QUESTIONS AND ANSWERS
What did the theorist Joel Fienberg argue - ✔✔ we should only punish actions that cause harm
directly to others, not merely that offence societies sensibilities
Who can u cause harm to - ✔✔ yourself such as self-harm subtance abuse , and consentual
inflicted injuries such as piercing and tattoos, suicide and euthanasia
not all of criminal acts, but suicide was, explain why this changed - ✔✔ as those who attempt
suicide should recieve help not prision
how can u cause harm to society - ✔✔ throguh hate speech or if you breach moral principles
such as outraging decency or corrupting public morals.
provide an example - ✔✔ in R v Gibson - D freeze dried foetus's and made earrings for display-
outraging public decency
What is fair labelling - ✔✔ law should be made so that the elements of the offence are clear. The
level of offence should be in proportionto the type of offence. Offences come under three
catagories, this allows the offence to be labelled according to severity.
what did douglas husak state - ✔✔ distinctions amongst offence should reflect the nature and
seriousness of the offence as mislabelling can lead to unjust consequences
, what did Andrew Ashworth state under fair labelling - ✔✔ that fair labelling is essential for
justice. Criminal law should avoid escessive labels which create uneccessary stigmas.
provide an example for ashworth - ✔✔ a murderer should not be classified as a serial killer as
this is not the appropriate label under the law
What 5 principles could be asked - ✔✔ -harm
-fair labelling
-correspondance
-maximum certainty
- no retrospective liability
what is the intro to the harm principle - ✔✔ should harm be the basis of criminalisation.
Why is the principles of harm important - ✔✔ when creating criminal offences by parliament or
the courts, and in justifying imposing criminal sanctions on those who have been found guilty
In criminal law , what do the most serious offences have - ✔✔ harm involed to the victim
What did john stuart mill state in the harm principle - ✔✔ a person is free to do as they wish, and
the law will only intervene if their actions cause harm to others.
What is the meaning of harm - ✔✔ as physical injury , psychiatric injury or damage to property