LAW P1 Q9 (Theory)

Question 1

What is the first point for the criminal theory para?

Answer 1

(The principles of fair labelling)

The principles of fair labelling, correspondence, maximum certainty, and no retrospective liability further shape criminal law

Question 2

What is the second point for the criminal theory para?

Answer 2

(Fair labelling ensure)

Fair labelling ensures that offences are accurately named and reflect the severity and nature of the crime

Question 3

What is the third point for the criminal theory para?

Answer 3

(For example, distingushing)

For example, distinguishing between murder and manslaughter reflects differing degrees of culpability

Question 4

What is the fourth point for the criminal theory para?

Answer 4

(However, in cases such as)

However, in cases such as R v Duffy, fair labelling has been questions, particularly when defendants are unfairly categorized

Question 5

What is the fifth point for the criminal theory para?

Answer 5

(Correspondence requires alignment)

Correspondence requires alignment between the defendants actions (actus reus) and their state of mind (mens rea). Crimes like murder demonstrate the application of this principle

Question 6

What is the sixth point for the criminal theory para?

Answer 6

(However, strict liability offences)

However, strict liability offences, which do not require proof of mens rea, challenge the concept of correspondence.

Question 7

What is the seventh point for the criminal theory para?

Answer 7

(Maximum certainty demands)

maximum certainty demands that individuals can predict what conduct is criminal. Ambigous terms such as ‘gross negligence’ in manslaughter risk undermining this principle.

Question 8

What is the eigth point for the criminal theory para?

Answer 8

(No retrospectice liability prohibits)

No retrospective liability prohibits the imposition of criminal liabiliy for conduct that was not criminal at the time it occured. This principle upholds the rule of law by ensuring individuals are aware of legal boundaries

Question 9

What is the ninth point for the criminal theory para?

Answer 9

(While legislative retrospective liability is rare)

While legislation retrospective liability is rare, judicial reinterpretations, such as in R v R where marital rape was criminalised, can create retrospective effects.

Question 10

What is the tenth point for the criminal theory para?

Answer 10

(Overall, these principles ensure)

Overall, these principles ensure that criminal law maintains fairness, clarity, and accountability while upholding societal values and protecting individuals from harm

Question 11

What is the elevnth point for the criminal theory para?

Answer 11

(However, the extent to which)

However, the extent to which these principles are consistently applied remains a subject of ongoing debate

Question 12

What are all 11 points for the criminal theory para?

Answer 12

1. The principles of
2. fair labelling ensures
3. for example distingushing
4. however in cases such as
5. correspondence requires alignment
6. however strict liability offences
7. maximum certainty demands
8. no retrospective liability prohibits
9. while legislative retrospective liability is rare
10. overall these principles
11. however the extent to which