Principles of Autonomy in Criminal Law

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7 Terms

1
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What is autonomy in the context of criminal law?

Autonomy is an individual's right to make their own choices without undue interference, protected through legal rights such as freedom of speech and privacy.

2
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Who advocated for personal liberty and autonomy, and what was their belief regarding harm to others?

John Stuart Mill advocated for personal liberty, believing that people should have autonomy except when it would cause harm to others.

3
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How does the law reflect the principle of autonomy while ensuring public safety?

The law respects individual autonomy while setting boundaries to protect others from harm.

4
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What was the significance of the Gillick case regarding autonomy?

In Gillick, the House of Lords determined that a child could have autonomy over making medical decisions for themselves if they demonstrated sufficient understanding and maturity.

5
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In what case did the law restrict autonomy in favor of societal interests?

In Brown, the law restricted autonomy because society's interest in preventing harm to others outweighed individual autonomy.

6
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What is the purpose of a custodial sentence in criminal law?

A custodial sentence is used as a last resort when other sentences are not appropriate, aiming to protect the public and reform offenders during their imprisonment.

7
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What restrictions are placed on individuals under 18 in relation to alcohol?

Individuals under 18 are restricted from buying alcohol to protect vulnerable individuals.