Rules of law Flashcards
What is a paternalistic law
Conduct which is criminalised to protect others from doing harm to themselves
What is legal moralism
Laws which are decided based on societies ideas on if they are moral or not moral.
What is the meaning of autonomy of the individual
Each individual should have the freedom to do as they want. This also means they should be treated responsible for their own behaviours
Which group of people have limited autonomy
- Those under 18
- Those suffering from mental disorders
What is fault
Person responsible for the act
Which groups of people do the courts recognise are not fully at fault
- Children under age of criminal responsibility
- Being by pushed by another individual
- Where the mens rea can not be formed e.g. due to -intoxication
- Act of self defence
What is individual responsibility
A person is not responsible for a crime unless they contributed to the crime. Cannot be convicted unless they commit an act
What is fair labelling
Making sure an individual is convicted correctly for the kind of crime that has been committed
What is correspondence
When the mens rea don’t match
Maximum certainty
Law should be certain
What is retrospective liability
When the act was committed if it was not an offence, a person should not be convicted if it is classed an offence now
