Fault Justice Liabilty Flashcards
Marx
No justice in capitalist society
Nozick
Opposite of marx
Rawls and Voltaire
Social Contract
Justice
Law is fair in the way it seeks to punish wrongs and protect rights
Aristotle
Distribution and proportionality
Mandatory Life sentences for murder
Injustice
Miscarriage of Justice
Guildford Four
Birmingham Six
Alan Turing
Procedural Justice
Everyone is entitled to put up case in court
financial assistance should exist
Substantive
Defences
Accused should be treated fairly with levels of fault in sentencing
Lord Atkin defined crime
The act must be prohibited
Act must attract penal consequences
Ways crimes are created
State will create crime by passing an act of parliament
Common Law using doctrine of precedent
Criminal Liability
Principle of English Criminal Law - Coke - ‘actus non facit reum nisis mens sit rea’ This means an act is not guilty unless the mind is guilty too.
Removing Liabilty
Through Defences
- capacity - Couldnt form mens rea
- necesity ( did form mens rea but had reason to do so)
H.LA hart and John Stuart Mill
Harm is only reason for making something criminally liable.
Approach is called paternalism
Joel Feinberg Devlin
Offensive but not harmful. Legal moralism
Autonomy
Being responsible independent and free tp be able to speak for ones self free of influences. Adults who dont have illness or constricting conditions are seen as autonomous.
Fair Labelling
Crimes must be properly described
Crimes must be clearly distinguished from other crimes
Maximum certainty
Citizens are certain of rules protects from arbitary use of state power
Correspondence
Result defendant intends or forsees should match end result. Defendant should know what they have done wrong.
No retrospective liability
Laws does not apply back in time.
Fault
an act must be accompanied with a fault to equal a crime. An act without a fault is a crime. Strict liabilty and Absolute liabilty doesnt require fault. There are levels of fault
