Law + Society (Fault)

Question 1

Define law.

Answer 1

Set of rules created by gov which forms a framework to ensure a peaceful society.

Question 2

Define society.

Answer 2

Group of people with common territory, interaction + culture.

Question 3

Define pluralism.

Answer 3

Form of society in which members of minority groups maintain their individual cultural traditions while being part of a society.

Question 4

Define the rule of law - law in society.

Answer 4

Everyone is subject to the same law, ensuring everyone is protected. No body is above the law.

Question 5

Define fault

Answer 5

• Term used to describe the idea of blameworthiness.
• In crim law, fault’s proven by prosecution- shown beyond all reasonable doubt.
• Consequence of being is crim record (conviction) + punishment (i.e. sentence)

Question 6

Explain using examples fault in criminal law.

Answer 6

Mens Rea: (always explain)
* R v Mohan: direct intention - highest level of fault
* R v Cunningham: recklessness - lower level of fault - if aware of risk, D still at fault.
Causation:
* R v Roberts: still at fault even if V causes their own injuries if it’s foreseeable.
* R v Kimsey: more than slight or trifling link between D’s acts + consequence.
Full Defences:
* Stop you being at fault entirely.
* Self-defence - as long as force was necessary + proportionate to circumstances.
Strict Liability Offences:
* Goes against fault principle - don’t have to prove MR.
* Offences of social concern + public protection
Judge decides if offence is one of strict liability, by looking at Act of Parliament to see if there’s any MR words (i.e. intention), following this, look at Gammon Test.
* Saves court time, majority of people plead guilty.
* However, will end up with sentence + crim record without even having MR.