week 7 Flashcards
(28 cards)
is the cjs in England and Wales adversarial or inquisitorial
adversarial
what does it mean for an offence to be statutory
it derives from legislation passed down from parliment
an example of a criminal offence that is still on common law
murder
the was the offence against a persons act passed
1861
what is procedural criminal law
these laws empower and constrain law enforcement agencies
they specify the powers available for the police
what are the 3 key procedural laws
Police and criminal evidence act (pace) (1984)
criminal procedure and investigations act (1996)
regulation of investigatory powers act (2000)
when was PACE established
1984
what does pace aim to do
establish a balance of power and ensure that evidence is accepted in court
covers all the police powers
what is the most important section of PACE
section 78 - evidence that has been obtained by unfair means the court may refuse
what is the main law enforcement agency
the police
who prepares and presents a case for trial at both mag and crown courts
The crown prosecution service
what system do we adopt in the uk for trialing
The adversarial system
what are the key components to the adversarial system
innocent till proven guilty
competition between defence and prosecution
impartial judge
jury or magistrate decide guilt
accused has the right to remain silent
When was the murder of Rachel Nickell
1992 - sexual assault and murder
How man y times was Rachel nickel stabbed
49 times
what kind of criminal law offence is murder
substantive
what can contribute to a lesser sentence if you murder someone
You need to be of sound mind and not suffering from a serious mental illness
This would be called diminished responsibility
is media a building block of the cjs
No but it plays a significant role in how we think about crime
what was the media coverage and headline like for Rachel
Beauty slain by Beast
extensive media coverage
how many men were in connection to the Rachel nickel case
14 men were arrested and all released
who were the police convinced killed Rachel Nickell
Colin Stagg
what did psychologists use to link stage to the nickell case
offender profiling
what was the covert operation code named (stagg)
Operation Ezdell
who was the forensic psychologist on the operation ezdell case
Paul britton
