Crim Unit 4 Flashcards
(65 cards)
What is the three parts of parliament?
House of commons
House of Lords
Monarch
What is the government process?
1- Green paper: public consultation
2-white paper: formal proposal
3- First reading
4-second reading
5-committee stage
6-report stage
7-third reading
8- repeate in house of Lords (ping pong)
9-royal asscent
What’s the first reading
Name of Bill and main aims read out and formal vote taken
What’s the second reading
Main debate and formal vote
What’s the committee stage
Chosen group of representatives look closely at bill to address any issues and suggest appropriate ammendments
What’s the report stage
Committee report back to full house then vote
What’s the third reading?
The final vote
What’s royal ascent?
Monarch signs the bill
What’s judicial precedent
Law made by judges in courts
Case example for judiciary precedent
Donoghue vs Stevenson
Two friends visited cade and one had bottle of ginger beer that had remains of a decomposing snail in
Woman felt ill and sued manufacturer
Court decided duty of care was owned by manufacturer
‘Neighbour principle’ this case founded the modern day law of negligence
What’s statutory interpretation?
Judges in superior courts called upon yo interpet words and phrases in a statue
What’s a statue
A law
What are the superior courts
Appeal and supreme
Case example of statutory interpretation
Whitley vs Chappell
Defendant was charged with impersonate any person entitiles to vote
Defendant pretended to be a person who was on the voters list but that person had died
The court decided he was not guilty as the person was dead therefore not “entitled to vote”
What are the CJS agencies
Police
CPS
Judiciary
Prisons
Probation
Charities & pressure groups
Police relationship eith other organisations
Courts- ensure defendants in custody are brought before them
Courts- give evidence
Probation- management of offender
CPS- work in charging and prosecution
Relationship of courts
Judicuary- contributed to law creation though judicial precedent & statutory interpretation
Police- ensure safe delivery of prisoners to court
Prison- video links to prisoner not attending court hearing
Prisons- held in court cells pending court hearing and return to Prison
Relationship of CPS
Police- advise on charging suspect
Courts- conduct advocacy of case
Relationship of prisons
Juduciary- judges set terms
Police/courts- defendants denies bail remanded to prison
Probation- prisoner release
Charities relationship
Support change
Police- Sarah’s law worked with police on disclosure lists
Prisons- prison reform Trust
What are the modes of criminal justice
Due process
Crime control
What’s the due process model
Left realism
Presumption of innocence
Promotes fairness
Promotes defendants rights
Limits official oppression (police)
Legislation should provide safeguards for fair conviction
Caring & equal society creates justice
Case that shows due process
Opposite- Colin stagg
What’s the crim control model
Right realism
Zero tolerance
Presumption of guilt
Enhance police powers
Protect rights of victims
Retribution & revenge
Quick efficient disposal of cases
Deter through detention & comviction
