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Clarity and the criminal law

Slapper, Gary (2007). Clarity and the criminal law. Journal of Criminal Law, 71(6) pp. 475–477.

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In 1873, Baron Martin stated that 'The criminal law ought to be reasonable and intelligible' (R v Middleton (1873) L.R. 2 Crown Ca. Res. 57). That proposition is just as potent today as when it was made. As the branch of law incorporating the ultimate powers of control which the state exercises over citizens, criminal law should be consonant with common sense and be perfectly clear to the public. It is difficult to argue that current law on drugs is clear, coherent, and understood by the public.

Item Type: Journal Article
Copyright Holders: 2007 Vathek Publishing Ltd
ISSN: 0022-0183
Keywords: crime; criminal law; drugs; legislation
Academic Unit/Department: Open University Business School
Item ID: 20955
Depositing User: Gary Slapper
Date Deposited: 06 Apr 2010 11:04
Last Modified: 23 Oct 2012 18:52
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