Individual autonomy is the act of one being his own regulator. This idea generally means the capacity to be one’s own everything without interference from external forces (Farrell, 21). For a person to declare his person autonomous, the person is saying that he should be allowed to govern himself. In making the statement, they are rejecting the legal, political and even some social aspects around them. Individual autonomy is more than just the basic capability of creating and maintaining self-determination in life plans.
Social welfare generally means for the good of the community in general. Social welfare entails many things. In law terms, social welfare means for the general protection of the society. The best way to rate a community’s welfare is to ask them about their welfare on a particular matter or law and see if they are happy about it (Farrell, 21). Individual or families in need can apply for social welfare programs such as witness protection.
In my opinion, criminal law is very satisfactory in devising defenses that consider individual autonomy and community welfare. For example, when a child has been admitted is in hospital and the minor goes into a comma. Doctors can try any kind of medication without. The child can stay in the life support machine for as long as possible without being plugged out (Farrell, 21). When the parents of the child lose hope in the recovery of the child, they can order the doctors to unplug the child out from the machine. When doctors refuse, the parents can sue the doctors. Criminal law accommodates individual autonomy, in this situation and the parents will be granted their wish and the doctors will not be liable for any charges just in case the child dies. Community welfare will also be considered in that by ordering the doctors to unplug the kid, the machine will be available for another patient to use it.
Question 2
Complicity
There are certain Elements of complicity extents the scope of criminal responsibility. For example aiding a foreigner get into the country. When the foreigner commits a crime, whether or not you knew of the crime, you become an immediate accomplice. The person that aided the foreigner will also have as much criminal responsibility as the foreigner (Seong-Don Kim, 3). The key element here is aiding. Other elements of complicity are commanding, counseling and encouraging. If the foreigner does not commit any offence, criminal offences are restrained from the aide.
Attempt
Attempt has two main elements, one is intention and the other one is results of the intention. If a person Intended to commit a criminal offence, and the results turn out not to be criminal in nature, it reduces the criminal responsibility (Seong-Don Kim, 3). The fact that the results are not criminal in nature restrains the responsibility from going too far.
Conspiracy.
Conspiracy requires that there must an agreement between the parties involved. This extends the criminal responsibility to all of the parties (Seong-Don Kim, 3). For a conspiracy to stand in court, the agreement must lead to at least one criminal offence occurring, this restrains the conspiracy from going too far.
In my view these restrains should be tightened, just for the fact that people conspires to commit a crime and the results were not criminal in nature, doesn’t mean that they should walk free. The same case is for attempt, a person with intentions of committing a crime is a criminal regardless of the results. They should not just way without any punishment. For complicity, aiding a person to get into the country illegally itself is a crime, so even if the foreigner does not commit any crime all of them should be punished.
Works Cited
Seong-Don Kim. "The Role of the Criminal Law, the Limitations of the Criminal Law, And the Leviathan Criminal Law." Journal of Criminal Law 28.4 (2016): 3-42. Web. 12 Apr. 2018.
Farrell, Graham. "Attempted Crime and the Crime Drop." International Criminal Justice Review 26.1 (2015): 21-30. Web. 12 Apr. 2018.
