theories of criminal law

• What is a basis for criminalising conduct?

  ‘Harm’ is a basis for criminalising conduct
• What does the principle of harm in criminal law imply?

  Individuals have a right to be free from harm
• Which offences illustrate the principle of harm?

  Murder and manslaughter
• How do strict liability offences relate to harm?

  They protect people from harm, like pollution
• What is the nature of paternalistic law?

  Paternalistic law protects individuals from self-harm
• How is the law inconsistent regarding harmful activities?

  Smoking is legal despite health risks
• What was the outcome of R v Brown 1994?

  Consenting adults were convicted under law
• What was decided in R v Wilson 1997?

  No unlawful act was found with consent
• What is legal moralism in criminal law?

  Immoral conduct should be criminalised
• What did Lord Hobhouse state about criminal law?

  It defines boundaries between criminal and immoral conduct
• What should limit individual autonomy according to criminal law?

  Limiting harm should restrict autonomy
• Who has limited autonomy in criminal law?

  Those under 18 and mentally disordered
• Is assisted suicide legal in English law?

  No, assisted suicide is illegal
• What does the principle of fault imply in criminal law?

  Presumes no fault in certain circumstances
• What is the age of criminal responsibility in England?

  10 years old
• What is the concept of individual responsibility?

  A person is responsible for their own actions
• What are the principles for framing criminal law rules?

  Fair labelling, correspondence, certainty, no retrospective liability
• What is fair labelling in criminal law?

  • Offence must correctly describe the crime
  • Important due to moral stigma attached
  • Not always adhered to in practice
• What is the correspondence principle in criminal law?

  AR and MR should be aligned in crimes
• What does maximum certainty in law imply?

  The law should be clear and certain
• What does no retrospective liability mean?

  No conviction for acts not illegal at the time
• What was significant about R v R 1991?

  Marital rape was recognized as a crime