Law making, Organisations and Models of the Criminal Justice System Flashcards
Parliament
A body of representatives that makes a law for a nation
Government
The system or group of people governing an organized community
House of Commons
MPs who are voted by the public
House of Lords
People thought to be wise. They double check laws to make sure they are fair
Judiciary
Systems of courts that adjudicates legal disputes that interprets and applies the law
Green paper
The first proposal (draft)
White paper
A formal proposal to go through public consultation
What is a select committee?
A select number of people who are experts in a field of knowledge to help pass or change a law
Consultation stage
Public petition, green and white papers into a bill
First reading
Bill is read for the first time in houses
Second reading
Bill is debated in houses. Votes are made
Committee stage
Changes and/or amendments are made by a select number of MPs
Report stage
Bill with changes is reported to the houses and are voted again
Third reading
MPs debate in its final form
Royal assent
Monarchy signs - act of parliament
Judicial precedent
Made by judges in the court. They must make a judgement, and this forms a law
Statutory interpretation
Can call on more senior judges to interpret words and phrases within the laws.
What are aggravating factors?
Factors that go against the offender. Such as lying. More likely to be guilty.
What are mitigating factors?
Factors that are in favour of the offender. It can shorten the offenders sentence by up to a third
What are 3 roles for judges?
A fair trial
Provide a summary
Impose an appropriate sentence
What are 3 roles for the police?
Arrest and detain
Protect public
Patrol area
Identify and describe the four different types of sentencing
Prison
Community Sentence (service)
Fines
Discharge
How do the police deal with minor crimes?
A caution or warning
A police fine, called a penalty notice
A community sentence/service
What are 4 roles for the CPS?
Advise police on cases for possible prosecution
Review cases submitted by police for prosecution
Prepare cases for court
Presents these cases in courts
How do courts and judges work with the CPS?
To prosecute people in court
Prepares/presents cases for/in court
How do the police and the CPS work together?
Review cases submitted by the police for prosecution
CPS advise police during the early stages
How do the police work with courts and judges?
Both protect the public
Courts enforces laws that the police have to follow
How does parliament work with the police?
Enforces law made by parliament
How does parliament and courts and judges work together?
Enforces law made by parliament via sentencing
How do court and judges work with formal sentencing?
Decides the sentence/punishment
Aims to put offenders in prison
How does the police work with formal punishment?
Police decide on the spot when giving fines
Makes arrests and make suitable punishments
What is the Crime control model?
Guilty until proven innocent
What is the Due process model?
Innocent until proven guilty
Is Crime control conservative or liberal?
Conservative
Is Due process conservative or liberal?
Liberal
What is the most important value of the Crime control model?
Control of criminal behaviour
What is the most important value of the Due process model?
Protect the innocent and convict the guilty
What does the crime control model encourage?
Plea bargaining
What are the strengths of crime control?
Condemns individuals for a criminal action
Effective and beneficial to society
Punish people and make a difference to society in reducing crime
What is the weakness of crime control?
Risks the conviction of innocent people to achieve its goal
What are the strengths of due process?
Individual is protected under human rights
Limits the coercive powers of the criminal agencies
A fair trial in court
What are the weaknesses of due process?
Mistakes can happen
Criminal agencies may act corruptly or dishonestly
Less faith in the criminal agencies
