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