law exam Flashcards
(45 cards)
what are the aims of sentencing
punishment, deterrence (individual and general), rehabilitation, protection of society, and reparation.
what are aggravating factors
circumstances that make a crime more serious or severe. e.g premeditation, the use of violence, the presence of a weapon, or the impact of the crime on the victim or community.
what are mitigating factors
circumstances that may lessen the severity of a crime or the culpability of the offender, e.g the offender’s lack of prior criminal record, their age, mental health issues, or evidence of remorse.
what are key features of custodial sentences
must be ‘so serious’ to be justified (CJA 2003); sentencing council sets guidelines on appropriate lengths. those 21 and above are sentenced to custody and prison, while those aged 21 and below are sent to detention at a young offenders institute; Sentences can be immediate for life (e.g., murder) or for a set period of months/years (e.g., 6 months for an assault) or can be suspended.
what are options of community orders
must be ‘serious enough to be justified’ (CJA 2003); offender may also be required to pay a fine (up to £5k in mags) going towards govt or compensation; offender may be given an absolute or conditional discharge, meaning as long as they don’t reoffend within that time, there’s no further punishment.
what is the brinks mat trial associated with
nobbling
What case is associated with the concept of Contempt of Court
r v frail
Which case is related to the concept of Jury Equity
r v owen
What is the purpose of the Jury Central Summoning bureau
to summon potential jurors to jury service
What are the qualifications to be eligible for jury service in the UK
Must be 18-75 years old, registered to vote, residing near the court, and have been living in the UK for at least 5 years since the age of 13.
What are some reasons for disqualification from jury service
having certain criminal convictions, being a member of the armed forces, or having a lack of understanding of English.
what are some advantages of juries
secrecy, public confidence, diversity
what are some disadvantages of juries
lack of understanding, bias/media influence, cost
what is the role of jury in a trial
jury listens to the evidence and decides the facts of the case.
what is the importance of jury deliberations
confidential and secret, allowing the jurors to discuss the case freely.
how is verdict decided
unanimously or by a majority decision of the jury.
what happens if jury cannot reach a verdict
considered a hung jury, and the case will be retried with a different jury.
What are the potential consequences of discussing jury room details outside of court
discussing jury room details outside of court can lead to punishment under the Contempt of Court Act 1981.
what is the factual test for causation
but for test
what is the legal test for causation
significant contribution test
What is the concept of ‘operating and substantial cause’ in causation
‘Operating and substantial cause’ refers to the cause that has the most significant impact in bringing about the result.
What is Novus Actus Interveniens in causation
Novus Actus Interveniens refers to a new intervening act that breaks the chain of causation.
What is the Thin Skull rule in causation
The Thin Skull rule states that the defendant must take their victim as they find them, including any pre-existing vulnerabilities.
Can a failure to act be considered a cause in causation
Yes, a failure to act can be considered a cause in causation.
