Sort each proposed offence by how it fares under the principle of exclusive protection of legal goods.
Groups: Protects an identifiable legal good · Protects only a moral sentiment · Protects a legal good, but a lesser instrument would plainly do
- Harmless private conduct
- Water supply poisoning
- Serious violence
- Late routine filings
- Loading bay parking
- Harmless unpopular views
Hints
- Two columns fail the test and they fail it in different ways.
- The third column contains conduct that really does affect an interest, just not one needing this instrument.
Show the answer
Protects an identifiable legal good: Water supply poisoning, Serious violence
Protects only a moral sentiment: Harmless private conduct, Harmless unpopular views
Protects a legal good, but a lesser instrument would plainly do: Late routine filings, Loading bay parking
The third column is where the practical argument is. Nobody defends criminalising a distasteful private act these days; a great many people defend criminalising minor administrative failures, and the ultima ratio objection to those is that an administrative sanction protects the same interest at a fraction of the cost to the person and to the courts.
Practise The Other Limits on the Power to Punish
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