Courts Flashcards
What is indictment
formal charge or accusation of a serious crime
What is the difference between the ministry of justice and the home office
Ministry of Justice: responsible for courts, prisons, probation and constitutional affairs
Home office: responsible for police and national security
Which two tests is the decision to prosecute based on?
1) realistic prospect of success (is it a waste of money? will we win?)
2) public interest (will this benefit the public?)
What is a plea bargain?
defendant receives lesser charge in exchange for admittance of guilt
arrangement between prosecutor and defendant where the defendant pleads guilty to a lesser charge to receive a lesser sentence, or to have the charges dropped
if plea bargain cannot come to agreement, trial occurs
How are forensic psychologists involved in plea bargains?
to make sure that the person is mentally fit to plead – no one test exists for this
legal proceedings can be discontinued if someone’s mental concerns outweigh the interests of justice
What is trial?
contest in which lawyers present a case for/against the accused, and engages in cross examination
judge acts as umpire to presentation and questioning
responsibility is on prosecution to present compelling case demonstrating guilt
system is adversarial/accusatory rather than inquisitorial
What is the burden of proof?
criminal = beyond a reasonable doubt (person is definitely guilty)
civil = balance of probability
What is the inquisitorial system?
Judge has greater role in calling witnesses and asking questions, lawyer is secondary, judges acts as investigator and can direct police to gather evidence
Not used in UK
Which courts hear civil matters?
County courts (small claims courts)
What courts hear criminal matters?
1) Magistrates court
2) Crown court
3) Court of appeal/Supreme Court
4) Either way
What is the magistrates court?
- 2 or 3 magistrates or a district judge, no jury
- less serious, summary offences (e.g., motoring, criminal damage)
- most often there is a plea, which the magistrates deal with
What is the Crown Court?
- Judge and jury
- deals with appeals from magistrates court
- serious, indictable only offences (e.g., murder)
- Appeals here go to court of appeal, then to supreme court
What is either way?
- as it sounds, can be dealt with in either court, decided by magistrates (e.g., assault, burglary)
What are the three classes of severity in the Crown court?
1) most serious, e.g., treason, murder, normally heard by high court judge
2) offences which include rape, usually heard by circuit judge under authority of presiding judge
3) includes all other offences, normally tried by circuit judge or recorder
What is the Jury, and what is their role?
- 12 lay people who observe trial in crown court
- decide on guilt or innocence of defendant
- selected from electoral role
-18-70 years old, and have lived in the UK for at least 5 years, since 13 y/o
What is the issue with the Jury system
They are said to be incredibly important, however their role is overstated. In England and Wales, 2% of criminal cases are put before a jury
what is the youth justice system? how does it differ from the adult justice system?
- Youth court
- 10-17 years old
- Less formal, can be 3 magistrates or a district judge
- Guardian present
- No jury
-No members of public - Defendant called by first name
- Youth rehabilitation order has 1 or more of 18 requirements (e.g., curfew, supervision, unpaid work, etc
What is the coroners court?
coroners are doctors/lawyers who look into violent/unnatural deaths, deaths in prison, and sudden deaths
they do not indicate blame
What are tribunals?
- Courts of law dealing with employment, health, education, immigration
E.g., issues of inequality in hiring and workplace
what is actus and mens rea?
mens rea = intention and awareness that the act to be committed is criminal
actus rea = physical act of committing the crime
what were the typologies of Kienlen et al 1997?
divided stalkers into 2 groups:
psychotic = more likely to visit homes of victims, less inclined to surveillance victim
non psychotic = verbal threats, higher risk of assault, possessed weapons at time of stalking
evaluate Kienlen’s study (psychotic and non psychotic)
+ helps mental health professionals prepare for court evaluations
+ helps lawyers understand issues of criminal responsibility
- ignores stalking motivation/choice of victim, which can be used to predict violence and nature of stalking
