Criminal courts Flashcards
Parts of the structure of the courts
Justice of the Peace court, Sherrif Court, High Court
JOP court
Uses a summary procedure (judge but no jury), to deal with less serious offences
JOP court example
The Justice of the Peace court can give out fines of up to £2500
Sherrif court
Handles more serious offences than JOP, such as assault and driving under the influence Can use a summary or solemn procedure, depending on severity
Sherrif court example
The Sherrif Court has the ability to give out Community Payback Orders for certain offences
High court
Uses a solemn proceure (judge and jury) to deal with the most serious offences
High court example
The high courts can sentence an offender to life imprisonment
Roles of the criminal courts
Determine guilt, punish, provide justice
Role: determine guilt
The courts hear arguements presented such as statements to decide if the accused is guilty
Role example: determine guilt
The former SNP MP Natalie McGarry was found guilty at Glasgow Sherrif Court pf embezzlement and jailed
Role: Punish
After deciding someone is guilty, the judge decides an appropriate punishment, where they consider factors like previous history
Role example: punish
The Hamilton Sherrif Court gave Mark McLean a Community Payback Order for his racist and abusive behaviours
Role: Provide justice
The courts have a responsibility to make sure the right person is convicted, and the courts advocate for those harmed
Role example: provide justice
The family of Julie Reilly have said that they feel justice had been served after her murdered, Andrew Wallace, had been convicted
Powers of the criminal courts
Fine offenders, issue Community Payback Orders, impose life imprisonment
Power: fine offenders
The JOP deals with minor offences, and uses a summary procedure; they issue small punishments such as fines where perpetrators pay a set amount of money
Power example: fine offenders
The JOP can give out fines of up to £2500 for less serious crimes
Power: issue Community Payback Orders
Non-custodial sentences that involve offenders doing work in the community. Sentence can be between 80-300 hours of unpaid supervised work
Power example: issue Community Payback Orders
Hamilton Sherrif Court gave Mark McLean a CPO for his racist and abusive behaviours
Power: impose life imprisonment
High court deals with the most serious crimes , largest custodial sentence and a loss of freedom for perpetrator
Power example: impose life imprisonment
In 2019, Glasgow High Court sentenced the murderers of Margaret Fleming to life imprisonment for murder and various other crimes
Why criminal courts are effective
Imprison perpetrators, deter people from committing crime, keep the public safe
Effective: imprison perpetrators
All three courts can imprison perpetrators, good way to punish people
Effective example: imprison perpetrators
Some could say that imprisoning the murderers of Margaret Fleming at Glasgow High Court is an effective punishment
Effective: deter people from committing crime
One key role fof the courts is to imprison perpetrators with the goal of putting off others from committing crime
Effective example: deter people from committing crime
The courts can issue harsher punishments for people who commit hate crimes to deter people from being racist or homophobic
Effective: keep the public safe
Imprisoning dangerous criminals keeps them off thr streets which protects people from the harm they cause
Effective example: keep the public safe
By imprisoning Andrew Wallace, who was imprisoned for murder, the public became protected from them harming him
Why criminal courts are ineffective
High reoffending rates, don’t deter enough criminals, guilty people get away
Ineffective: High reoffending rates
Courts don’t address the root cause of someone committing crime, so they commit more crime
Ineffective example: high reoffending rates
The Scottish Government had to ban courts from issuing sentences of less than 12 months because reoffending rates were as high as 30%
Ineffective: don’t deter enough criminals
Role of the courts is to deter people from committing crime, rise in violent crime suggests that they are ineffective
Ineffective example: don’t deter enough criminals
Non-sexual violent crime has increased by 16% in recent years
Ineffective: guilty people get away
The “not proven” verdict in Scotland suggests the jury finds someone guilty but there isn’t enough evidence to convict
Ineffective example: guilty people get away
1 in 5 rape trials result in the Not Proven verdict
