UNIT 4

Question 1

What is parliament made up of

Answer 1

The monarch
The house of lords
The house of commons

Question 2

Green paper

Answer 2

Initial report to provoke public discussion

Question 3

White paper

Answer 3

Document setting out plans for legislation

Question 4

How many parliamentary stages of a bill

Answer 4

7

Question 5

First reading (1)

Answer 5

Introduces bill.

Votes if allowed to move on to the next stage.

Question 6

Second reading (2)

Answer 6

Main principles are considered.

Voted if it can be moved on.

Question 7

The committee stage (3)

Answer 7

Bill is examined in detail by small committee.

Committee reports back and whole house proposes changes.

Question 8

The report stage (4)

Answer 8

Mps consider report and debate and vote on amendments.

Question 9

Third reading (5)

Answer 9

Third reading of bill.
Final chance for debate.
No changes allowed after.

Question 10

The lords (6)

Answer 10

Bill goes to house of lords thru the same process.

Ping pong.

Question 11

Royal assent (7)

Answer 11

Bill gets royal assent.

Becomes a new law immediately .

Question 12

E.G OF BILLS

Answer 12

The criminal justice act
The crimes sentencing act
The dangerous dogs act

Question 13

Judicial precedent meaning

Answer 13

Source of law making where past decisions of judges create law for future judges to follow.

Question 14

Distinguishing

Answer 14

A precedent from an earlier case is only binding if it has similar case facts.

Question 15

Overruling

Answer 15

A higher court states that a legal decision in an earlier case is wrong and it is overruled.

Question 16

The literal rule

Answer 16

Judges should use ordinary meaning of words in the statue. However one issue is that a word can have many meanings.

Question 17

The golden rule

Answer 17

Sometimes the literal rule can have absurd results and the golden rule allows the court to modify the literal meaning.

Question 18

The mischief rule

Answer 18

Allows the court to enforce what the statue was intended to achieve rather than what the words actually say.

Question 19

The criminal justice system

Answer 19

Creates and administers laws.
Enforces laws.
The courts.
Punishment of convicted offenders.

Question 20

Law creation agencies

Answer 20

Parliament passes acts.

Judges create laws by setting judicial precedent.

Question 21

The police

Answer 21

Enforce the law

Question 22

The crown prosecution service

Answer 22

Advises police in their investigations about inquiries and evidence needed.
Assesses the evidence submitted.
Decisions are based on the full code test.
Prepares and presents the prosecution case.

Question 23

The courts

Answer 23

Magistrates and crown court.
Have the prosecution charging the defendant.
The jury decides the verdict.
The judge decides the sentence.

Question 24

HM prison and probation service

Answer 24

HM prison service - supervises offenders in custody.

The national probation service - supervises offenders who are serving their sentences on probation.

Question 25

The police have relationships with…

Answer 25

The courts - giving evidence of prosecution witnesses. Provide protection for vulnerable witnesses. The CPS - providing evidence for the prosecution of offenders. Charging offenders. HM prison and probation - police arrest prisoners who breach probation. Voluntary organisations - referring victims and witnesses to victim support.

Question 26

The CPS have relationships with…

Answer 26

The police - advising on possible lines of enquiry and evidence collection. The courts - charge and present prosecution cases.

Question 27

Government departments have relationships with…

Answer 27

The courts, prison and probation services. | The police

Question 28

HM courts and tribunals have relationships with…

Answer 28

Courts and judges - supervising the efficient running of court systems. HM prison sentence - holding prisoners attending court.

Question 29

The national probation service have relationships with…

Answer 29

HM prison service ans parole board. | The courts - prepare pre sentencing reports on offenders.

Question 30

HM prison service has relationships with…

Answer 30

The courts - carrying out custodial sentences. The police - facilitating interviews with prisoners. The national probation service - liaising when a prisoner is to be released on probation.

Question 31

The crime control model

Answer 31

Crime is a threat to peoples freedom so the aim is to suppress crime. Starts from a presumption of guilt. Police should be free from necessary legal technicalities that prevent investigation. Argues that is a few people are convicted by mistake it is a price worth paying for convicting large groups. Links to right realism (zero tolerance) and functionalism (Durkheim’s functionalist theory that punishment reinforces society’s mora boundaries) Emphasises rights of society and victims to be protected from crime rather than rights of suspect.

Question 32

The due process model

Answer 32

Power of state is biggest threat to individuals freedom. Protect the accused from oppression by state. Presumption of innocence. Less faith in polices ability to investigate. Guilty sometimes go free on technicalities. Argues that this is less evil than convicting innocent. Emphasises rights of accused rather than victims or society. Linked to labelling theory and left realism (oppressive militaristic policing of poor areas triggers confrontations and makes residents unwilling to help police)

Question 33

Miscarriages of justice

Answer 33

Collin stagg - Honey trap trick - falsely convicted of murder of Rachel Nickell. Sally clark - wrongly jailed for death or 2 baby sons.

Question 34

Internal forms of social control

Answer 34

Controls over our behaviour that come from within ourselves. (Self-control) Moral conscious or superego - Freuds psychoanalytical theory. Tradition and culture. Internalisation of social rules and morality.

Question 35

External forms of social control

Answer 35

Agencies of social control - E.G parents. The criminal justice system - the police powers of stop and search, arrest or detain. The cps powers to charge a suspect and prosecute. Coercion. Fear of punishment.

Question 36

Control theory - Hirschi

Answer 36

The individuals bond to society has four elements: - attachment - the more we are to others the more we cate about their opinions. - commitment- how committed we are to conventional goals. - involvement - more we are in law abiding activities the less time we have for criminal ones. - beliefs - different beliefs say different things are good and bad. Parenting - role of parenting creates bond that prevent young people from offending.

Question 37

Aims of punishment

Answer 37

Retribution - expressing societies outrage. Rehabilitation- making offenders change their behaviour. Deterrence - discouraging future offending. Public protection Reparation - making good from harm caused.

Question 38

Retribution

Answer 38

Linked to right realist theory such as rational choice. However it can be argued that offenders deserve forgiveness. It can also be argued that we don’t know what is just right or proportional to crime committed.

Question 39

Rehabilitation

Answer 39

Linked to individualistic theory such as eysnecks personality theory, cognitive theory and skinners operant learning theory. Criticisms: Right realists argue that rehabilitation only limited success. Marxists argue that it doesn’t focus on how capitalism causes crime.

Question 40

Deterrence

Answer 40

Linked to right realism such as rational choice theory and situational crime prevention strategies. Criticisms: Little evidence that boot camps reduced youth offending. Assumes offenders act rationally.

Question 41

Public protection

Answer 41

Linked to biological theories such as Lombroso. Criticisms: Incapacitation leads to longer sentences and long term warehousing of offenders.

Question 42

Reparation

Answer 42

Links to labelling theory. Criticisms: Reparation may not work on all types of offences.

Question 43

The police (effectiveness of achieving social control)

Answer 43

``` Specialist policing. Offences of public concern. Inefficiency. Dropped cases. Racism and bias. ```

Question 44

The CPS (effectiveness of achieveing social control)

Answer 44

Evidence of success - around 80% dependents convicted. Lack of effectiveness - lack of social control by prosecutions. Lack of evidence disclosure. “Too close with the police” - bias

Question 45

The Judiciary (effectiveness of achieveing social control)

Answer 45

Media images of the judiciary - seen as old white men (mainly right) - gender bias and are out of touch. The unduly lenient sentencing scheme - if sentence seems too lenient court of appeals will appeal.

Question 46

The Prisons (effectiveness of achieveing social control)

Answer 46

``` Staff cuts. Overcrowding. Drugs epidemic. Security. Safety within prisons. ```