Fault

Question 1

fault definition

Answer 1

Oxford English Dictionary defines fault as “Something wrongly done, mistake and culpability”. Its a legal and moral term used to describe a persons blameworthiness

Question 2

UK legal system in reference to fault

Answer 2

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

Question 3

what is fault

Answer 3

marker of blame which imposes responsibility and justifies the imposition of penalties or sanctions. It identifies the person who should be punished.

Question 4

what is criminal law based on

Answer 4

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

Question 5

what is the notion of individual responsibility

Answer 5

those who chose to behave in the way they do are responsible for the consequences

Question 6

Vera Bergelson

Answer 6

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)

Question 7

K.J.M smith

Answer 7

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

Question 8

andrew von hirsch

Answer 8

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