Principles and Policies

Criminal law principle and policies

24 cards   |   Total Attempts: 182
  

Cards In This Set

Front Back
Principle of Minimum Criminalization
Criminal law should be limited so as to preserve individual autonomy
Policy of Social Defence
The law should be flexible to cope with threats to social order as they arise
Principle of Liability for Acts not omissions
Should only be liable for consequences stemming from acts, not failure to act
Principle of Social Responsibility
There is a duty to act to protect others in dire situations.
Conflicting Rights and Principle of Necessity
An individual can use force against another individual to prevent the infringment of the right to life or security of person.
Principle of Proportionality
No individual should have hi/her interests sacrificed except to the extent that it is necessary and proportionate to the harm committed or threatened.
Non-Retroactivity Principle
A person should never be convicted or punished except in accordance with a previously declared offence governing the conduct in question
Thin Ice Principle
If your behaviour is on the borderline of legality, you face the risk your behaviour will be criminal
Principle of Maximum Certainty
The law should be predictable and certain, vagueness is to be avoided.
Principle of Minimum Crimilisation is opposite to...
Policy of Social Defence
Principle of Strict Construction
Ambiguity in legislation should be resolved in favour of defendant.
Broad Purposive Approach
Ambiguity in legislation should be resolved in favour of Parliaments purpose when drafting legislation
Presumption of Innocence
An individual should be innocent until proven guilty
Policy of Ease of Proof
Proof of something should be supplied by s/he for whom it is easiest.
Principle of Mens Rea
Criminal liability only for events/consequences knowingly risked.