Criminal Science and Policy Summarised notes Q& A latest

Criminal Science and Policy PRINCIPLES OF CRIMINALIZATION The principle of individual autonomy (enshrined in the harm principle) An individual's capacity to be one's own person, to govern oneself, to take (self-directed, independent) action based on one's own reflections and choices, the key to the idea of autonomy is thus the right to make (one's own) unfettered choices and decisions. Generally militates against legal paternalism (state interference for a person's own good). It is considered a necessary building block for criminal liability. Treating citizens as responsible moral agents who are liable only for their free and deliberate actions means rea - people can only be held liable for their intentional or knowing mental state and the awareness of the consequences of their actions. actus reus - people can only be held liable for their voluntary behavior and the ensuing consequences