definitions of recklessness known to English law

1. Introduction: There are two definitions of recklessness known to English law: subjective /adevertent/Cunningham recklessness, and objective/inadvertent/Caldwell recklessness. Of the two, subjective recklessness is more important, and can be regarded as the standard variety of recklessness. Some crimes use one ...

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‘Offence seriousness should be the primary determinant of sentence. But that does not mean that an offender’s criminal record is irrelevant to sentencing.’ In what ways, if at all, do you think previous convictions should inform sentencing decisions?

Question 2: ‘Offence seriousness should be the primary determinant of sentence. But that does not mean that an offender’s criminal record is irrelevant to sentencing.’ In what ways, if at all, do you think previous convictions should inform sentencing decisions? ...

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Hohfeld’s Analysis of Rights

1. Introduction: Rights claimed in modern society have a contradictory quality about them. We can easily place strongly affirmed rights in direct conflict. For example, people claim the right to life yet there are others who claim a right to ...

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Provocation

Provocation: At its core, is the defence of provocation based on an excusable loss of self control in a situation of intense psychological pressure or on a justifiable feeling of anger occasioned by the wrongful acts of another? 2004 In ...

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Justice theory

Justice theory §         ‘justice according to the law’ – proper operation of a given system §         ‘justice’- external standard is being advanced by reference to which the operation of a legal system may be evaluated. §         Claims that a law ...

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Rearing Future Citizens for a Liberal Democracy

Rearing Future Citizens for a Liberal Democracy Modern democracies of the twentieth century, for a variety of reasons, began to recognise family privacy as an important aspect of a well-ordered society.  Thus in the United States as early as the ...

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