Criminal

• What is Fault in law?

  looks at Blameworthiness and ensures the wrongdoer takes legal responsibility
• What is balancing competing interests in law?

  Looks at how the courts ensure both parties in a hearing are heard equally
• What is society?

  A group of individuals living together and sharing common customs, values, and institutions
• What is pluralism?

  The coexistence of multiple groups or ideas in society
• What are the 8 principles set out by Lord Bingham?

  1 the state must follow domestic and international law

  2 people can only be sentenced for crimes that are illegal

  3 infringement of rights needs to be assessed using law

  4 the law should be accessible

  5 everyone should be treated equally

  6 respect for human rights

  7 courts should be accessible and affordable

  8 issues need to be resolved without excessive costs or delays
• How does men’s Rea show fault?

  By showing what was in someone’s mind when committing the crime can determine if it was accidental or an offence -R v Adomako
• How does actus reus show fault?

  Actus reus must be voluntary to establish fault, if someone fails to act (omission) then fault can be imposed on the person -R v Miller
• How does causation show fault?

  Causation ensures we blame the correct person for the offence and ensures we put the right amount of blameworthiness on them -R v White
• How do defences show fault?

  Self- defence is a defence that can show the defendants actions to be lawful and justifiable and can result in acquittal
• How do strict liability cases link to fault?

  no fault is needed as only finding the actus reus in necessary - callow V Tillstone
• How does sentencing link to fault?


  The level of sentence given depends how at fault someone is
• What is justice?

  Fairness and equality
• What is distributive justice?

  Fair allocation of the benefits and responsibilities of life
• What is utilitarianism?

  Maximising happiness should be the object of justice
• What is social justice?

  Equal justice in all aspects of society
• What did Karl Marx say about distributive justice?

  Achieving justice means to maximise your full ability, everyone will receive what they need irrespective of personal contribution
• What did Jeremy Bentham say about utilitarianism?

  The more something increases happiness, the more valuable it is

  maximising happiness should be the objective of justice
• What is act utilitarianism?

  The rightness of an act is judged in isolation to see whether it adds to or subtracts from the sum of human happiness
• What is rule utilitarianism?

  The rightness of an act is judged according to whether the sum of human happiness would be increased if everyone acted the same way
• What did John Rawls say about social justice?

  Justice is fairness and we need society to operate behind a ‘veil of ignorance’ so all benefits and burdens need to be distributed justly and fairly
• What is procedural justice?

  Fairness in the processes used to make decisions

  legal aid is important and helps people access their right to justice
• What is corrective justice?

  Restoring fairness or balance through compensation or punishment for a wrongdoing
• What is substantive justice?


  Content of the law must be just and proportionate
• What is meant by impartiality in natural justice?

  Courts need to be impartial, personal opinion and interest is irrelevant in the courts - Pinochet case
• What is meant by fair opportunity in natural justice?

  Each party should be given an equal and fair opportunity to present their case - Ridge v Baldwin
• What is paternalistic law?

  Conduct should be criminalised in instances to avoid harm being done to ourselves
• What is legal moralism?

  Conduct is wrong if it is morally wrong
• What is autonomy?

  An individual should be able to do what they want without interference
• What is individual responsibility?

  Accountability

  you can’t be responsible for a crime someone else committed unless you have contributed to the crime
• What is fair labelling?

  The offence someone is convicted of should match the conduct committed

  the correct level of offence is convicted - OAPA 1861
• What is correspondence?

  Where the actus reus and men’s Rea do not match, the liability of the accused can’t go beyond the defendants level of men’s Rea
• What is maximum certainty?

  The law needs to be certain, ensures we know what is needed for a conviction
• What is no retrospective liability?

  A person can’t be convicted of an offence that is not illegal