Criminology UNIT 4 EXAM Flashcards
What are the Seven Stages to making a bill?
First stage, Second Stage, Committee Stage, Report Stage, Third Reading, ‘Ping Pong Stage’ and Royal Assent.
What is Judicial Precedent
Where the past decision of a judge on case creates law for future judges to follow.
What does Judicial Precedent create?
It creates ‘Common Law’ , across the country.
Exceptions to Judicial Precedent?
Distinguishing and Overruling
cases that represent creating Precedent?
Donoghue v Stevenson (1932) Daniels V White (1938)
Name another way a judge can make a law?
Statutory Interpretation
Explain the rule that comes with Statutory Interpretation?
The Judge should use the everyday meaning of the words in a statute.
List key personell/Agencies in the making of a law and its journey in use throughout the Criminal Justice System
Parliment/Judges-Making Laws, Police, CPS, HM Courts and Tribunals, Courts, Verdict and Sentence given in Relation to Sentencing council, HM Prisons ad Probation Service.
Who do Government Departmets have relationships with?
The Courts, HM Prison Service and The Probation Service
The Police
Who do the Police have relationships with?
The courts(Giving evidence, providing Protection), The Defence Lawyers(Allowing them to speak to their client),CPS,HM Prison Service(Police arrest them and transport them to prison),The Probation Service(Work with if any issues occur),Voluntary Org’s such s Women’s Refuge.
Who do the CPS have relationships with?
The Police ( Give them advice on charging, assess the evidence give to them), The Courts (Preparing Appeals against the Unduly Lenient Scheme), Defence Lawyers(Present and give evidence once the CPS have prosecuted)
Who do the HM Courts and Tribunals Service have relationships with?
Courts and Judges ( Supervise the Efficient running of the Court), HM Prison Service (Holding Prisoners attending Court, allow access via video link to give evidence)
Who do the HM Prison Service have relationships with?
The Courts(Carry out Custodial Sentences, Supervise offenders), Police(Facilitate Interviews with prisoners involved in investigations), The National Probation Service(Liasoning when a prisoner is released on liscence), Voluntary org (Victim Support etc)
Who do the National Probation Service have relationships with?
HM Prison Service(Supervising Prisoners when on LIscence), The Courts(Supervising offenders who have been given Community Sentences, Supervising Drugs Tests)
Who created the two opposite models of criminal justice?
Herbert Packer 1968
What are the two models of criminal justice?
Due Process Model and Crime Control Model
Key Phrases for the Due Process Model?
Obstacle Course, innnocent until proven guilty, Don’t trust the police and less faith in the police, Rights of the suspect over the public, Governments biggest barrier to liberty
Key Phrases for the Crime Control Model?
Conveyer belt system, Guilty until proven innocent, trust the police, rights of the public/victim over suspect, crime is greatest threat to individuals liberty,
Points of Law for the Due Process Model?
Right to remain silent,
Right to legal representation
Right not to be retried or aquitted for a crime
Points of Law for the Crime Control Model?
Stop and search without reason
Extended police detention for terrorist offences
Changes to the double Jeopardy law
Cases for Due Process?
Synoptic Link for Due Process?
Gary Weddel, Sion Jenkins and Thompson/Venables
Synoptic Link -Left Realism - informa control is important
Cases for Crime Control?
Synoptic Link for Crime Control?
Colin Stagg, Birmingham 6, Barry George
Synoptic Link - Right Realism - being tough on crime will deter others from doing it
What are the two types of social control?
Internal and External
What is Internal control?
Controls behaviour that comes from within ourselves that leads us to conform to society or groups that we belong to BECAUSE it feels like he RIGHT THING TO DO
