Fair Labelling

Question 1

Define

Answer 1

Fair labelling is not only what is considered to be criminal conduct but includes whether the label and moral condemnation of it should apply.

Question 2

3 mechanisms to ensure fair labelling

Answer 2

1. Strict rules of evidence are followed in cases
2. D is held to be innocent until proven guilty - not seen by the jury as a criminal until proven beyond reasonable doubt guilt or innocence.
3. Jury must come to a decision by at least 10-2

Question 3

Criminal concepts that ensure fair labelling

Answer 3

Correspondence between MR and AR
Assault - D found guilty would have foreseen the outcome - found guilty and labelled.

Question 4

Issues with fair labelling

Answer 4

Murder - (R v Vickers) issue with MR - only need the MR to intend GBH but V dies.

Durress- taxi and gunman