Flashcards in UNIT 4 Deck (76):
What is statute law?
law made by Parliament
House of Commons
650 elected MPs
debate law proposals
decide on money bills on their own
House of Lords
help make and shape laws
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
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so that it is not outdated as society and social norms change over time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
What 5 things can influence the law?
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
What are the 4 types of bill?
What are the stages of the parliamentary process?
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)
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
How are the roles of the police, parliament and the courts intertwined?
parliament create the law
courts interpret the law
police enforce the law
What are the 5 main organisations involved in law making and enforcing?
What is the role of the police?
charge suspects in minor cases
serve the community
keep the peace
What powers do the police have? Where are they found?
stop and search
detain and interrogate
PACE Act 1984
What is the role of the CPS?
decide whether cases should be prosecuted
determine appropriate charges
prepare and present cases
What is the test that the CPS use and what are the two parts?
Full Code Test
1) evidential test
2) public interest test
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
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?)
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
What are the two courts that hear criminal cases?
What are 2 facts about the magistrates court?
all cases start in this court
theres always at least 1 male and 1 female magistrate
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
What are the 6 main personnel that work in the crown court?
What are the 7 stages of the crown court process?
jury sworn in
barristers give speeches
barristers cross examine witnesses
guilty verdict if beyond reasonable doubt
if guilty, judge gives the sentence
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
Who do the probation service work closely with?
What are pre-sentence reports?
give the court info on all factors about the offender so the court can make the best decision
What is the role of the sentencing guidelines council?
ensure punishment fits the crime
increase public understanding
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
What are 5 of the roles of a prison officer?
keep prisoners protected
keep the peace
maintain order (sometimes physically restrain)
prepare offenders for release
provide support to vulnerable prisoners
Who must the prison officers work closely with? when is their communication most important?
when trying to reintegrate a prisoner who has broken parole
How are parliament, courts and the police connected?
parliament make the law
courts apply the law
police enforce the law
How are the police and the CPS connected?
police send evidence to the CPS, CPS decide whether to prosecute, the police help to advise
How are the probation service, police and court connected?
help get offenders to court, assess offenders, supervise community orders
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
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
What is the main aim of the crime control model?
to maintain law and order
reduce and prevent crime using punishment
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
What is the main aim of the due process model?
respect the rights of the suspect
make the CJS fairer
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
What unit 2 theory does crime control support?
right realism (zero tolerance)
What unit 2 theory does due process support?
left realism (democratic policing)
What is social control?
procedures or rules in society to try to make people conform to society's norms and values
Name 5 examples of attempts at social control?
What is internal social control?
where you internalise and accept the norms of society
learn and adapt to society
these norms become your morals
What unit 2 theory does internal social control support?
if your ego is fully developed then you should be able to balance your needs with your morals and abide by society's rules
Who is responsible for internal social control?
teach you norms and values from a young age so that you believe they are the truth
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
What unit 2 theory does external social control support?
learning through consequences using positive reinforcement and punishment to get people to conform
Who is responsible for external social control?
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
What is the main way to achieve internal social control?
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
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
What is an ideology?
beliefs that groups/society follows that affect how they interpret the world
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
What ideology does you culture lead you to have about careers/work?
work hard=earn money
capitalist way we've been brought up in
What is rational ideology?
weighing up the pros and cons before making a decision about how you view the world
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
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
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
What is coercion?
use of force to achieve desired end
used as last resort
violent or non-violent
What does the PACE Act say about coercion?
S117 -> police must have reasonable suspicion and only use reasonable force
Name 4 informal sanction?
Name 5 formal sanctions?
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)
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
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
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
Why are ASBOs effective and not effective?
E-> restrict movement, help society feel safer
NE-> status symbol, young offenders think its cool
What do right realists believe is the cause of crime?
the underclass don't have the right role models and lack authority figures
What is right realist's solution to crime?
high external SC, zero tol, increase CCTV, high profile police
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
What is left realist's solution to crime?
democratic policing, more informal social controls, good quality jobs and housing