Jeff Sessions Announces Hardline Sentencing Policy

Last week, a new federal charging policy emerged in the USA, with Attorney General Jeff Sessions instructing federal prosecutors to pursue the most serious charges available against the vast majority of criminal suspects.  This policy will inevitably send more people to prison and increase average sentence length.  This in direct contrast to former Attorney General Eric Holder's policy of instructing…

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ARTICLES ON JURISPRUDENCE: UTILITARIANISM – THE NIHILISTIC PHILOSOPHY THAT THREATENS THE RULE OF LAW IN THE UK (PART I)

In my article on Capital Punishment, see here, I discussed the philosophy of utilitarianism in order to counter the challenge it poses to retribution based justice. In this article I will expand upon my critique of utilitarianism (part I) and also demonstrate how utilitarianism has served to undermine the rule of law in the UK (part II). Philosophical Critique I…

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Calls For ‘Hate Crime’ Equality

Campaigners have called for ‘hate crime’ equality, see here. What ‘hate’ actually refers to is the crime being motivated or aggravated by an arbitrarily protected characteristic. If the Court makes a finding that a crime was motivated or aggravated by the victim possessing such a characteristic, then the Judge will increase the sentence passed.  The prosecution need to prove this…

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Jeff Sessions

US Attorney General Jeff Sessions is interviewed by Fox News at the Southern Border Wall with DHS Secretary John Kelly.  The pair discuss the tendering process and the importance of combating violent criminal gangs. https://youtu.be/R7ZvP11tJf0 Below Attorney General Jeff Sessions is interviewed by Mark Levin about so called sanctuary cities, the recent judicial decisions against his administration's immigration policy and…

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Bizarre Court of Protection Case

I did not notice this bizarre case when it was first reported on or around the 12th April. The Court of Protection struck out an application for authority to remove transplantable material from the Applicant’s father on the basis that, the father’s capacity had not been established, he had not been consulted, the need for the procedure had not been…

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Landmark Judgment on ‘Indirect Discrimination’

In a recent judgment concerning employment law and ‘indirect discrimination’, see here, the Supreme Court decided that a Claimant does not need to prove the reason why their protected group is disadvantaged by a particular provision, criterion or practice (“pcp”), in order to succeed in a claim for ‘indirect discrimination’. Therefore once the employee can show that their group is…

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IMPORTANT SUPREME COURT DECISION ON UNJUST ENRICHMENT

Please read my linkedin article here on an important case concerning unjust enrichment.  This is an area of law that is often poorly understood and the recent Supreme Court judgment explains the concept cogently and sets out the limits of when it applies.

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THE NEVER ENDING CHALLENGE TO BREXIT

In a post here on UK Human Rights Law blog, the author argues that the notice of withdrawal from the EU given by the U.K. Government, can be withdrawn and/or that the withdrawal notice provided is conditional upon further legislation being passed by the UK Parliament.  One of the reasons for this, according to the author is the need for…

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MARRIAGE: THE INSTITUTION THAT WON’T DIE QUIETLY

“As he was passing by a fishmonger who was skinning an eel alive, he heard him ‘curse it because it would not lie still’”1 “Do not go gentle into that good night. Rage, rage against the dying of the light”2 The Tini & Hugh Owens case caused considerable consternation amongst family law practitioners, a divorce petition was refused.  In their…

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DEFAMATION & ‘SERIOUS HARM’

The ‘serious harm’ test was introduced by the Defamation Act 2013 and come into force from the 1st January 2014. Section 1(1) provides that: “a statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant” The ‘serious harm’ test was applied recently case of Monroe v Hopkins [2017]…

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