LAW 201 Study Guide - Final Guide: Actus Reus, Implied Consent, Mens Rea
Document Summary
Prohibitions certain acts prohibited because through to be in public interest (in the name of public interest) Punishments imposes when state proves that those acts were committed prohibition accompanied by a sanction to emphasize seriousness. Not always a victim (i. e. possession of dogs) Harm: the idea that it should only be directed at the prevention and punishment of harm. John stuart mill harm principle: hould(cid:374)"t (cid:272)(cid:396)i(cid:373)i(cid:374)alize (cid:272)o(cid:374)du(cid:272)t that we simply find to be immoral or offensive. Wrongful conduct: harm principle is too narrow/technical, criminal law can be about expression and protection of moral norms. State v individual (cid:862)r(cid:863) = regi(cid:374)a = quee(cid:374) is(cid:374)"t i(cid:374)(cid:448)ol(cid:448)ed (cid:271)ut (cid:396)ep(cid:396)ese(cid:374)ts the state. Imbalance of resources between state and individual: state has police force to investigate, crown prosecutors further investigating and trying the case, and public funds. Individuals very little/ none compared: therefore individual charged is entitled to certain protections to redress imbalance (i. e. reasonable doubt doctrine)
