Crim Unit 4 Flashcards
What is the three parts of parliament?
House of commons
House of Lords
Monarch
What is the government process?
1- Green paper: public consultation
2-white paper: formal proposal
3- First reading
4-second reading
5-committee stage
6-report stage
7-third reading
8- repeate in house of Lords (ping pong)
9-royal asscent
What’s the first reading
Name of Bill and main aims read out and formal vote taken
What’s the second reading
Main debate and formal vote
What’s the committee stage
Chosen group of representatives look closely at bill to address any issues and suggest appropriate ammendments
What’s the report stage
Committee report back to full house then vote
What’s the third reading?
The final vote
What’s royal ascent?
Monarch signs the bill
What’s judicial precedent
Law made by judges in courts
Case example for judiciary precedent
Donoghue vs Stevenson
Two friends visited cade and one had bottle of ginger beer that had remains of a decomposing snail in
Woman felt ill and sued manufacturer
Court decided duty of care was owned by manufacturer
‘Neighbour principle’ this case founded the modern day law of negligence
What’s statutory interpretation?
Judges in superior courts called upon yo interpet words and phrases in a statue
What’s a statue
A law
What are the superior courts
Appeal and supreme
Case example of statutory interpretation
Whitley vs Chappell
Defendant was charged with impersonate any person entitiles to vote
Defendant pretended to be a person who was on the voters list but that person had died
The court decided he was not guilty as the person was dead therefore not “entitled to vote”
What are the CJS agencies
Police
CPS
Judiciary
Prisons
Probation
Charities & pressure groups
Police relationship eith other organisations
Courts- ensure defendants in custody are brought before them
Courts- give evidence
Probation- management of offender
CPS- work in charging and prosecution
Relationship of courts
Judicuary- contributed to law creation though judicial precedent & statutory interpretation
Police- ensure safe delivery of prisoners to court
Prison- video links to prisoner not attending court hearing
Prisons- held in court cells pending court hearing and return to Prison
Relationship of CPS
Police- advise on charging suspect
Courts- conduct advocacy of case
Relationship of prisons
Juduciary- judges set terms
Police/courts- defendants denies bail remanded to prison
Probation- prisoner release
Charities relationship
Support change
Police- Sarah’s law worked with police on disclosure lists
Prisons- prison reform Trust
What are the modes of criminal justice
Due process
Crime control
What’s the due process model
Left realism
Presumption of innocence
Promotes fairness
Promotes defendants rights
Limits official oppression (police)
Legislation should provide safeguards for fair conviction
Caring & equal society creates justice
Case that shows due process
Opposite- Colin stagg
What’s the crim control model
Right realism
Zero tolerance
Presumption of guilt
Enhance police powers
Protect rights of victims
Retribution & revenge
Quick efficient disposal of cases
Deter through detention & comviction
Case example of crime control model
Barry George
What’s social control?
Strategies preventing deviant behaviour
What are internal forms of social control
Rational ideology
Tradition/religion
Internalised social rules & morals
What’s external forms of control
Coercion- use of force
Fear of punishment
Police
What are the aims of punishment
Retribution
Rehabilitation
Deterrence
Public protection
Reparation
Denunciation
Forms of punishment
Imprisonment
Community sentences
Fines
Discharges
Prisons aims met?
Retribution- yes
Rehabilitation- yes(some cases no)
Public protection- yes
Detterence- sometimes
Community sentences meet aims?
Rehabilitation- yes
Denunciation- yes
Reparation-yes
Detterence- no?
Retribution- no
Fines meet aims?
Detterence- no
Retribution-no
Reparation- yes
Discharge meet aims?
Detterence-no
Rehabilitation-yes
Police aims?
Reduce crime
Maintain law and order
Protection of life & property
Preservation of peace
Funding of police?
Government & Council tax
Police philosophy
Honesty& integrity
Authority, respect & courtesy
Equality & diversity
Police working practices?
Response teams
Specialist roles
pcsos
CPS aims & objectives
Prosecute
Charge
Prepare
CPS philosophy
Independence& fair
Honest
Respect
Professional
CPS funding
Government
Judiciary aims
Decisions on the law
Philosophy of judiciary
Loyal to monarch
Equal
Prison aims
Punisgment
Rehabilitation
Prison funding
Tax
Philosophy of prisons
Duty of care
Humanity
Probation aims
Rehabiltiation
Support
Probation philosophy
Believe in ability to change
Social justice, inclusion, equality &diversity
Victim rights
Professional
Funding probation
Tax
What’s CPTED
Crime prevention through environmental design
Examples of CPTED
More street lights
Gated alleyways
Lack of hiding spaces
Lower bushes
Prison design?
Panopticon (all seeing) shape
Tower at centre which allows all cells in view
Visibility trap
Behavioural tactics
Token economy
Institutional tactics
Cautions
Privileges tkmaken
Money stipped
Cellular confinement
What are the limitations of achieving social control
Recidivism - SLT
legal barriers- Marxism
Access to resources
Finance
Local and national policies
Environment- Marxism
Moral imperatives- functionalism
Strengths of the Police
Have a police and crime commission-ensures services are running smoothly and holds forces accountable for their actions.
Weaknesses of the police
Institutional racism-Stephen Lawrence
Gun licensing-Puppy farm murders
Honey-trap- Colin Stagg
Examples of weaknesses in the police system.
Strengths of the CPS
Full code test-maintains consistency
Independent from the police-no bias to prosecute cases
Weaknesses of the CPS
Funding- many cases going unprosecuted or taking too long to be
Tests being inappropriately applied-Damilola Taylor
Examples of weaknesses in the CPS.
Strengths of the Judiciary
Can choose sentences (as long as guidelines are followed)
Magistrates don’t have to rely upon a jury to give a verdict
Juries in general- 12 opinions rather than one
seen as fair
Weaknesses of the Judiciary
Increasing number of appeals against lenient sentences
Inappropriate comments leading to unsuitable sentences
Jury Bias- R v Owen
Examples of weaknesses in the Judiciary.
Strengths of Prisons
Protects the public by incapacitating offenders
Acts as both an individual and general deterrent
Weaknesses of prisons
Recidivism rate is high
Prison riots
Overcrowding
Learning from other prisoners- social learning theory
Drugs
Examples of weaknesses in the prison system.
Strengths of the probation service
Deters offenders from reoffending whilst they are on probation
Curfews act as a way to protect the public during these times
Weaknesses of the probation service
Too many prisoners were released without somewhere to live
Only 1 in 98 prisoners receive a mentor
Partial privatization means the government adequately supervise the service
Examples of weaknesses in the probation service.
