Criminal Law: Principle of Fair Warning

Play an AI-generated podcast conversation about this lesson

What is the primary goal of the principle of fair warning?

To codify all common law offences into statutes

To punish those who break the law

To inform the public of the law to guide their behavior (correct)

To deter people from committing crimes

What is one of the areas of debate related to the principle of fair warning?

Whether judges should have more discretion

Whether the public has access to legal counsel

Whether common law offences should be codified in statute (correct)

Whether punishments should be more severe

What is the purpose of offences being codified in statute according to the principle of fair warning?

To provide clear and detailed information about what is criminalised (correct)

To reduce the number of criminal offences

To increase the number of criminal offences

To give more power to law enforcement

What would be an example of a poorly drafted offence according to the principle of fair warning?

It is a crime to make unlawful contact with another Signup and view all the answers

What is the implication of the principle of fair warning on criminal law?

That it assumes the public is aware of the law Signup and view all the answers

What is the relationship between the principle of fair warning and the codification of offences?

The principle of fair warning advocates for more detailed codification of offences Signup and view all the answers

What is the main reason for maintaining well-known labels like 'rape' and 'robbery' in criminal law?

To communicate more clearly to the public and maintain societal understanding Signup and view all the answers

What is the primary concern when using labels like 'rape' inappropriately?

The label may not fit with society's general understanding Signup and view all the answers

What principle promotes the idea of preserving individual freedom to act and pursue goals?

Principle of autonomy Signup and view all the answers

What is the main implication of the principle of autonomy on criminalisation?

Criminalisation should be kept to a minimum Signup and view all the answers

What is the primary vehicle for promoting 'choice' as an essential ingredient of moral and legal blame?

Principle of autonomy Signup and view all the answers

What type of conduct should not be criminalised according to the principle of autonomy?

Unavoidable actions Signup and view all the answers

What is the proposition related to mens rea according to the principle of autonomy?

All offences should involve voluntary or intentional action Signup and view all the answers

What is the primary role of law according to the principle of welfare?

To promote social welfare Signup and view all the answers

What is the main issue with criminalising unrealistic choices according to the principle of autonomy?

It restricts individual autonomy Signup and view all the answers

What is the debate surrounding mens rea according to the principle of autonomy?

Whether all elements of an actus reus require a corresponding mens rea Signup and view all the answers

What is the primary goal of balancing autonomy and welfare principles in criminal law?

To create the conditions that allow and support people in the pursuit of legitimate social goals Signup and view all the answers

What would justify the criminalisation of D's actions in the scenario where D kicks V during an epileptic seizure?

The fact that D's kick has still interfered with the welfare of V Signup and view all the answers

What is the result of a successful insanity defence in the Crown Court?

A range of disposal orders, including involuntary detention in hospital, become available to the court Signup and view all the answers

What is the primary consideration for criminalisation in cases where D has not chosen every aspect of the offence?

The objective results of D's conduct Signup and view all the answers

What is the primary concern of the autonomy principle in relation to criminal law?

Allowing individuals to pursue their goals without interference Signup and view all the answers

What is the potential outcome of criminalising unrealistic choices, involuntary harms, or unforeseen harms or circumstances?

A more restrictive criminal law Signup and view all the answers

What would be the implication of not defining 'unlawful' in an offence?

D would have to make no contact with others at all to avoid liability Signup and view all the answers

What is the principle that requires citizens to be aware of the criminal law?

Duty on citizens Signup and view all the answers

What is the rationale behind the principle of fair warning?

To provide fair warning to the public Signup and view all the answers

What is the significance of the name of an offence?

It labels the accused accurately in the eyes of the public Signup and view all the answers

What is the argument against the principle of fair labelling?

Labelling and stigmatisation are difficult to control and quantify Signup and view all the answers

What is the importance of separating different mischiefs into different offences?

It ensures that each offence is labelled accurately Signup and view all the answers

What is the problem with vagueness in statutory drafting?

It makes the law more complex and difficult to understand Signup and view all the answers

What is the significance of the work of Paul Robinson?

He advocates for multiple criminal codes Signup and view all the answers

What is the principle that requires criminal offences to be accurately labelled?

Principle of fair labelling Signup and view all the answers

What is the issue with labelling and stigmatisation?

They are difficult to control and quantify Signup and view all the answers