Economics 3364A/B Study Guide - Quiz Guide: John Stuart Mill, Actus Reus, Wolfenden Report
25 Oct 2020
School
Department
Course
Professor
Document Summary
Moral wrongs - actus reus and mens rea. Principle of proportionality: sentence accorded to a crime should reflect the seriousness of the offence. Principle of fair labelling: the description of the offence should match the wrong done (state of mind of defendant is an important aspect of the wrong done to the victim) Autonomy: to be free to act and pursue our goals unrestrained (criminal law by design restricts our options by criminalising certain conduct) Morality: principles of welfare promotes role of law in protecting society from harm. What should be criminalised? (2 political philosophies) Harm principle : conduct from defendant that infringes the autonomy of the victim (physically or otherwise eg financial/coercion) or causes serious offense to victim. Actus reus - guilty act (conduct, circumstance and result) identifies conduct which criminal law considers harmful and tells us what we can and cannot do.
