criminal courts Flashcards

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1
Q

criminal courts

A

magistrates > crown court > court of appeal > supreme court

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2
Q

appeals from magistrates court

A
  • defence only against a conviction or a sentence
  • heard by a judge & 2 magistrates
  • confirm or vary convinction
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3
Q

composition of the bench

A
  • 58% women
  • 13% ethnic minorities
  • 4% disabled
  • two are specially trained and go to youth court
  • they’re assisted by legal advisors
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4
Q

juries

A

‘deciders of fact’
12 members
unanimous decision/ majority verdict

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5
Q

disqualifications

A

sentenced to life
extended sentence
imprisoned for 5+ years

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6
Q

barristers

A
  • pass bar professional training course
  • pupils - on the job training
    18 month wait
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7
Q

appeals from crown court

A
  • criminal appeals act 1995
    ‘shall allow an appeal against a conviction that is unsafe and shall dismiss such appeal in any other case’
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8
Q

becoming a lay magistrate

A
  • fill out application
  • selected by local advisers committee
  • they check skills
  • lord chief justice will select them
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9
Q

aims of sentencing
financial

A
  • pay upfront or monthly
  • compensation
  • thrift, injury, loss
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10
Q

types of sentencing
community orders

A

-83% more effective than short sentences
-damage, theft, assault
-punishment

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11
Q

types of sentencing
custodial sentencing

A
  • serious sentences
  • reoffending is lower for non custodial
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12
Q

types of sentencing
discharges

A
  • less serious offences
  • conditional discharge
  • released from court but given a criminal record
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13
Q

aims of sentencing
denunciation

A
  • name and shame
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14
Q

types of sentencing
probation

A
  • 6 months to 3 years
  • regular visits from probation officer
  • regular drug tests
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15
Q

aims of sentencing
incapacitation

A
  • life behind bars
  • protecting society
  • mental institution
  • house arrest
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16
Q

aims of sentencing
compensation

A

compensation for the victim

17
Q

aims of sentencing
rehabilitation

A

offenders behaviour will be altered by the penalty imposter so they will not reoffend again in the future

18
Q

aims of sentencing
deterrence

A

general deterrence- stopping people from committing a crime
individual deterrence- stopping someone reoffending

19
Q

lay people/magistrates

A
  • D pleads =
    guilty - sentence reduced
    sentenced by magistrates
    sent to crown court

not guilty - magistrates accept jurisdiction- defendant can choose which court to go to
if magistrates think it’s too serious - go to crown court

20
Q

aims of sentencing
retribution

A

does not seem to reduce the crimes or alter their behaviour