Theory in Criminal Law (AQA A-Level Law): Flashcards
📚Flashcards
Practise the cards
10 cards from this deck
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Practise the cards
10 cards from this deck
Mill's harm principle
Mill's harm principle
Harm to others only justification for state interference
Hart's paternalism
Hart's paternalism
State can criminalise conduct to protect people from self-harm
Feinberg's offense principle
Feinberg's offense principle
Seriously offensive behaviour can justify criminalisation
Devlin's legal moralism
Devlin's legal moralism
Criminalise immoral conduct to maintain social cohesion
Autonomy in criminal law
Autonomy in criminal law
Legal capacity to make own decisions independently & rationally
Fair labelling principle
Fair labelling principle
Crimes defined to accurately reflect wrongfulness & severity
Correspondence principle
Correspondence principle
Intended/foreseen result should match actual result
Offences violating correspondence principle
Offences violating correspondence principle
s47 and s20 OAPA 1861
Maximum certainty principle
Maximum certainty principle
Criminal laws must be sufficiently clear and precise
No retrospective liability
No retrospective liability
Criminal law should not apply backwards in time