UNIT 4 Flashcards
Judicial Precedent
Where the Judge can make a law in court to apply to a particular case. This sets the precedent for other similar cases and must be consistent after it has been declared
Statutory Intepretation
Where the Judge can interpret a pre- existing law if the terminology is ambiguous or can have other meaning.
Role of Police
Make arrests if the see a crime in action
Work w/ Courts to ensure defendants attend
Can give evidence in court
Work with probation for managing release
CPS to charge and prosecute
Role of the Ministry of Justice
To oversee all the work of the agencies, ensuring it runs smoothly
Deal with legislation and guidelines for the CJS
Role of HM / Tribunal services
Contribute to law creation
Ensure safe transport of prisoners
Provide alternatives if people cannot aren’t court- including video links
Role of the Crown Prosecution Service
Advise police on charging a suspect
Appear in court- advocacy of case
Work with police to check evidence
Role of the Probation Services
Police to recall offender if needed
Overseeing those on parole
Liases with police to support released offenders
The Due Process Model
Presumption of innocence
Protecting defendants rights
Police power limited
Safeguard against wrongful convictions
‘Obstacle Course’
Left Realist Approach
The Crime Control Model
Quick disposal of cases
Zero tolerance
Rights to victims > defendants
‘Conveyer Belt’
Right Realist Approach
Rational Ideology
An idea of belief
Conscience / guilt
Guides to reach a solution
Tradition
Customs / norms to ensure conformity
Internalisation
Working out what is right / wrong based on social values
Coercion
Physical / non-violent behaviour to persuade
Threats to loss of liberty
Retribution
Punish offender on a relative level to the crime committed
Rehabilitation
Reintroduce offenders in society
Alter mindset
Public Protection
Use to society to protect from danger
Denunciation
To show that society disapproves of their behaviour
Control theories
Walter C. Reckless
Travis Hirschi
Walter C. Reckless
Inner Containment - upbringing and influence from family
Outer Containment - influence from social groups
Travis Hirschi
Attachment- to parents
Commitment - to future goals
Involvement - with social activity
Belief - in societies values
Aims of punishment
Punishment of offenders
Reduction of crime
Reform and rehab
Protection of public
Reparation by offenders
Imprisonment
serving mandatory sentences
monitoring and restrictions.
Protects public whilst in but likely to reoffend once released
Community Sentences
Combined punishment with gains for the community
Unpaid work
On the decrease
Fines
minor offences
provides deterrence
not always affective as not seen as threat
