Law and justice criminal

Question 1

Justice definition

Answer 1

The guiding principle of a judge dealing a case is to do justice

Question 2

Impact of justice

Answer 2

The impact of justice is that it provides comfort for families, closure for the, and the victims as well as deterring reoffenders or potential criminals

Question 3

Fair trial

Answer 3

Justice ensures that anyone despite how grave the crime is or how poor they are, is granted the right to a fair trial and legal representation

Question 4

Issue

Answer 4

An issue lies with subjectivity where someone may deem something as unjust someone else may argue the opposite viewpoint

Question 5

Criminal case example

Answer 5

This can be seen in the case of Nettleship v Weston where learner drivers ae judged to the standard of fully qualified drivers

Question 6

Utalitarianism

Answer 6

Jeremy Bentham’s ideology of utilitarianism says the act is just if it increases overall happiness of humans as long as the positives outweigh the negatives

Question 7

Karl Marx

Answer 7

An alternate view point, from Karl Marx who views all laws of capitalism as unjust, relating mainly to the system where a certain group withholds a significant portion of the wealth and goods in society

Question 8

Practice statement

Answer 8

Allows the supreme court judges to depart from precedent of old decisions to match culture and the times potentially bringing about greater justice and fairness

Question 9

Contract law example

Answer 9

Justice can be seen in contract law where exclusion clauses can be made to protect businesses or consumers from damage however there are statutory rules under UCTA 1977 which ensures unfair exclusion clauses are not valid terms to a contract, ensuring contracts are just.

Question 10

Overall

Answer 10

Overall justice is a vital part of criminal law as it ensures fairness in outcomes of trials and sentencing however people have various opinions over the correct sentence to give again showing the problem of subjectivity