Law and Justice 2 Flashcards

(48 cards)

1
Q

What did Darling say about the law?

A

The law is like a tavern open to all.

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1
Q

Procedural justice

A

Focuses on the fairness of processes and decision making.

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2
Q

What does the law provide?

A

Free legal advice in person or phone at a police station.

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3
Q

What was removed?

A

Rights for areas such as social welfare and employment.

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4
Q

Who removed the rights?

A

Legal Aid and Sentencing Offenders Act 2012

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5
Q

What happened from 2013?

A

Cutting of millions of legal aid.

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6
Q

What does the cutting of legal aid do?

A

Undermine justice

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7
Q

What did Utilitarians believe?

A

It’s just to make cuts if it benefits others.

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8
Q

An example of cutting funds benefiting others

A

NHS

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9
Q

What do some people believe?

A

LAPSO restrictions create procedural injustice as only wealthy can afford.

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10
Q

What happens to those who qualify for means or merit’s tests?

A

limited to low skilled lawyers.

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11
Q

Why are people limited to low skilled lawyers?

A

Due to the fact most lawyers don’t want to provide free legal aid.

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12
Q

What can be used for civil law?

A

Conditional fees or insurance

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13
Q

What’s the issues with conditional fees and insurance?

A

Only available if case likely to win.
Limited to 8,000

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14
Q

What’s the final verdict?

A

Well of businesses and individuals receive most justice as they can afford to take people to courts and get good representation.

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15
Q

How many law firms offered legal aid in 1950’s?

A

5000

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16
Q

How many law firms offered legal aid in 2021?

A

Less than 2000

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17
Q

In 2010 how much did the LA reforms cut from the budget?

A

350 million

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18
Q

Substantive justice

A

Focuses on the content or outcomes of laws and legal decisions, ensuring they are fair.

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19
Q

What cases illustrate mandatory life sentences as unfair?

20
Q

Examples of different sentencing which creates justice

A

Whole life term
30 years
15 years

21
Q

Factors which create justice when sentencing

A

Aggravating
Mitigating

22
Q

Tort substantive justice negligence case

23
Q

Nettleship what would utilitarians believe?

A

Majority protected but on the surface seems unfair.

24
What case would be seen as fair?
Caparo
25
What case would be seen as unfair?
Hill
26
Why would Hill be considered unfair?
As there is no fair remedy
27
What would be believed about Robinson?
Social justice restored ART6 no one above law
28
Corrective justice
Judge discovers damage done and tries to restore balance.
29
Damages
To put someone in the same place they were before the tort occurred.
30
Contributory damages
Reduce damages if C contributed.
31
Example of a contributory damages case
Froom v Butcher Law Reform CN Act
32
What did the Criminal Law Revision Committee 1995 say?
Greatest disasters have shaken British History.
33
What did Canning and Clarke lead to?
200 similar convictions being looked at.
34
Appeals
Positive duty on judges when things have gone wrong to do everything possible to make it right.
35
What happened in 2012?
62/13808 cases had their sentences increased by the CA.
36
Why did the CA increase sentences?
Cases considered unduly lenient
37
What happened in 2017?
SC received 228 appeals and decided to hear 85.
38
What is the success rate?
41%
39
Reasons for miscarriages
Deliberate fabrication of evidence Mistake or unreliable evidence Jury problems
40
Procedures put in place
Police collect evidence and interview suspects Criminal Appeal System Criminal Case Review Commission
41
Police collect evidence and interview suspects under what
PACE 1984
42
Criminal Appeal system
Criminal Appeal Act 1985
43
Canning
Unreliable evidence and Non disclosure led to wrongful conviction
44
Sub Post Office Master Scandal
Mistaken evidence and incorrect procedure led to hundreds of wrongful convictions.
45
What happened as a result of the Sub Post Office Master Scandal?
57.5m in damages Overturned convictions New legislation
46
Evans
Wrongly convicted and executed for the murders of his wife and daughter.
47
Birmingham six
Six men wrongly executed for pub bombings, released 17 years later.