nature + theory

Question 1

what is a crime?

Answer 1

a prohibited act with penal consequences

Question 2

what do actus reus and mens rea mean?

Answer 2

actus reus - the guilty act
mens rea - the guilty mind

Question 3

what does ‘actus non facit reum nisi mens sit rea’ mean?

Answer 3

the act is not guilty unless the mind is also guilty

Question 4

what is the burden and standard of proof in criminal law?

Answer 4

burden - on the prosecution to prove D’s guilt
standard - beyond reasonable doubt

Question 5

what are two ways in which new crimes can be created?

Answer 5

-acts of parliament
-doctrine of precedent (common law)

Question 6

who are the 4 people associated with harm in criminal law?

Answer 6

-John Stuart Mills - harm is the only justifiable basis to impose criminal liability
-HLA Hart - paternalism (stopping someone from causing harm justifies criminal conduct)
-Joel Feinberg - behaviour that is offensive but not harmful should be criminalised
-Patrick Devlin - legal moralism (criminalise morally wrong conduct)

Question 7

what does it mean to be autonomous?

Answer 7

legally capable of making your own decisions and therefore legally responsible for the consequences

Question 8

what are the 4 principles in making criminal rules?

Answer 8

-fair labelling (description and differentiation)
-correspondence (what the defendant intends should be what happens)
-maximum certainty (citizens should be able to function without breaking the law)
-no retrospective liability (cant apply to previous cases)