Fair Labelling Flashcards

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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.

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2
Q

3 mechanisms to ensure fair labelling

A
  1. Strict rules of evidence are followed in cases
  2. 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.
  3. Jury must come to a decision by at least 10-2
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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.

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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

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