Rules And Theory In Criminal Law

Question 1

What is paternalistic law

Answer 1

The view that some conduct should be criminalised in order to protect us from doing harm to ourselves
For example the supply of drugs such as heroin is illegal

Question 2

What is legal moralism

Answer 2

It’s a theory that laws may be used to prohibit behaviour based on society’s judgement to whether it is moral or not
R v brown

Question 3

What is autonomy of the individual

Answer 3

Individuals should be have freedom to do what they want and attempts to limit this should only be when necessary to limit harm

Question 4

Who has limited autonomy

Answer 4

Under 18s
Those suffering from mental health disorders

Question 5

What principles should be followed when a new criminal offence is drafted

Answer 5

Fair- labelling
Correspondence between AR and the MR
The elements are clean and give maximum certainty
Should not create retrospective liability

Question 6

Fair- labelling

Answer 6

The offence must correctly describe the kind of crime that has been committed
The label must be fair

Question 7

Correspondence

Answer 7

If AR and MR do not correspond the liability must not exceed the harm of the MR

Question 8

Maximum certainty

Answer 8

Law should be as certain as possible. If it is not known what elements constitute to a crime then is not fair that a person can be convicted of the crime
R v misra

Question 9

No retrospective liability

Answer 9

If the conduct is not an offence at the time it is done then it not fair to convict them of the offence