Law and Justice 2 Flashcards
What did Darling say about the law?
The law is like a tavern open to all.
Procedural justice
Focuses on the fairness of processes and decision making.
What does the law provide?
Free legal advice in person or phone at a police station.
What was removed?
Rights for areas such as social welfare and employment.
Who removed the rights?
Legal Aid and Sentencing Offenders Act 2012
What happened from 2013?
Cutting of millions of legal aid.
What does the cutting of legal aid do?
Undermine justice
What did Utilitarians believe?
It’s just to make cuts if it benefits others.
An example of cutting funds benefiting others
NHS
What do some people believe?
LAPSO restrictions create procedural injustice as only wealthy can afford.
What happens to those who qualify for means or merit’s tests?
limited to low skilled lawyers.
Why are people limited to low skilled lawyers?
Due to the fact most lawyers don’t want to provide free legal aid.
What can be used for civil law?
Conditional fees or insurance
What’s the issues with conditional fees and insurance?
Only available if case likely to win.
Limited to 8,000
What’s the final verdict?
Well of businesses and individuals receive most justice as they can afford to take people to courts and get good representation.
How many law firms offered legal aid in 1950’s?
5000
How many law firms offered legal aid in 2021?
Less than 2000
In 2010 how much did the LA reforms cut from the budget?
350 million
Substantive justice
Focuses on the content or outcomes of laws and legal decisions, ensuring they are fair.
What cases illustrate mandatory life sentences as unfair?
Cocker
Ignis
Examples of different sentencing which creates justice
Whole life term
30 years
15 years
Factors which create justice when sentencing
Aggravating
Mitigating
Tort substantive justice negligence case
Donoghue
Nettleship what would utilitarians believe?
Majority protected but on the surface seems unfair.
What case would be seen as fair?
Caparo
What case would be seen as unfair?
Hill
Why would Hill be considered unfair?
As there is no fair remedy
What would be believed about Robinson?
Social justice restored
ART6 no one above law
Corrective justice
Judge discovers damage done and tries to restore balance.
Damages
To put someone in the same place they were before the tort occurred.
Contributory damages
Reduce damages if C contributed.
Example of a contributory damages case
Froom v Butcher
Law Reform CN Act
What did the Criminal Law Revision Committee 1995 say?
Greatest disasters have shaken British History.
What did Canning and Clarke lead to?
200 similar convictions being looked at.
Appeals
Positive duty on judges when things have gone wrong to do everything possible to make it right.
What happened in 2012?
62/13808 cases had their sentences increased by the CA.
Why did the CA increase sentences?
Cases considered unduly lenient
What happened in 2017?
SC received 228 appeals and decided to hear 85.
What is the success rate?
41%
Reasons for miscarriages
Deliberate fabrication of evidence
Mistake or unreliable evidence
Jury problems
Procedures put in place
Police collect evidence and interview suspects
Criminal Appeal System
Criminal Case Review Commission
Police collect evidence and interview suspects under what
PACE 1984
Criminal Appeal system
Criminal Appeal Act 1985
Canning
Unreliable evidence and Non disclosure led to wrongful conviction
Sub Post Office Master Scandal
Mistaken evidence and incorrect procedure led to hundreds of wrongful convictions.
What happened as a result of the Sub Post Office Master Scandal?
57.5m in damages
Overturned convictions
New legislation
Evans
Wrongly convicted and executed for the murders of his wife and daughter.
Birmingham six
Six men wrongly executed for pub bombings, released 17 years later.
