Fault Justice Liabilty

Question 1

Marx

Answer 1

No justice in capitalist society

Question 2

Nozick

Answer 2

Opposite of marx

Question 3

Rawls and Voltaire

Answer 3

Social Contract

Question 4

Justice

Answer 4

Law is fair in the way it seeks to punish wrongs and protect rights

Question 5

Aristotle

Answer 5

Distribution and proportionality

Question 6

Mandatory Life sentences for murder

Answer 6

Injustice

Question 7

Miscarriage of Justice

Answer 7

Guildford Four
Birmingham Six
Alan Turing

Question 8

Procedural Justice

Answer 8

Everyone is entitled to put up case in court

financial assistance should exist

Question 9

Substantive

Answer 9

Defences

Accused should be treated fairly with levels of fault in sentencing

Question 10

Lord Atkin defined crime

Answer 10

The act must be prohibited

Act must attract penal consequences

Question 11

Ways crimes are created

Answer 11

State will create crime by passing an act of parliament

Common Law using doctrine of precedent

Question 12

Criminal Liability

Answer 12

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.

Question 13

Removing Liabilty

Answer 13

Through Defences

• capacity - Couldnt form mens rea
• necesity ( did form mens rea but had reason to do so)

Question 14

H.LA hart and John Stuart Mill

Answer 14

Harm is only reason for making something criminally liable.

Approach is called paternalism

Question 15

Joel Feinberg Devlin

Answer 15

Offensive but not harmful. Legal moralism

Question 16

Autonomy

Answer 16

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.

Question 17

Fair Labelling

Answer 17

Crimes must be properly described

Crimes must be clearly distinguished from other crimes

Question 18

Maximum certainty

Answer 18

Citizens are certain of rules protects from arbitary use of state power

Question 19

Correspondence

Answer 19

Result defendant intends or forsees should match end result. Defendant should know what they have done wrong.

Question 20

No retrospective liability

Answer 20

Laws does not apply back in time.

Question 21

Fault

Answer 21

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