CRIM PAST PAPER Qs (YEAR 2) Flashcards
What are some aims or objectives of the CPS?
- To prosecute offenders
- To bring about justice
- To be independent, fair, open (transparent) and honest
- To treat everyone with respect
What is the source of the funding of the CPS?
Taxation
What are types of court in the criminal justice system in England and Wales?
Magistrates’ Court
* Crown Court
* High Court
* Court of Appeal
* Supreme Court
What is the governmental (parliamentary) process for making laws
Green paper – a consultative stage.
* White paper – where formal proposals are set out.
* A Bill enters Parliament – into either the House of Commons or the House
of Lords.
* several stages for a Bill to pass through each House:
1) First Reading
2) Second Reading
3) Committee Stage
4) Report Stage
5) Third Reading
- When both Houses have agreed and voted on the Bill, Royal Assent is
needed before the proposals become an Act of Parliament (and thus law).
Identify two non-governmental (non-parliamentary) process of making law
- Statutory interpretation
- Judicial precedent
What is the relationship between the police and the courts in England and Wales?
- Not an equal relationship- court has power over the police
- Court can require police to attend and give evidence
What is an example of two models of justice the CPS may follow when prosecuting criminal cases?
1) Due process model
2) Crime control model
Key facts of the due process model
- Promotes a fair trial
- The rights of the defence are prioritised
- Seen as a model which allows the defendant the time to prepare their defence
- Influenced by left realism
Key facts of the crime control model
- Promotes quick and efficient justice, similar to a conveyor belt.
- The most important aspect of this model is to seek a conviction and promote crime reduction
- Promotes the rights of victims and an increase in police powers
- Influenced by right realism
Aim of punishment:
Deterrence
- The fear of being caught and punished may deter people from committing crime
- For example, prison acts as a sent
Aim of punishment:
Retribution
- To pay back and involves inflicting a punishment on an offender as vengeance for wrong or criminal act
- It’s a backwards- looking aim because it does not aim to change future behaviour nor does it encourage him to rehabilitate
- Retribution is linked to the Right realist theory of criminality.
Aim of punishment:
Incapacitation (protection of the public)
- This aim sees punishments serving a useful purpose for society. It refers to the use of punishment to remove the offenders physical capacity to offend again
Aim of punishment:
Rehabilitation
- The goal of reform or change offenders so they no longer offend and can go on to live a crime-free life
- Unlike retribution it is a forwards-looking aim with a hope that the offender’s behaviour will be altered and they will not reoffend.
Who founded MET police?
Sir Robert Peel founded MET police in 1829, the first police force in Britain
What is Peel’s philosophy of MET Police
- Basic mission of the police is to prevent crime + disorder
- performing their duties depends on public cooperation and approval
- physical force= last resort
- police duty is to impartially serve the law
- police=pubic, public=police. police= citizens in uniform upholding law like citizens
- MET = servants of public
What does the Police Code of Ethics stress?
That the police are public servants who need to maintain the respect and support of public to perform their duty.
What are the aims of police?
- Keep the peace and maintain order
- Protect life and property
- prevent , detect and investigate crime
- Bring offenders to justice
What majority of power comes under the Police and Criminal Evidence Act 1984?
Their powers to:
-stop
- question
- search
- arrest
- detain in a police station
- interview member of public
Through what act are police powers given under?
Police and Criminal Evidence Act 1984
What act mentions deterrence as an aim of punishment?
Section 57 Sentencing Act 2020 mentions deterrence as an aim of punishment.
How can a ‘community order’ achieve ‘retribution’ as aim of punishment?
- restriction of liberty
- can be seen as an offender receiving their just deserts
- revenge is served due to offenders negative impact on society which restricts freedom
- working for free in community
- however, retribution may not be felt as its a non-custodial sentence
How can a ‘community order’ achieve ‘incapacitation’ as aim of punishment?
- restrictions on where offender goes and who they associate with
- however, may still be opportunities for further crime, therefore less effective when protecting public
How can a ‘community order’ achieve ‘rehabilitation’ as aim of punishment?
- community order can provide direction and rehabilitate offender as member of society + live crime free life
- however, rehab may not be achieved as offender can offend during or after the order.
Statistics for community sentences
- ## Ministry of justice study: 34% re-offend within 12 months of starting community sentences