Debating the Law

Август 9, 2022

Содержание

2. “The Law” vs Law Debates The law is what it is – legal professionals work within
3. Broad aims of the law Rehabilitation – best environment? Deterrent – but decision-making calculus? Protection of
4. Culpability and harm Sentencing guidelines factor in mitigating factors, as well as degree of harm. Culpability
5. Intent and recklessness Did the perpetrator intend to cause a negative consequence - distinctions in law
6. Structural problems with the legal system Sentences higher in the USA for crack cocaine possession (a
7. Judges and Juries Juries come to a verdict of guilty or not guilty. Judges decide sentencing.
8. Judges v. Juries Prejudices of juries vs judges. Juries can be swayed more easily by tricks
9. Consequences of being found guilty Profound and far reaching effects on lives. Criminal records damage chances
11. Скачать презентацию

Слайд 2

“The Law” vs Law Debates
The law is what it is –

legal professionals work within a strict framework.
BP debates are about what the law –should- be – you have to principally or consequentially justify it.

Слайд 3

Broad aims of the law
Rehabilitation – best environment?
Deterrent – but decision-making

calculus?
Protection of public
Punishment strictu sensu

Слайд 4

Culpability and harm
Sentencing guidelines factor in mitigating factors, as well as

degree of harm.
Culpability can be raised by factors like planning. Degree of harm depends on factors like psychological trauma to victim, or whether they were a particularly vulnerable person.
Culpability lowered by circumstances which make a crime more ‘understandable’ – hardship, provocation, abuse by partner.

Слайд 5

Intent and recklessness
Did the perpetrator intend to cause a negative consequence

- distinctions in law like manslaughter and murder.
But sometimes reckless – any reasonable person could have seen it coming, even if they didn’t actually intend the harm (e.g street racing in a crowded area resulting in death).

Слайд 6

Structural problems with the legal system
Sentences higher in the USA for

crack cocaine possession (a drug traditionally used primarily by African Americans), than powder cocaine, used by more white people.
Access to lawyers, legal defence, ability to understand legal jargon and formal, subtle language.
Appearance/image in jail/court. Language use in courtroom.

Слайд 7

Judges and Juries
Juries come to a verdict of guilty or not

guilty.
Judges decide sentencing.
Judge will direct and manage the jury – for instance, telling them whether a piece of evidence is valid and should be weighted in the decision.

Слайд 8

Judges v. Juries
Prejudices of juries vs judges. Juries can be swayed

more easily by tricks regarding image of victims/defendants.
Subconscious biases – judge fatigue vs inexperienced juries.
Judge fatigue – ignoring valid defences because they’ve heard it all before, etc.
Juries disregarding judge management and the law itself

Слайд 9

Consequences of being found guilty
Profound and far reaching effects on lives.
Criminal

records damage chances of employment, insurance rates, ability to take loans.
Prison is often intensely traumatic.

Debating the Law

Содержание

“The Law” vs Law DebatesThe law is what it is –

Broad aims of the lawRehabilitation – best environment?Deterrent – but decision-making

Culpability and harmSentencing guidelines factor in mitigating factors, as well as

Intent and recklessnessDid the perpetrator intend to cause a negative consequence

Structural problems with the legal systemSentences higher in the USA for

Judges and JuriesJuries come to a verdict of guilty or not

Judges v. JuriesPrejudices of juries vs judges. Juries can be swayed

Consequences of being found guiltyProfound and far reaching effects on lives.Criminal

Похожие презентации