Theory in Criminal Law (AQA A-Level Law): Quizzes

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What did Mill argue is the only legitimate justification for criminalising conduct?

Harm to others

What does Hart's paternalism justify the state in doing?

Protecting people from harming themselves

According to Feinberg, what can justify criminalising behavior beyond physical or economic harm?

Seriously offensive conduct

What does Devlin's legal moralism argue is the purpose of criminalising immoral conduct?

Maintaining social cohesion

What does autonomy mean in criminal law?

Capacity to make independent decisions

Which factor may cause a defendant to lack autonomy?

Mental illness or disability

What are the two aspects of the fair labelling principle?

Description and Differentiation

What does the correspondence principle require?

Intended result matches actual result

Which offences violate the correspondence principle?

s47 and s20 OAPA 1861

Which case involved retrospective application of the Criminal Justice Act 2003?

R v Dobson and Norris (2012)

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