedings having a criminal outcome”

Question 2

Duff

Answer 2

“The criminal law does not (cannot) turn conduct that is not already wrongful into a moral wrong: it does not determine, but presupposed, the moral wrongfulness of the conduct that it defines as criminal”

Question 3

Principles of criminal law (4)

Answer 3

Principle of legality
Principle of minimal criminalisation
Principle of proportionality
Principle of fair labelling

Question 4

Principle of legality

Answer 4

Bingham’s RoL: criminal offences should be clearly defined in advance

Question 5

Principle of minimal criminalisation

Answer 5

Husak: criminal law should only prohibit something if it’s absolutely necessary
Feinberg: censure function of the criminal law will be lost if less serious conduct is criminalised

Question 6

Principle of proportionality

Answer 6

Tadros: crime is not only a wrong to the victim, public wrong may justify prosecution even where V does not want it; this protects V from intimidation

Question 7

Principle of fair labelling

Answer 7

Mitchell: description of the offence should match the wrong; criminal offences involve labelling and stigma, so the law needs to be fair and accurate in assigning these labels

Question 8

What conduct should be criminal?

Answer 8

Raz: autonomy; one should be free to live one’s life autonomously, free from coercion, having options and knowing what they are; prevent one’s autonomy from interfering with the autonomy of another
Mill: harm principle; the state should only intervene to prevent people from harming others (interfering with their interests)

Question 9

Consequentialist theory of punishment

Answer 9

Walker: personal deterrence; punish the offender and deter them from offending again
Richards: reform and educate the prisoner
Morris: offender removed from society and prevented from causing more harm
Von Hirsch and Maher (objecting): evidence that people can be reformed is inconclusive

Question 10

Non-consequentialist

Answer 10

Kant: punishment is justified because the offender deserves it
Von Hirsch: impose a sentence proportional to the harm that’s been done