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University of New South Wales

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Criminal Law LAWS1001
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Criminal Law LAWS1001
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Criminal Law LAWS1001

LAWS1021 - Crime & the Criminal Process

31 Pages University of New South Wales Complete Study Notes Year: Pre-2016

LAWS1001 Criminal Law 1:

Chapters 2, 3, 4, 8 and 9, excluding Forfeiture in the Drugs chapter, Prostitution in the Public Order Offences chapter

Chapter 2: Criminalisationwhat is criminal

2.1 Introduction

2.2 History

2.3 Morality (as a measure of criminalisation)

  • Public/Private distinction: Torts & Crime?

Leads to “privacy” issue (p87, article 17 of the ICCPR), for example, the Human Rights (Sexual Conduct) Act 1994 which concerns adult consensual sexual activity in private, was in conflict with the Tasmanian laws (which concerns HIV/AIDS corresponding to public issues)

  • Harm as a determinant of criminalisation?

JS Mill “On Liberty”: Self-defence is the only defence for harmful activities

The “pornography debate”: the liberal party vs. the feminist

Different types of “harm”: physical harm; financial/economic harm; psychiatric harm, which is most difficult to define the harm

  • Morality as a character of criminalisation?

Why immoral conduct should be criminalized?

  • The sinfulness of the conduct supplies a sufficient reason for criminalisation
  • Immorality is a necessary condition for criminalisation
  • P Devlin The Enforcement of Morals (p92) shared beliefs essential to social cohesion

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