Courts Flashcards
What is the difference between the Ministry of Justice and Home Office?
Ministry of Justice: responsible for courts, probation, constitutional affairs, is also known as the Lord Chancellor
Home Office: responsible for police and national security
What are the Attorney General and Solicitor General?
Attorney General and Solicitor General: both provide legal advice to the government. The Attorney General oversees the Crown Prosecutions Service.
What is the inquisitorial system?
Based In European countries. Judge decides which witness to call and ask questions. Lawyers play a secondary role. Judges can direct police to gather evidence.
What is actus rea and mens rea?
actus rea: intention and awareness that the act committed is criminal
mens rea: physical act of committing the crime
Why are forensic psychologists useful for the criminal justice system?
Forensic psychologists provide an opinion about the probability of risk and it is for courts or tribunals to decide the acceptability of that risk
What is the ticking time bomb problem?
Coercive means may reveal information to disarm a device that otherwise could result in mass killing.. is the discomfort of the one justified in the protection of the many?
What does the Crown Prosecution Service do?
UK is a constitutional monarchy which is why we are referred to as the ‘‘crown.’’ Prosecutions are undertaken on behalf of the state in the name of the monarch by the Crown Prosecution Service. Police take cases to the crown, the crown base their decision on 2 tests: realistic prospect of success and if it’s in the public interest.
Why are forensic psychologists useful for plea bargains?
Once the decision has been made to go forward, there is another decision: do you go to court or take a plea bargain? Forensic psychologists are involved to make sure the person is mentally fit to plead. If someone’s mental health concerns outweigh the interests of justice, legal proceedings are discontinued.
What is the adversarial system?
In the UK there system is adversarial rather than inquisitorial. Lawyers present a case for/against the accused. Judge acts as an umpire and present/question.
Burden of proof
What is the burden of proof (this is used in adversarial systems)?
2 kinds of trials: criminal (beyond reasonable doubt, think the accused did do it) and civil (balance of probability, think the accused didn’t do it)
What are civil courts?
Civil courts, aka small claims court, family courts, high court and the court of appeal.
What are criminal courts?
stays in magistrates court or goes to the crown court. All criminal cases start in the magistrates court.
What is the crown court?
Most serious (indictable offences)
Judge or jury, rule by majority
deals with appeals from magistrates courts
Appeals from here go to the Court of Appeal or Supreme Court
What is the magistrates court?
Less serious (summary offences)
2/3 magistrates
No judge or jury
Most common- is often a plea
Magistrate deals with sentencing
Young people go to youth court, dealt with by magistrates
What are either way offences?
Can be dealt with by either crown or magistrates court.
Magistrates decide which
What is the crown court class 1?
Divided by 3 subsections
Class 1- most serious offences e.g. murder
High court judge
What is the crown court class 2?
Class 2- cases such as rape, heard by circuit judge under the authority of the presiding judge
What is the crown court class 3?
Class 3- includes all other offences, such as burglary
Tried by circuit judge
What is the Jury ?
12 lay people who observe the trail in the crown court and decide on the guilt or innocence of the defendant.
In the UK, this isn’t necessary
This is the most important institution according to the CJS
Provokes public sentiment
Referred to as the ‘just face of the legal system’
What is the principle of judicium Parium?
in the Magna Carta is often cited as a guarantee to the right to a trial by one’s peers
It is difficult to decide what one’s peers means
What is the legal criteria to select jurors in England?
Random election from electoral role
Aged 18-70 years
Lived in UK for 5 years since 13 years of age
Not qualified if they have mental health issues or anyone who has been in prison for more than 5 years
How does the youth system differ?
10-17 years
3 magistrates or district judge
Parent present in court
no public or jury in court
Defendant called by first name
Youth rehabilitation order has requirements e.g. curfews
Idea is to keep them out of the prison system
What is the coroners court?
Lawyers, doctors
Unnatural or suspicious deaths
They don’t indicate blame
What is the tribunals court?
Employment, health, immigration or education
