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麦考瑞作业代写:草案的背景
2017-04-18 13:24

麦考瑞作业代写:草案的背景
The ‘Background to the Draft Bill,’ published in the First Report of the Select Committee on Home Affairs and Work and Pensions[1], states that the primary impetus behind the proposed reforms is the “public concern that the law is not delivering justice.” In particular, this section of the report refers to the Marchioness Riverboat tragedy[2] and highlights how distressed, angry and frustrated those who were bereaved by this incident felt as a result of what they perceived to be a failure of the law to prosecute those responsible. On this basis the report states “we have taken the view throughout this report that the key issue to consider when examining the proposals is whether they satisfy those who have previously felt so let down by the law,” suggesting that the new approach must take an individual victim-based perspective.As a basis for reform, I must take issue with this rationale. Whilst it may well be the case that the law has previously failed to strike the correct balance between the protection of corporations from criminal liability on the one hand and the enforcement of the interests of secondary[3] victims, who feel that criminal prosecution is the only true justice, on the other[4], the way of rectifying this imbalance should not be through an individual victim-based approach.
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