AC1 Flashcards
(8 cards)
1.1 Describe Processes Used For Law Making
- Government Processes :
- ROYAL ASCENT : king or queen give royal ascent for law making and accept / pass a new law
- HOUSE OF COMMONS : most important part of parliament, made up of 650 members who represent a constituency
- HOUSE OF LORDS : 800 peers, 92 hereditary peers and 26 church of england bishops who double check new laws - How Does A New Law Come About :
- begins as a green paper where the law is proposed and set out , which is open for public debate and consultation
- if the public support the proposal then…
- it becomes white paper where the law is set out more formally, it becomes a bill and presented to parliament and house of C or L - Process Of A Bill Through Parliament :
- FIRST READING - aims announced, vote taken
- SECOND READING - aims debated, vote taken again
- COMMITEE STAGE - representatives scrutinise the bill and suggest amendments
- REPORT STAGE - findings of committee are announced and vote taken on amendments
- THIRD READING - final vote and discussion
- these steps are repeated in house of lords who provide any further suggestions and then passed back to house of commons for approval who have the final say
- ROYAL ASCENT - monarch accept and pass the bill
1.1 Describe Processes Used For Law Making
- JUDICIAL PRECEDENT
- make laws and its application to be fair and consistent
METHOD :
- judge follows decisions from previous similar cases
- past judges help determine law for future judges
- essentialy they set a ‘precedent’
- if there is no precedent, the judge makes a new one
TEHCNIQUE :
1. DISTINGUISHING - the dissimilarities between 2 cases are set out to see what can / can’t be applied
2. OVERRULING - when higher courts decide that decisions from lower courts was wrong ( marital rape )
3. REVERSING - the overturning of the judgement made by lower courts through appealing
CASE EXAMPLE :
- Read v Lyons
- court distinguished this case from rylands v fletcher because in read v lyon’s there was no escape from the harmful substance as the explosion happened inside the building
- the court avoided applying a precedent by pointing out key factual differences
1.1 Describe Processes Used For Law Making
- STATUTORY INTERPRETATION
- a word or phrasing of a statute is unclear so the judge decides its meaning
METHOD + TECHNIQUE :
1. LITERAL - the words of the statute are given its orindary and natural meaning and it is applied, the literal meaning o the word is used
2. GOLDEN - modification of the LR as sometimes the LR can lead to absurd outcomes so they must look for a new meaning
3. MISCHIEF - look at what the statute was before the law was passed to discover any gaps the statute was intended to cover, the court interpreted the statute to then cover this gap ( example is smith vs hughes ) - street offence act 1959, case of prostitute
CASE EXAMPLE :
- Whitley v Chappell
- the court had used the literal rule to interpret the phrase “any person entitled to vote” in a strict sense
- the dead person who’s name was being used was not able to do so, so the defendant was found not guilty
- therefore it shows how using the literal rule can lead to absurd or unjust outcomes
1.2 Organisation of The Criminal Justice System
- PROCEDURE / SUMMARY OF CJ
- Procedure ( LECCAGIWHA )
- laws are made by parliament or judiciary
- enforced by police
- cps decides if a case comes to court and advises the police
- cases are bought before magistrates court
- accused is released on bail or remanded in custody
- guilty = sentenced, not guilty = sent to trial which is heard by magistrates or jury
- if found guilty the M or J will issue a formal punishment and advised by sentencing council and D will be sent to prison
- welfare of prisons and prisoners is overseen by hm prison service
- hm inspectorate of prisons is a separate authority and ensures the conditions and treatment of prisoners meet standards
- after prison the person is supervised by national probation service
1.2 Organisation of The Criminal Justice System
- ORGANISATIONS
- LAW CREATION
- parliament and judges create new laws for crime
- parliament passes all acts
- create new laws through judicial precedent and statutory interpretation
- administered by the cj, ministry of justice and home office - POLICE
- enforce the law, investigate crime, collect evidence, arrest, detain and question suspects / witnesses
- issues fines and cautions for minor crimes
- send files to cps for more serious crimes - CPS
- advise police on lines of inquiry and evidence
- assess evidence and decide if they should prosecute and what charges to give
- apply the full code test
- prepare, present and prosecute cases in court - HM COURTS AND TRIBUNAL SERVICES
- 95% of all cases sent to magistrates for a pre trial hearing
- plea, bail and legal aid are decided
- if not guilty they are sent to trial
- all evidence must be heard before verdict is decided
- sentence is passed - HM PRISON SERVICES + PROBABTION SERVICE
HM :
- supervise offenders, punishment and aid rehabilitation
PROBABTION SERVICE :
- supervise offenders serving a community sentence
- often prisoners who have served a 2 year sentence will be released on license and require 12 months supervision by the probabtion service
- they also aid rehabilitation and supervise punishment
1.2 Organisation of The Criminal Justice System
- RELATIONSHIPS
- POLICE WORK WITH :
- CPS - provide evidence and charge suspects in line with their advice
- COURTS - provide advice, protection of vulnerable witnesses, keep D in cell, transportation of D
- HM PRISON + PROBATION - arrest prisoners who have breached their license , after Sarahs Law they have managed the list of child sex offenders - CPS WORK WITH :
- POLICE - act as a 24 hr helpline for them and they provide advice of evidence and charging
- COURTS - prepare and present cases and appeal against unduly lenient sentences - HM COURTS AND TRIBUNAL SERVICES WORK WITH :
- POLICE - safe transport of the suspect and work with witness
- COURTS - in terms of funding and supervising the efficient running of systems
- HM P + PROBATION - holding prisoners awaiting hearing and return them to prison - HM PRISON SERVICE WORK WITH :
- POLICE - facilitate interviews
- COURTS - put the sentence into practice and supervise those in custody and their visits
- PROBATION SERVICE - liaise if prisoner is released on license - PROBATION SERVICE WORK WITH :
- POLICE - if a prisoner is recalled to prison while they are on probation
- COURTS - prepare pre sentences, supervise offenders and conduct drug tests
1.3 Describe Models of Criminal Justice
- CRIME CONTROL MODEL
AIMS :
- suppress crime
- starts from the presumption of guilt
- catch and punish offenders to deter them from committing more crimes
- freedom and authority of the police - enhanced powers and are trusted to catch guilty through investigation
- removes too much red tape
- conveyor belt approach - quick and easy
- protects society and wider victims
- zero tolerance approach
EVALUATION :
+ efficient suppression of criminal activity
+ speedy and routinised
- police may take advantage of their power
- doesn’t protect the accused individuals rights
THEORIES :
- RIGHT REALISM - conservative approach, favours more power of police such as stop and search, favours retribution over rehabilitation and ensures the D is punished appropriately and imposes sentences to protect society + victims
- FUNCTIONALISM - enforces moral boundaries through punishment, expresses moral outrage and wrong doing
CASE EXAMPLES :
1. BARRY GEORGE - fit the loner profile who didn’t adhere to the norms, made conviction based on single particle of gunshot residue, was imprisoned w failed appeals and no compensation
2. COLIN STAG - also fit loner profile, used undercover ‘lizzie james’ and letters to help reach conviction
- in both cases the police were under pressure by public to make a conviction, was not fair on accused behalf
1.3 Describe Models of Criminal Justice
- DUE PROCESS MODEL
AIMS :
- sees the rights of the accused individual as the central issue
- starts from the presumption of innocence
- individual should be protected from the power of the authorities
- ensures safety and fairness
- obstacle course approach - judge, lawyers and police must pass certain stages for a conviction
- police have restricted powers to avoid abuse
- accused rights favoured over wider society and victim - fair judgement
EVALUATION :
+ can’t be found guilty unless there is a formal decision or its clearly defined
+ individuals rights are favoured
- does not support much evidence used in trial - scrutinises anything apart from physical evidence
- more time and hardship on the victim
THEORIES :
1. LEFT REALISM - fighting crime relies on the cooperation of the community so police must follow the DPM to avoid discrimination, also favours rehabilitation and believes people can and do change
2. LABELLING THEORY - crime is socially constructed and agents of social control label those who are powerless as deviant and so police must follow DPM to avoid targeting specific groups
CASE EXAMPLES :
1. SION JENKINS - was given the right to appeal against conviction and given a re trial, appealed 3 times, each time there was a presumption of innocence and shows how much time and dedication was put to one case
2. R V MURRAY - D was silent when questioned by police, judge told jury that conclusions can be made by this which undermines the D’s right to silence, shows how the protection of individuals rights is important during trial
