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Criminology > Crime unit 4 booklet 1 > Flashcards

Crime unit 4 booklet 1 Flashcards

1
Q

What 3 parts is parliament made up of

A

House of commons
House of lord
Monarch

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2
Q

What are members of the house of lords called

A

Peers

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3
Q

How many people are there in the house of lords

A

800

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4
Q

What is life peers

A

Their title wont be passed onto their own children

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5
Q

What are the lords main Job

A

That they have to ‘double check’ the law

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6
Q

how do you become a common

A

they are elected by representatives of the people

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7
Q

How many members are there in parliament

A

650 members

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8
Q

How do MPs get elected

A

general election to represent a constituency

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9
Q

What is green paper

A

Initial report to provoke publish discussion of the subject. Normally has questions for interested individuals and organisation ns to respond to

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10
Q

what is white paper

A

After consultation government post a document setting out their detailed plan for legislation. Often includes a draft version of the bill they intend to put before parliament

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11
Q

What are the two types of bill

A

Private and public

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12
Q

What is first process in creating a law

A

The written proposal of new bill

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13
Q

What is a government bill

A

Sponsored by the government

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14
Q

What are private members bill

A

sponsored by private members/ individuals

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15
Q

Why are the government bills priority and passed by parliament

A

they have majority in house of commons and win the vote easier

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16
Q

What is the consultation stage

A

Opinion on lots of other peoples

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17
Q

When adding the drinks law

A

Pubs, clubs, police and ambulance services

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18
Q

What is the first reading of the bill

A

Bill had to be read out to everyone so people could think about how they want to vote and allows people to know what’s coming into discussion

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19
Q

What is the second reading of the bill and why is it more important

A

they debate discuss answer questions and vote on the bill

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20
Q

What is the committee stage

A

Separate part of the committee is created for the every bill and that have the discussion on it

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21
Q

What is the report stage

A

Gives the house of commons discuss the bill with all the changes and see if they still want to proceed

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22
Q

how does the committee stage in the house of lords differ from the commons

A

everyone reads every line instead of a small group of people

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23
Q

What happens to the bill if the lords want to make changes to it

A

It gets sent back to the commons and they do a sort of “ping pong” until they are both happy

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24
Q

When both the lords and commons are happy with the outcome where does it go

A

To the current ruling monarch

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25
Q

What is one of the major reason that the monarch should allow the bill to be passed

A

Due for the fact that it went through the house of commons it means that the majority of people voted for it and so its the voice of the people

26
Q

Give and explain an example of when the government bill was blocked by the commons

A

The bill of hunting and wanting to change the times that they could keep suspected terrorist, They wanted it to go from 14 days to 90 days and lost the vote in commons

27
Q

What is the third reading

A

Final chance for the commons to debate the bills contents. No amendments can be made. The bill is voted for to see if it pass or it to be rejected

28
Q

What is the criminal justice act (2003)

A

Changes in double Jeopardy rule. Following Ann Mings successful campaign the Macpherson report on the murder of Stephen Lawrence, The change allows the killer of Ann Ming’s daughter and one of the suspect in the killing of Stephen Lawrence to be tried a second time (they both got convicted)

29
Q

What is the crime (sentences) Art (19970

A

Mandatory minimum sentence for a range of repeat offenders, such as automatic life sentences for second serious sexual or violent offences

30
Q

The dangerous Dog act (1991)

A

Most legislation involves detailed scrutiny and usually takes months to become law. Act was rushed through parliament in just a few weeks due to the media-led panic. This meant many flaws like it “blamed the breed not the deed”. Most attacks are not committed by four breeds banned.

31
Q

What is Judicial precedent based on?

A

Principle of standing and following what judges have decided in previous cases

31
Q

What does Judicial precedent mean for cases heard today

A

Judges follow decision made in previous ones. Treating cases in the same way creates certainty, consistency and fairness in legal system

31
Q

What has Judicial process be known as common law

A

Law of the land has developed from the following decisions made it earlier cases so helped create a single set of laws common to the whole country

32
Q

What is Distinguishing

A

If the judge finds the fact the present case are diffrent enough from an earlier case means they can act different and not follow precedent from earlier case

32
Q

How does the court hierarchy affect law

A

decisions taken in case by higher court automatically creates an original or binding precedent for lower courts.

32
Q

What is over ruling

A

When a court higher up the hierarcht states that a legal decision in an earlier case is wrong and overturns it. (Supreme court can overrule lower courts decisions when it hears an appeal)

33
Q

How does overruling get exampled by the laws on marital rape?

A

A husband can be convicted of attempt of raping his wife. He appealed on the grounds that there was a centuries-old precedent that a husband couldn’t be guilty of raping his wife because the marriage contract gave his wife irrevocable consent to sex.
court appealed this on the grounds that the idea of irrevocable consent was unacceptable today because a couple are now seen as equal partners in marriage

34
Q

Literal rule is what

A

Everyday ordinary meaning of a words in a statue. However one problem with this method is the word has different literal dictionary meanings

35
Q

What is an example of literal rule

A

R V Magennis (1987) a case involved illegal drugs different meaning in the word ‘Supply’

36
Q

What is the golden rule

A

Sometimes the literal rule can lead to an absurd result and the golden rule allows the court to modify the literal meaning to avoid this

37
Q

What is an example of the golden rule

A

Oddicial secrets act (1920) it was offence to obstruct her majestys forces in the vincity of (i.e near) a prohibited place, such as navel base. In the Alder V george (1964) Alder argued that the law wasnt broken due to him not literallt in the vicinity of a prohibited place, but was actually in it. the court chose to apply the golden rule to avoid an absurd result.
Alder was convicted.

38
Q

What is the mischeif rule

A

Allows court to enforce what the statue wa sintended to achieve rather than what the words actually say

39
Q

What is an example of a mischeif rule

A

Licensing Act (1872) makes it an offence to be drunk in a ‘carriage’ on the highway. In Corkery V Carpenter (1951). Corkery was found guilty even though he had been in charge of a bicycle, not a carriage. Court used mischeif rule to convict him, with the argument that the Act purpose was to prevent people from using ant form of transport drunk on the highway

40
Q

What are the advantages of literal rules

A

That it doesn’t offend the separation of powers, highlights faulty legislation to la-makers, offers certainty

41
Q

What are some disadvantages of literal rules

A

Can produce absurd results, simplistic in way it looks at language, experts to much parliament

42
Q

What was cheesman caught doing and why was he left off.

A

He was caught exposing himself to 2 police officers in a public toilet. This meant that he got charged under section 28 of the police town clause act 1847 with “wilfully and indincity”
This means that by applying the literal rule the police werent classed as ‘passengers’ since that meant ‘passer by’ in the context of language used at time act was written.

43
Q

What happened to Berriman and why did his family fail to get compensation

A

Was hit and killed by a train whilst oiling points along the railway. The fatal accidents act 1864 means someone should have been with him as a lookout
Due to oiling points were only ‘maintaining’ and not ‘repairing’ it as the statue specifically required so the family was not entitled to any compensation.

44
Q

In whitely v Chappel what had the appellant done and why did the court find the appellant not guilty

A

The appellant had two votes in an election due to pretending to be someone who had died and was still on electoral register
The court had to consider ‘any person entitled to vote’ within poor law, Although dead cant vote the appellant clearly could not have impersonated someone who is ‘entitled to vote’ within the act.

45
Q

What is the narrow approach

A

Choosing the meaning where the words is ambiguous

46
Q

What is the wide approach

A

Where the court ignores the literal meaning

47
Q

What are the advantages of Golden rule

A

Provides an escape route for me courts, can be seen as following true intention of parliament judges still cannot change intention of parliament - just correct errors

48
Q

What are disadvantages of the golden rule

A

No guidance on how and when to use the rule, holds parliament over high standers, could arguably be against separation of powers.

49
Q

In the R V Allen (which used the narrow approach of the golden rule) why did the court decide on second definition of marriage?

A

Court called upon the examine wordings of Section 57 of the offences against the person act 1861 - “Whoever, being married, shall marry any other person during the lifetime of the former husband or wife (there have been no divorce)… shall be liable.
Due to the term marriage having different ideas (legally or through the ceremony) the court choose the second meaning since the first meaning meant nobody could be convicted. If marrying twice under the act is illegal then nobody could get married twice

50
Q

In Adler V George what was the importance of the phrase ‘in the vicinity of’?

A

Due to him being inside of it. Meaning that he was following the rules.

51
Q

Why did the court ‘re-write’ the act of parliament in the Sigsworth case?

A

Sons murder his mother who had left a will. Under the administration of justice act 1925 the mother estate auto pass to her son.
No ambiguity in the words of the act but how could the court allow murder to benefit wider approach to the law used and the court effectively rewrite the act of parliament

52
Q

What are some advantages of the mischief rule

A

Allows an escape route and improve on the law. gives effect to parliament true intention

53
Q

What are some disadvantages of of the mischief law

A

Rule is old, law is more complex today less extrinsic aids available for older acts

54
Q

why was the mischief rule used in Corkery V Carpenter

A

defendants caught using a bicycle drunk and argued that due to not being a carriage it was good enough to get away with

55
Q

Why was the mischief rule used in Smith V Hughes

A

Prostitution changed under the street defences act 1959 for littering or soliciting “in a street or public place for the purpose of the persecution”
Prostitution was mischief law was trying to predicate the prostitutes weren’t on public land and inviting people of the street

56
Q

What is the purposive approach

A

Courts attempt to find the broader purpose behind a piece of legislation rather than just the meaning of its word

57
Q

What are the advantages of purposive approach

A

gives the parliament true intentions, uses a lot of extrinsic aids, avoids absurd and harsh outcomes

58
Q

What are disadvantages of the purposive approach

A

Offers huge freedom to judges and could be viewed as offending separation of powers, it can only be used if it is possible to identify parliaments intentions it seems better suited to EU law than England law

Criminology (6 decks)

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