Criminal law - Fault, justice & the principles Flashcards
What is fair labelling?
The idea that the label given to an offence should attach itself to a category or level of crime. The offences at the top end of the scale carry a higher label (e.g. murder and rape) and lesser offences carry a lower label (e.g. assault and battery.)
What is a benefit of fair labelling?
It brings clarity to an assessment of how serious an offence is and indicating where a particular type of case will be heard.
It also offers some degree of guidance in terms of the relevant sentences afforded to crimes.
An example of fair labelling in the justice system?
How crimes are categorized;
- Summary
- Triable-either-way
- Indictable
When is fair labelling not achieved?
The variation in sentencing from a maximum of 6 months (assault or battery) to 5 years (ABH) is both confusing and unfair.
What is the correspondence principle?
The basic idea that each element within the actus reus of an offence should have a parallel mens rea requirement. The corresponding mens rea allows the defendant to be held responsible for the crime committed.
What is the purpose of the correspondence principle?
To prevent the unfair labelling of a defendant who does not intend or foresee the elements of the actus reus.
What is maximum certainty?
It must be clear what elements constitute a crime, otherwise it would not be fair to convict a defendant.
Important in rule of law as it allows individuals to determine their own behavior so that they do not break the law
What is retrospective liability?
Legislation that operates on matters taking place before its enactment, e.g. by penalizing conduct that was lawful when it occurred.’
- Parliament is reluctant to introduce such laws, yet sometimes considerations of public policy outweigh this. Such as,
> The reform to the double jeopardy law under the CJA 2003. permits the retrial of serious offences when new evidence comes to light. Led to the retrial of the defendants in the Stephen Lawrence case.
> Another example is R v R. The HoL overturned the matrimonial exemption to rape and the conviction for rape was upheld.
What is fault?
A level of blameworthiness
How does actus reus reflect the fault element?
The rule that the actus reus must be voluntary reflects the presence or absence of blame. If a defendant has no control over his or her actions, they should not be held liable.
E.G. If A supplied B (an adult) with drugs’ and then B died, A would not be the cause in law of the death because the link between the supply and the death is not sufficient enough (Dalby, 1982.) However, if A injected B with the drug then they’d be regarded as the cause of death (Cato, 1976)
How does mens rea reflect the fault element?
It takes different forms. Intent, recklessness and negligence. Fault can also be seen through the graduated distinction between murder, voluntary manslaughter and involuntary manslaughter and between s.20 and s.18.
What does the law accomplish by having varying forms of mens rea?
They are able to identify the degree to which a person is responsible for their actions.
How do defences reflect the fault element?
The existence of both statutory and common-law defences also reflects the importance of fault. Such defences can be partial (Dim res and LOC) or necessity (self-defence, duress or automatism.)
How does strict liability reflect the fault element?
Even if you aren’t at fault at all or are on a lower level of fault, you will still be held liable. The justification of this is to control behavior on a large scale for the greater good.
What can justice be defined as?
Just conduct and fairness
