Deck 1: An Introduction to Criminal Law

Question 1

Which of the following is a requirement of the 'principle of legality'?

A) Criminal offences should appear in statutes.
B) Criminal offences should be defined clearly.
C) Criminal offences should be punished adequately.
D) Crimes should only concern illegal activity.

Answer 1

B
Explanation: The principle of legality requires that criminal offences should be clearly enough defined to enable people who wish to be law-abiding to live their lives confident that they will not be breaking the law.

Question 2

Which of the following defines the 'principle of responsibility'?

A) People should only be guilty in respect of conduct over which they have control.
B) People should be guilty of a crime if they behave irresponsibly.
C) People are responsible for other people's actions.
D) People should be responsible for their pets

Answer 2

A
Explanation: The principle of responsibility requires that people should only be guilty in respect of conduct over which they have control. The principle would be infringed if the criminal law punished a person for behaviour he carried out while having an epileptic fit, for example.

Question 3

The principle of minimal criminalization requires all harmful conduct to be criminalized.

Answer 3

False
Explanation: The principle of minimal criminalization requires that conduct should be illegal only if absolutely necessary.

Question 4

The principle of fair labelling requires that the description of the offence should match the wrong done.

Question 5

Subjectivism assesses criminal liability by looking at the state of mind of the defendant.

Question 6

What does section 3 of the Human Rights Act require courts to do?

A) convict guilty defendants
B) enforce the European Convention on Human Rights
C) interpret legislation in a way which complies with the European Convention on Human Rights where possible.
D) give effect to directives of the European Union

Question 7

Article 8 of the ECHR states that everyone has a right to respect for his ____ and family life.

Question 8

Feminism's sole contribution to criminal law theory is to point out that most of the judges are male.

Question 9

In terms of punishment the theory of retribution is that the defendant be prevented from committing future crimes.