Fair Labelling Flashcards
1
Q
Define
A
Fair labelling is not only what is considered to be criminal conduct but includes whether the label and moral condemnation of it should apply.
2
Q
3 mechanisms to ensure fair labelling
A
- Strict rules of evidence are followed in cases
- D is held to be innocent until proven guilty - not seen by the jury as a criminal until proven beyond reasonable doubt guilt or innocence.
- Jury must come to a decision by at least 10-2
3
Q
Criminal concepts that ensure fair labelling
A
Correspondence between MR and AR
Assault - D found guilty would have foreseen the outcome - found guilty and labelled.
4
Q
Issues with fair labelling
A
Murder - (R v Vickers) issue with MR - only need the MR to intend GBH but V dies.
Durress- taxi and gunman