Justice A03 Flashcards
(Formal) +P1: Presumption of innocence Woolmington v DPP…
ensures fair treatment of all equally aligning with Perelman no.6
(Formal) +DP1: Article 6 ECHR right to a fair trial means that all defendants will be treated equally and impartially…
jury equity Bushells Case helps to promote formal justice
(Formal) -WDP1: However, rigid system of precedent doesn’t achieve formal justice…..
wrong decisions have to be followed meaning unjust decisions are repeated, lack of flexibility = unfair
(Substantive) +P2: Criminal defences e.g: loss of control, diminished responsibility, self-defence account for….
varying circumstances of the dfs e.g triggers, mental conditions, the law is accommodating = just
(Substantive) +DP2: Tort law has tailored remedies available suited to the individual needs of the claimants e.g:…..
nuisance injunctions that can address ongoing disruption → adaptable nature of law
(Substantive) -WDP2: Rigid sentencing guidelines fail to achieve substantive justice…
the jump from 5 year sentence for s.20 GBH to discretionary life for s.18 GBH despite the injuries being the same = unjustified and harsh on the claimant
(Corrective) +P3: Aims of sentencing accommodate for the needs of the df
proportionate to the crime e.g: lengthy custodial sentence for violent crimes, or rehabilitive programs for drug offences
(Corrective) +DP3: Murder Abolition of the Death Penalty Act 1966 upholds corrective justice…
to ensure that the sentence wasn’t abitrarily or unjustly applied, supported by Austin and Bentham as it minimises suffering and prioritises defendants reform and rehabilitation
(Corrective -WDP3: Police are hard to sue which doesn’t promote corrective justice
Hill v CCWYP where the police were not held accountable for their negligence which fails to give the victims family a sense of justice and fails to corrects the behaviour of the police
(Distributive) -P4: Steel and Morris v McDonalds failed to achieve distributive justice as…
their was a clear inequality of arms as the df’s were denied legal aid despite facing a large corporation which is unjust
(Distributive DP4: Karl Marx would criticise this case as…
the larger capitalist company used their wealth as a mechanism to dominate the trial which is a clear example of inequality of barganing power
(Distributive +WDP4: However, acts such as the National Minimum Wage Act 1988 ensures that
everybody is entitlted to the same income across all diverse members of society
