Fair labelling in criminal law

Chalmers, J. and Leverick, F. (2008) Fair labelling in criminal law. Modern Law Review, 71(2), pp. 217-246. (doi:10.1111/j.1468-2230.2008.00689.x)

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Abstract

‘Fair labelling’ has become common currency in criminal law scholarship over recent decades, but the principle's scope and justification has never been analysed in detail. Basic questions remain unanswered, such as the intended audience for these labels and whether they assume the same importance in respect of both offences and defences. This article traces the intellectual history of the principle and examines its possible justifications in respect of offence labelling, noting that labelling is important in two distinct senses: that of description, and that of differentiation. It goes on to sketch out some considerations which are of importance in the principle's application, before concluding with a discussion of its applicability to defences.

Item Type:Articles
Status:Published
Refereed:Yes
Glasgow Author(s) Enlighten ID:Chalmers, Professor James and Leverick, Professor Fiona
Authors: Chalmers, J., and Leverick, F.
College/School:College of Social Sciences > School of Law
Journal Name:Modern Law Review
Journal Abbr.:MLR
ISSN:0026-7961
ISSN (Online):1468-2230
Published Online:18 February 2008

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