Fault Flashcards

1
Q

fault definition

A

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

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2
Q

UK legal system in reference to fault

A

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

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3
Q

what is fault

A

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

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4
Q

what is criminal law based on

A

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

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5
Q

what is the notion of individual responsibility

A

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

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6
Q

Vera Bergelson

A

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)

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7
Q

K.J.M smith

A

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

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8
Q

andrew von hirsch

A

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

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