CJS 101 Lecture Notes - Lecture 21: Social Defence, Reverse Onus, Correspondence Principle
9 Dec 2020
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3 categories of principles and policies for criminalisation. Achieve an effective level of legitimation of the criminal law. Convincing normative theory of the criminal process need to be properly connected to the facts about actual criminal process". Duff, answering for crime (criminal responsibility and citizenship) [66] The accused is required to give an account of their actions if they are to escape responsibility in a hearing or trial which is a moral communication between citizens. Person should not be held criminally responsible if they have been systematically excluded from full participation in the polity. Is they have the burden with no benefits of citizen. Serious social disadvantage as partial or complete defence. Husak, over-criminalisation: the limits of the criminal law. 7 general principles (or constraints ) on criminalisation. External constraints: criminalization of conduct must serve a substantial and legitimate governmental interest, a criminal prohibition must directly advance the governments objective, the prohibition is to be no more excessive than necessary.
