Rights and Responsibilities Flashcards
(44 cards)
What is justice?
A behaviour or treatment that is morally fair. Different countries can have different opinions about what justice is.
What is fairness?
Treating people equally and according to the circumstances.
What is the presumption of innocence?
Someone is innocent until proven guilty in court. The jury must find a defendant guilty before they are treated as a criminal.
Which organisation decides if a case goes to court?
The Crown Prosecution Service. They will only refer cases that they think they will win.
What are the 3 powers of the police?
Stop and search, arrest, and entry search and seizure.
Why is stop and search controversial?
Black men are up to 10 times more likely to get stopped and searched in the UK compared to white men. This shows that there is racial bias within stop and search.
What is an example of institutional racism within the police?
Stephen Lawrence was an 18-year-old black teenager who was murdered in a racist attack in 1993. The police investigation into his death was full of mistakes and failures, with important evidence being ignored, partly because the police treated the case poorly due to racial prejudice.
What rights do citizens have when they are arrested?
To remain silent, to know why they have been arrested, a phone call, a lawyer, food and water, medical care.
What is the difference between criminal law and civil law?
Criminal law deals with people who break the law. Civil law deals with disputes between people or organisations.
What are some examples of civil law cases?
M&S VS Aldi - M&S took Aldi to court for copying their Colin the Caterpillar cake. Apple VS Samsung - Apple took Samsung to court for creating a tablet very similar to the iPad.
Who are Special Constables?
Members of the public who volunteer to take on police duties on a part-time basis. They will conduct local patrols and take part in crime prevention activities.
What is the Judiciary?
The system of courts and judges in the UK.
What is the jury?
12 random people picked from the electoral register. They listen to a court case and decide on the verdict.
What is the role of a judge?
Keep order in the courtroom. Explain the law to the jury. Decide on the sentence.
What is statute law?
Also known as legislation. Law created in parliament. These laws are called Acts.
What is common law?
Law that is created by judges. It can be changed and adapted over time.
What is the difference between a magistrates court and a crown court?
Magistrates is a low level criminal court. All criminal cases start here. 5% of the most serious cases are referred to a Crown Court. A Crown Court has a jury.
What are aggravating and mitigating factors?
Aggravating factors make the sentence worse. Eg: violence during arrest. Mitigating factors make the sentence less harsh. Eg: Pleading guilty, or first time offence.
What is a custodial sentence?
A prison sentence.
Give 3 examples of non custodial sentences?
Fine, community service, rehabilitation.
What are 3 purposes of sentencing?
Protection of the public, punishment, and rehabilitation.
What evidence is there for prison not working?
High rates of reoffending. In 2022, 37% of people released from prison reoffended within 12 months.
What court are teenagers seen in?
Youth Court. It is less formal than a crown court.
What is the age of criminal responsibility?
- The James Bulger case, when two ten year olds abducted and killed a toddler, caused the criminal age of responsibility to be lowered.