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Crimjnal Evaluatiosn > Nfo > Flashcards

Nfo Flashcards

1
Q

P1

A

Sentence

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2
Q

P2

A

Lack of definition in injury

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3
Q

P3

A

Outdated , Arhacic ,Misleading
Language

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4
Q

P4

A

Correspondence principle
Fair labbrling

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5
Q

P5

A

Reforms

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6
Q

Reform

A

2015 law commission

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7
Q

Reform idea

A

Make act
Adjust language - grevious to serios - jury
Change sentence
Make logical grading for lay people

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8
Q

What is correspondence principle

A

Men’s sea should correspond with actions/ actual

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9
Q

Correspondence principle
Related

A

20 reckless R V savage
18 specific

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10
Q

However for correspondence

A

Needed for public policy as otherwise people who recklessly cause GBH are not held accountable

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11
Q

Fair labelling theorist

A

Becker theory

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12
Q

Becker theory

A

Self for filli prophecy labelling reckless people as Criminals

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13
Q

Fair labbeling

A

D should be fairly labelled for actions he did

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14
Q

Misleading eg

A

S39 criminal justice act 1988 - immediate

Smith V Woking can mean imminent

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15
Q

Misleading for GBH

A

What is grevious
Intention for GBH is enough for murder - Cunningham
Vickers

20 and 18 - maliciously wound or inflict yet 20 is reckless

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16
Q

Outdated point

A

1861 limited mental help th knowledge

Phycological allowed s47 to GBH (burstow
DPP V smith - interfere with health and comfort

17
Q

What does misleading language do

A

Mislead media
Called asssault yet used physical forc

Eg Jeromey Clarkson pitching presenter

18
Q

Where do injury definitions come from

A

CPS

19
Q

47 injury definition issues

A

Chan took - more than transient and trifling

DPP V T - consciousness

20
Q

20 injury definition issues

A

Jcc V eistenhower

Wound must break skin
Not in act

21
Q

However for lack of definition

A

Precedence work for so long creates consistency no need for change

22
Q

Sentencing issue

A

47 = 5 year
20 = 5 year

Different ACtus and injury level
47 triable ether way
20 indictable

23
Q

Justice in sentencing

A

No justice for V of injured in grevious way

No justice for D if commutes ABH and have same sentence as for GBH

24
Q

Sentencing however

A

Both basic intent crimes
Judge might not give max and can use mitigating or aggregating factors

Law is not retrospective anyway so those in prison will remain

Crimjnal Evaluatiosn (4 decks)

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