law and justice

Question 1

Define justice

Answer 1

Justice is to do with fair out comes and appeals like the practice statement
- Each party side should have their say
- Independent judiciary- re Pinochet
-Transparent process
- Public participation
Aristotle: referring to individuals in they dealings with each other and to the state in making and enforcing laws

Question 2

procedural

Answer 2

Procedural justice
- relates to ensuring the way in which it treats parties in respect of the mechanism legal action
- Do the have access to justice and the opportunity to actually participate
- are the people involved all treated fairly?
-Is the evidence used scrutinised and obtained fairly?
Utilitarian approach- legal aid is allocated to those who are most in need meaning access is harder
Access to justice – Duty Solicitors are available 24/7, etc. but legal aid has been limited by the increased means testing for criminal legal aid – Legal Aid Sentencing and Punishment of Offenders Act 2012 (LAPSO)
Burden & standard of proof

Question 3

Substantive

Answer 3

end result of legal action
CCRC following the Birmingham Six case
Increased flexibility in appeals process – R v Simpson
Jury equity? – R v Ponting, etc.
Double jeopardy exceptions – Billy Dunlop & Stephen Lawrence cases

Question 4

corrective

Answer 4

Corrective: restore balance when harm is done
Distributive: proper allocation of wealth, power, rewards and respect according to merit
Tariff + aggravation – mitigation
Mandatory life sentence for murder is contentious
Community Orders – can be bespoke s.200 Sentencing Act 2020
Appeals against sentence by AG under Criminal Justice Act 2003

Question 5

Natural

Answer 5

Re universally acknowledge and desirable
NEMO JUDEX EN CAUSA SUA
Re Pinochet
AUDI ALTERAM PARTEM
R v Thames magistrates ex parte polemis
Greak sea captain just 4 hours before the actual hearing- no opportunity to prepare
The creation of a separate supreme court and estab;ishment of the JAC as a result of the constitutional reform act 2005 has also helped

Question 6

Aristotle

Answer 6

Corrective: Restore the balance when harm is done

Distributive: Proper allocation of wealth, power, rewards & respect according to merit

Question 7

Karl max

Answer 7

From each according to capacity, to each according to need. Capitalism is inherently unjust.

Question 8

jeremy bentham

Answer 8

Whatever provides the greatest happiness for the greatest number is the most just approach

Question 9

John rawls

Answer 9

What would society’s rules be if we decided them before we knew what our individual role would be?
“The veil of ignorance
procedural