Law and Justice 2 Flashcards
(48 cards)
What did Darling say about the law?
The law is like a tavern open to all.
Procedural justice
Focuses on the fairness of processes and decision making.
What does the law provide?
Free legal advice in person or phone at a police station.
What was removed?
Rights for areas such as social welfare and employment.
Who removed the rights?
Legal Aid and Sentencing Offenders Act 2012
What happened from 2013?
Cutting of millions of legal aid.
What does the cutting of legal aid do?
Undermine justice
What did Utilitarians believe?
It’s just to make cuts if it benefits others.
An example of cutting funds benefiting others
NHS
What do some people believe?
LAPSO restrictions create procedural injustice as only wealthy can afford.
What happens to those who qualify for means or merit’s tests?
limited to low skilled lawyers.
Why are people limited to low skilled lawyers?
Due to the fact most lawyers don’t want to provide free legal aid.
What can be used for civil law?
Conditional fees or insurance
What’s the issues with conditional fees and insurance?
Only available if case likely to win.
Limited to 8,000
What’s the final verdict?
Well of businesses and individuals receive most justice as they can afford to take people to courts and get good representation.
How many law firms offered legal aid in 1950’s?
5000
How many law firms offered legal aid in 2021?
Less than 2000
In 2010 how much did the LA reforms cut from the budget?
350 million
Substantive justice
Focuses on the content or outcomes of laws and legal decisions, ensuring they are fair.
What cases illustrate mandatory life sentences as unfair?
Cocker
Ignis
Examples of different sentencing which creates justice
Whole life term
30 years
15 years
Factors which create justice when sentencing
Aggravating
Mitigating
Tort substantive justice negligence case
Donoghue
Nettleship what would utilitarians believe?
Majority protected but on the surface seems unfair.