Rule and theory in criminal law - P1 Flashcards
(16 cards)
What is the primary basis for criminalising conduct?
The need to be free from harm
This includes both offences against the person and property offences.
What are the types of offences that aim to prevent harm to individuals?
The offences include:
* Fatal offences
* Non-fatal offences
* Property offences
* Regulatory offences
* Road traffic offences
What is paternalistic law?
Laws aimed at preventing individuals from harming themselves
Examples include drug classifications and smoking regulations.
Which case contrasted paternalistic and libertarian views in law?
Brown [1994] and Wilson [1997]
What is legal moralism?
A theory that laws can prohibit or require behaviour based on societal moral judgments
Opposite of legal liberalism which promotes liberty.
What is the concept of autonomy in criminal law?
The freedom of the individual to make choices about their actions
Which groups have limited autonomy under criminal law?
Groups include:
* Individuals under 18 years old
* Individuals with mental disorders
What is the principle of fault in criminal law?
Presumption that D is responsible for their own acts and consequences
Certain circumstances can negate this responsibility.
What does individual responsibility entail in criminal law?
No one should be convicted of a crime except based on their own actions
What is fair labelling in criminal law?
The offence charged must accurately describe the crime committed
Important to avoid undeserved moral stigma.
What is the correspondence principle in criminal law?
The mental element (MR) of a crime must match the physical act (AR)
What does maximum certainty in law refer to?
The law should clearly define the elements of a crime to ensure fair convictions
What is the principle of no retrospective liability?
Individuals cannot be held liable for acts that were not criminal at the time they were committed
Which article of the European Convention of Human Rights addresses retrospective liability?
Article 7(1)
What case exemplified retrospective legislation in English law?
War Crimes Act 1991
What is the significance of the R v R case (marital rape) [1992]?
It recognized marital rape as a crime and established that earlier cases supported this recognition
