English Legal System for Crime Flashcards
In a criminal trial what is the case name?
R V Defendant
In a Civil trial what is the case name?
Claimant v Defendant
In a criminal trial who is the case brought by?
Crown prosecution service
In a civil trial who is the case brought by?
Claimant
In a criminal trial which court is the first instance?
Magistrates court or crown court
In a civil trial which court is the first instance?
County Court or High Court
In a criminal trial who is the burden of proof on?
Prosecution
In a civil trial who is the burden of proof on?
Claimant
What is the standard of proof in a criminal trial?
95% (Beyond reasonable doubt)
What is the standard of proof in a civil trial?
51% (Balance of probabilities)
What is the 1. Aim 2. Verdict 3. Outcome, of a criminal trial?
- Protect society
- Guilty or not guilty
- Punishment if guilty.
What is the 1. Aim 2. Verdict 3. Outcomme, of a civil trial?
- Protect Individuals
- Liable/Not liable
- Damages or injunction
Sources of law: What is Custom law?
A local customer outside of common law has been considered valid if it has been practised peaceably and continuously from time immemorial. Traditions only become law if it has been recognized by the court.
Sources of law: What is Common law?
Unwritten law made by judges setting a judicial precedent. This is undemocratic as judges are not elected to make laws.
Sources of law: What is Statute law?
Written law made by parliament in an act of parliament.
What is an example of an aggravating factor?
Increase sentence given, use of a weapon, previous relevant convictions, offence committed while on bail, racially motivated offence, hostility to disability or sexuality, the offender being part of group/gang, particularly vulnerable victim, victim serving public e.g. premeditated attack.
What is an example of a mitigating factor?
A lower sentence is given, Cooperation with police, genuine remorse, mental or physical illness of defendant, no previous convictions. Reduction for guilty plea - 1/3 reduction if D pleads guilty at the earliest opportunity.
Types of sentences - Adults.
Fine - most common, used mostly by the magistrate’s court.
Types of sentences - Adults.
Community sentence - Must contain a punishment element. Criminal Justice Act 2003 allowed unpaid work, drug rehab, and curfew requirements.
Types of sentences - Adults.
Discharge - Can be conditional: must not re-offend within a certain time or absolute: punished enough.
Types of sentences - Adults.
Custodial sentence - Prison or secure hospital: so serious.
What is the aim of a sentence?
Punishment, deterrence, rehab, reparation.
