32 Questions
What is the primary goal of the principle of fair warning?
To inform the public of the law to guide their behavior
What is one of the areas of debate related to the principle of fair warning?
Whether common law offences should be codified in statute
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
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
What is the implication of the principle of fair warning on criminal law?
That it assumes the public is aware of the law
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
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
What is the primary concern when using labels like 'rape' inappropriately?
The label may not fit with society's general understanding
What principle promotes the idea of preserving individual freedom to act and pursue goals?
Principle of autonomy
What is the main implication of the principle of autonomy on criminalisation?
Criminalisation should be kept to a minimum
What is the primary vehicle for promoting 'choice' as an essential ingredient of moral and legal blame?
Principle of autonomy
What type of conduct should not be criminalised according to the principle of autonomy?
Unavoidable actions
What is the proposition related to mens rea according to the principle of autonomy?
All offences should involve voluntary or intentional action
What is the primary role of law according to the principle of welfare?
To promote social welfare
What is the main issue with criminalising unrealistic choices according to the principle of autonomy?
It restricts individual autonomy
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
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
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
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
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
What is the primary concern of the autonomy principle in relation to criminal law?
Allowing individuals to pursue their goals without interference
What is the potential outcome of criminalising unrealistic choices, involuntary harms, or unforeseen harms or circumstances?
A more restrictive criminal law
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
What is the principle that requires citizens to be aware of the criminal law?
Duty on citizens
What is the rationale behind the principle of fair warning?
To provide fair warning to the public
What is the significance of the name of an offence?
It labels the accused accurately in the eyes of the public
What is the argument against the principle of fair labelling?
Labelling and stigmatisation are difficult to control and quantify
What is the importance of separating different mischiefs into different offences?
It ensures that each offence is labelled accurately
What is the problem with vagueness in statutory drafting?
It makes the law more complex and difficult to understand
What is the significance of the work of Paul Robinson?
He advocates for multiple criminal codes
What is the principle that requires criminal offences to be accurately labelled?
Principle of fair labelling
What is the issue with labelling and stigmatisation?
They are difficult to control and quantify
Understand the principle of fair warning in criminal law, which requires clear communication of the law to the public to deter wrongful activities and punish offenders. Learn how awareness of the law impacts its effectiveness.
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