Types of Justice

Question 1

4 types of justice:

Answer 1

• Formal procedural
• Substantive
• Distributive
• Corrective

Question 2

Formal procedural: definition

Answer 2

Procedural justice is the idea of fairness in the processes used by those in authority to resolve disputes.

Question 3

Formal procedural: Legal aid

Answer 3

• Provides legal representation and funding to those who cannot afford it
• only 40% if the population are eligible for legal aid after the cuts

Question 4

Procedural: Police

Answer 4

• Protects the victim, punishes the wrong-doer and safeguards the public
• Not always achieved - Stephen Lawrence.

Question 5

Substantive: definition

Answer 5

Making sure actual areas of law within our legal system achieve fairness.

Question 6

Substantive: Sentencing procedure

Answer 6

• Harsher crime -> harsher punishment
• No discretion for individual cases (R v Cocker).

Question 7

Substantive: Defences

Answer 7

• Defences of duress, diminished responsibility, loss of control and self defence.
• Duress is not a defence for attempted murder (compare cases of Gotts and Byrne).

Question 8

Corrective: definition

Answer 8

How the law deals with an attempts to correct wrong doing

Question 9

Corrective: Sentencing aims

Answer 9

• Retribution and deterrence
• 24.4% of offenders ended up reoffending.

Question 10

Corrective: Rules of evidence

Answer 10

• Rules of evidence ensures the right to a fair trial is not breached
• Illegally obtained evidence might be admissible (Jeffery v Black).

Question 11

Distributive: Definition

Answer 11

Concerns the fair allocation of the benefits and responsibilities among society.

Question 12

Distributive: Aristotle

Answer 12

• Distribute wealth based on merit
• Example: Current pension scheme
• Those who cannot physically or mentally work would be impacted negatively.

Question 13

Distributive: Marx

Answer 13

• Everyone should contribute ad receive wealth based on need
• Example: NHS programme
• Lazy people would not have to contribute in society.

Question 14

Distributive: Legal aid

Answer 14

• Legal aid covers legal representation
• Cuts resulted in only 40% being able to receive legal aid.

Question 15

Distributive: Minimum wage

Answer 15

• Sets out the minimum amount of pay a worker is entitled to
• Not all employers will abide by this (Especially in the youth).