General Comments Flashcards
Obtaining compensation
Damages to those intentionally injured Compensation can be awarded through criminal courts deterring people from using civil courts Civil used for media Rapist (miles v Cain 1989) Murder (halford v Brooke's (1991) Guilty and want damages
Protection for civil liberties
Not as good for money now
Good for protecting civil liberties-(corrective justice model)
Means that the citizen has a remedy against an agent of the state who uses force against him or her without lawful justification
False imprisonment of value for unlawful arrest or detention
Doesn’t to show physical harm- humiliation/embarrassment- protects privacy
Assault and battery
Battery is the intentional and direct application of force onto another person
Assault is an act of the defendant which causes the plaintiff reasonable apprehension of the infliction of a battery on him by the defendant
Common assault-referred to together- s.40 criminal justice act 1988- expresses both assault and battery
Actionable separately