Fault Flashcards
fault definition
Oxford English Dictionary defines fault as “Something wrongly done, mistake and culpability”. Its a legal and moral term used to describe a persons blameworthiness
UK legal system in reference to fault
UK has a fault based legal system and a persons liability is based upon their degree of fault. In criminal law, people are guilty, being to blame beyond reasonable doubt
what is fault
marker of blame which imposes responsibility and justifies the imposition of penalties or sanctions. It identifies the person who should be punished.
what is criminal law based on
based on the principle of fault so a defendant will only be punished if it is proved beyond all reasonable doubt that they are to blame
what is the notion of individual responsibility
those who chose to behave in the way they do are responsible for the consequences
Vera Bergelson
explored the concept of victim fault and argued that conduct of victims should be considered when assessing criminal liability of the D, we should compare V action against the Ds actions (self defebce)
K.J.M smith
analyzed development of subjective and objective fault, highlights how judicial practices have evolved to incorporate both (murder originally objective test for MR but S.8 CJA 1967 changed it to a subjective test
andrew von hirsch
contributed to retributive theory and ‘just deserts’ principle, believes that the severity of the punishment should correspond with moral blameworthiness of the D conduct, punishment must fit the crime which ensures D will receive fair and just treatment