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Flashcards in UNIT 4 Deck (76):
1

What is statute law?

law made by Parliament

2

House of Commons

650 elected MPs
green seats
debate law proposals
decide on money bills on their own

3

House of Lords

unelected
have experience
825 members
red seats
help make and shape laws

4

The Monarch

has to sign off the law or it can't become an act
always tends to say yes
last refusal in 1707
called royal assent

5

Why does the law need to change?

so that it is not outdated as society and social norms change over time
some laws need to be reviewed as they are rushed or worded incorrectly

6

What 5 things can influence the law?

Law Commission
Pressure Groups
Political Influence
Public opinion/media
Lobbying

7

What are the 3 stages of the pre-legislative process?

Green Paper - initial proposal for the new law with reasons for it
White Paper - firmer policy for the new law, this proposal forms the basis for the bill
Draft Bill - made after consultation, written up by parliamentary draftsmen, making the law easier to understand

8

What are the 4 types of bill?

public
private members
private
hybrid

9

What are the stages of the parliamentary process?

first reading
second reading
committee stage
report stage
third reading
other house
ping pong
royal assent

10

What is original precedent?

where a point of law has not been considered before so the judge is able to create law that all future cases of the same nature have to follow (called a judicial precedent)

11

What is judicial review?

takes place in the high court
reviews decisions and actions taken in court
checks if procedures have been followed
challenges the way that decisions are made rather than trying to overturn the conclusion of the case

12

How are the roles of the police, parliament and the courts intertwined?

parliament create the law
courts interpret the law
police enforce the law

13

What are the 5 main organisations involved in law making and enforcing?

police
CPS
courts
parliament
probation service

14

What is the role of the police?

investigate crime
charge suspects in minor cases
serve the community
keep the peace

15

What powers do the police have? Where are they found?

arrest suspects
stop and search
detain and interrogate
take samples
PACE Act 1984

16

What is the role of the CPS?

decide whether cases should be prosecuted
determine appropriate charges
prepare and present cases

17

What is the test that the CPS use and what are the two parts?

Full Code Test
1) evidential test
2) public interest test

18

What is the evidential test?

there must be sufficient relevant an reliable evidence for the case to pass this test (e.g. DNA match, not blurry CCTV footage)
if this stage isn't passed then the case is dropped

19

What is the public interest test?

go through 7 questions to ensure that theres a "realistic prospect of conviction" (e.g. was the suspect under 18? how serious was the offence?)

20

What are the 3 types of offences?

summary - least serious minor offences e.g. petty theft, heard in the Magistrates Court

triable either way - middle range crimes, either court, e,g, burglary, ABH, theft

indictable - most serious offences, crown court, e.g. murder, rape

21

What are the two courts that hear criminal cases?

1) magistrates
2) crown

22

What are 2 facts about the magistrates court?

all cases start in this court
theres always at least 1 male and 1 female magistrate

23

What is the role of the magistrates?

deal with mostly summary and some triable either way offences, max sentence 6m or £5000, sit in 3's, volunteers, minimum of 26 half days per yr

24

What are the 6 main personnel that work in the crown court?

judge
jury
prosecution
defence
defendant
witness

25

What are the 7 stages of the crown court process?

jury sworn in
barristers give speeches
barristers cross examine witnesses
closing speeches
jury retire
guilty verdict if beyond reasonable doubt
if guilty, judge gives the sentence

26

What are the four main parts to the role of a probation officer?

provide info on offenders when appearing in court
assess offenders who are due in court
write pre-sentence reports to help the judge decide
supervise community orders and post-release licenses

27

Who do the probation service work closely with?

police
courts

28

What are pre-sentence reports?

give the court info on all factors about the offender so the court can make the best decision

29

What is the role of the sentencing guidelines council?

ensure consistency
ensure punishment fits the crime
increase public understanding

30

What two types of factors can affect the sentence?

aggravating -> increase sentence, such as use of a weapon, planning, vulnerable victim
mitigating -> decrease sentence, such as showing remote, helping the police, timing of guilty plea

31

What are 5 of the roles of a prison officer?

keep prisoners protected
keep the peace
assess prisoners
maintain order (sometimes physically restrain)
prepare offenders for release
provide support to vulnerable prisoners
write reports
security checks

32

Who must the prison officers work closely with? when is their communication most important?

probation service
when trying to reintegrate a prisoner who has broken parole

33

How are parliament, courts and the police connected?

parliament make the law
courts apply the law
police enforce the law

34

How are the police and the CPS connected?

police send evidence to the CPS, CPS decide whether to prosecute, the police help to advise

35

How are the probation service, police and court connected?

help get offenders to court, assess offenders, supervise community orders

36

How are prisons and the probation service connected?

work to transport prisoners
get offenders back into prison when they break parole
make sure offenders on license don't break conditions

37

How do the courts work with other legal professions?

the CPS prepare the papers for court
probation service right pre-sentence reports
prison officers escort offenders to and from court

38

What is the main aim of the crime control model?

to maintain law and order
reduce and prevent crime using punishment

39

What does the crime control model believe?

those found guilty should be pursued regardless of rules
strict rules are necessary in society
police powers should be extended
assembly line - convicting offenders more quickly
victims rights are priority

40

What is the main aim of the due process model?

respect the rights of the suspect
make the CJS fairer

41

What does the due process model believe?

innocent until proven guilty
make sure the police abide by PACE
protect the rights of the defendant
series of safeguards (obstacle course) protect innocent
only found guilty when beyond reasonable doubt

42

What unit 2 theory does crime control support?

right realism (zero tolerance)

43

What unit 2 theory does due process support?

left realism (democratic policing)

44

What is social control?

procedures or rules in society to try to make people conform to society's norms and values

45

Name 5 examples of attempts at social control?

government
laws
police
religion
parents/family
peer pressure
emotions

46

What is internal social control?

where you internalise and accept the norms of society
learn and adapt to society
these norms become your morals

47

What unit 2 theory does internal social control support?

freud (psychodynamic)
if your ego is fully developed then you should be able to balance your needs with your morals and abide by society's rules

48

Who is responsible for internal social control?

parents/family
teach you norms and values from a young age so that you believe they are the truth

49

What is external social control?

efforts in society to bring people back in line with norms and values
using a system of sanctions to help people conform

50

What unit 2 theory does external social control support?

operant conditioning
learning through consequences using positive reinforcement and punishment to get people to conform

51

Who is responsible for external social control?

police
government

52

Which type of social control has the most impact?

internal -> if you are taught that crime is okay, then you will still commit crime no matter how severe the punishment is

53

What is the main way to achieve internal social control?

socialisation

54

What are the 2 types of socialisation?

primary -> first stage, between 0-5yo, through family
secondary -> throughout life, ongoing, lots of agents such as school, laws, religion, peers

55

What would right realists say about proper socialisation?

poor socialisation is the cause of crime
the underclass lack self control and struggle to be law-abiding

56

What is an ideology?

beliefs that groups/society follows that affect how they interpret the world

57

What ideology does your culture lead you to have about education?

that everyone should have the opportunity
not a choice until 18
after 18 it should be a choice that everyone makes

58

What ideology does you culture lead you to have about careers/work?

work hard=earn money
capitalist way we've been brought up in

59

What is rational ideology?

weighing up the pros and cons before making a decision about how you view the world

60

How does socialisation allow us to make a rational choice?

we create our own set of morals (ideology) through socialisation
if we have the right morals then when weighing up the pros and cons we would not commit crime because we know its wrong

61

How can traditions become a part of your internal social control?

they become part of your normal everyday life so become a norm to you

62

How can traditions relate to crime?

traditions can be given the same informal sanctions as crime such as shame and rejection/isolation
by being brought up in gang environments, crime could be right in your view

63

What is coercion?

use of force to achieve desired end
used as last resort
violent or non-violent

64

What does the PACE Act say about coercion?

S117 -> police must have reasonable suspicion and only use reasonable force

65

Name 4 informal sanction?

being grounded
unfriended
phone confiscated
bad mouthed

66

Name 5 formal sanctions?

ASBOs
probation
community sentence
fines
prison sentence

67

Why is prison effective and why is it not effective?

E-> takes freedom and restrains the inmates
keeps them away from the public
rehab within prison
NE-> drugs flown in using drones
doesn't effect recidivism
overcrowding (86200 inmates)

68

Why are fines effective and not effective?

E-> deters poorer people (proletariat) who can't afford it
NE-> richer people won't be affected, high rate or non-payment of fines

69

Why is the death penalty effective and not effective?

E-> makes people afraid of the consequences (coercion)
NE-> easy way out, people still commit crime unafraid

70

Why are community sentences effective and not effective?

E-> being banned, tagged or curfew could reduce crime
NE-> soft option (holiday camp), criminal label in society

71

Why are ASBOs effective and not effective?

E-> restrict movement, help society feel safer
NE-> status symbol, young offenders think its cool

72

What do right realists believe is the cause of crime?

the underclass don't have the right role models and lack authority figures

73

What is right realist's solution to crime?

high external SC, zero tol, increase CCTV, high profile police

74

What do left realists believe is the cause of crime?

relative deprivation-> deprived compared to others
marginalisation-> feeling isolated
subcultures-> groups sharing a sense of the above

75

What is left realist's solution to crime?

democratic policing, more informal social controls, good quality jobs and housing

76

What is restorative justice?

a way of the victim and the offender communicating
offenders can try to make amends
gives the victim a voice in the criminal proceedings