Personalism-impact on victims and how Restorative justice conference can balance the interest of victims and the public.
Introduction There are many different definitions of crime. One is as in the current justice system, which views crime as an act or omission that the law makes punishable. The other system, which has been increasingly popular in recent years, is restorative justice, which perceives crime as 'an injury of people and relationships' (Zehr, 1990) rather than merely a violation of law and social norms. Due to these conceptual differences, they take different approaches in response to crime. The existing system highlights the retributive and punitive domain; it intends to establish blame on offenders and make offenders repay their debt to society by punishment. The system is more offender-oriented and its focus is the past rather than the future. Besides establishing blames, it tends to give less attention on future-oriented concerns like how to repair the damages caused by the crime and how future recurrences can be prevented. It has been argued that the existing system places excessive emphasis on the past and is less constructive to victim, offenders and the society. From the restorative justice perspective, crime is viewed as social conflicts within the society. Restorative justice system was designed to restore social harmony and repair the damages of social conflicts. It begins with repairing the harm suffered by victims and assisting the reformation of offenders. It
Criminal liability is generally thought to require an act, as opposed to an omission and that the act be performed voluntarily. Discuss the significance of these requirements.
Criminal liability is generally thought to require an act, as opposed to an omission and that the act be performed voluntarily. Discuss the significance of these requirements. Criminal liability is imposed when a person can be fairly blamed for causing a prohibited harm or result. This blame then justifies the enforcement of punishment, which depending on the seriousness of the crime, can range from a simple fine to a mandatory life imprisonment. The potential restriction of rights and freedom, as well as the social stigma of being labeled a criminal, hence demand that certain criteria should be met before someone can be liable for his actions. The requirements expressed in the statement above fall within the ambit of actus reus, the objective conduct element of a crime that is a precondition for criminal liability. We shall look at the significances of these requirements from various perspectives. Actus reus is concerned with conduct. The term 'conduct' in the context of criminal law comprises of both acts and omissions. The distinction between them is important, because liability will only be imposed for an omission if a legal duty to act can be established. Katz suggested the following test: 'if the defendant did not exist, would the harmful outcome in question still have occurred the way it did?'1 There are several other distinctions, but the distinction that justifies
Attempt to establish the relative advantages of both custodial and non-custodial sentencing in relation to punishing offenders in the United Kingdom.
The purpose of this essay will be to attempt to establish the relative advantages of both custodial and non-custodial sentencing in relation to punishing offenders in the United Kingdom. The concept and rationale for punishment will be discussed, drawing on theoretical perspectives as analytical and evaluative tools. The essay will conclude with an overall evaluation of the merits and demerits of custodial vis à vis non-custodial sentencing and a projection for the future of sentencing. Garland defines punishment as a 'complex social institution,' arguing that it is a mechanism for dealing with criminals in a legally administrative way, but that it is also an expression of state power, a statement of collective prevailing morality, emotional expression and economically-linked social policy (Garland, 1990, p. 287). Punishment may also be defined as anything that is unpleasant, a burden, or an imposition of some sort on an offender. Thus, compensation is a punishment, as is having to attend a counselling program, paying a fine, having to report to a probation officer on a regular basis, or doing work for a crime victim (Duff 1992, p. 73; Davis 1992, pp. 44-45). Why society punishes and what punishment can and cannot accomplish are central issues to this essay so that the concept of punishment, manner and the degree to which it is metered out can be understood; not just
Case Note - Stone & Dobinson 1977. The details contained in this case are very emotive and raise some important issues surrounding the issue of care and the duty owed to a person who is unable to care for themselves
Shaun Rogers – LW508 Criminal Law – D.Dinsmore R v John Edward Stone R v Gwendoline Dobinson [1977] 2 All ER 341 Court of Appeal Case Note The Facts Stone, a 67-year-old man partially deaf and almost blind lived with his younger partner Dobinson. Also living with Stone and Dobinson was Stones adult son Cyril. All had capacity issues. Stones anorexic sister Fanny came to live with her brother and his mistress as a lodger. Fanny suffered from anorexia nervosa. When living with her brother and his partner, Fanny’s condition worsened. Attempts were made to help Fanny but these were ineffective. Fanny died. Judgement Lord Justice Geoffrey Lane made it clear that there was no dispute as to the matters upon which the jury had to be satisfied before they could convict of manslaughter.[1] These were, . That the defendants took on the care of a person who was unable to care for themselves, whether this be due to the age or infirmity of the person being cared for. . With regards to the defendant’s duty of care, they were grossly negligent. . That by reason of such negligence the person died. It was suggested by Mr. Coles for the appellants that Fanny cast a duty on her brother and Mrs. Dobinson because of the fact she became infirm and helpless. He said the appellants were entitled to do nothing leading into what he believed to be an analogous example, which was
