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Theory of criminal law
Principles formulating rules in crim. law
Fair labelling
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Cards (7)
What is fair labelling?
The offence a person is convicted of must describe the crime that has been committed
What is the reason for fair labelling?
May be
moral stigma
attached
to
conviction
It is argued it is
unfair
to
label
a
person
a
murderer
when he didn't
intend to kill
It is important for the
label
to
differentiate
the
offence committed
from
other offences
Where is fair labelling seen?
Comparing
s47
and
s18
/
s20
Why is fair labelling present in s47 and s18/s20?
Level of harm
caused
clearly described
and
differentiated
What other principle does fair labelling link to?
Correspondence