Omissions

Question 1

3 Criticisms of Omissions

Answer 1

• Act v Omission hard to recognise
• Moralism
• Utalitarianism

Question 2

Cant tell between act/omission

Answer 2

Speck (child touching mans doesnt move hand/act) v Bland (Actively taking someone off life support/ omission)

Law = arbitrary -> risk of eroding RoL

Question 3

Moralism

Answer 3

Instead of distinguishing acts v omissions (just criminalise immoral conduct)

• Denis Baker -> law should follow morality watching a drowning child

Question 4

Criticisms of Moralism

Answer 4

Subjective

Punishing people for subjectivity

Baroness Hale -> This is not the role of the courts

Question 5

Utalitarianism

Answer 5

Law should benefit most people in society

Numerical strict way of looking at things -> Heymans social respknsibility rule probably better

Question 6

3 Reasons why the reform on law is not needed

Answer 6

Liberalism - should only criminalise actions that harm others for individual autonomy

Disproportionate - (Ashworth Fair labelling) -> is someone who omits to help the same level of criminal as someone who kills someone else

Overcriminalisation -> Horder

Policy Reasons -> Slipper Slope -> where does it stop -> Floodgates