Rights and Responsibilities Flashcards
What is justice?
A behaviour or treatment that is morally fair. Different countries can have different opinions about what justice is.
What is fairness?
Treating people equally and according to the circumstances.
What is the presumption of innocence?
Someone is innocent until proven guilty in court. The jury must find a defendant guilty before they are treated as a criminal.
Which organisation decides if a case goes to court?
The Crown Prosecution Service. They will only refer cases that they think they will win.
What are the 3 powers of the police?
Stop and search, arrest, and entry search and seizure.
Why is stop and search controversial?
Black men are up to 10 times more likely to get stopped and searched in the UK compared to white men. This shows that there is racial bias within stop and search.
What is an example of institutional racism within the police?
Stephen Lawrence was an 18-year-old black teenager who was murdered in a racist attack in 1993. The police investigation into his death was full of mistakes and failures, with important evidence being ignored, partly because the police treated the case poorly due to racial prejudice.
What rights do citizens have when they are arrested?
To remain silent, to know why they have been arrested, a phone call, a lawyer, food and water, medical care.
What is the difference between criminal law and civil law?
Criminal law deals with people who break the law. Civil law deals with disputes between people or organisations.
What are some examples of civil law cases?
M&S VS Aldi - M&S took Aldi to court for copying their Colin the Caterpillar cake. Apple VS Samsung - Apple took Samsung to court for creating a tablet very similar to the iPad.
Who are Special Constables?
Members of the public who volunteer to take on police duties on a part-time basis. They will conduct local patrols and take part in crime prevention activities.
What is the Judiciary?
The system of courts and judges in the UK.
What is the jury?
12 random people picked from the electoral register. They listen to a court case and decide on the verdict.
What is the role of a judge?
Keep order in the courtroom. Explain the law to the jury. Decide on the sentence.
What is statute law?
Also known as legislation. Law created in parliament. These laws are called Acts.
What is common law?
Law that is created by judges. It can be changed and adapted over time.
What is the difference between a magistrates court and a crown court?
Magistrates is a low level criminal court. All criminal cases start here. 5% of the most serious cases are referred to a Crown Court. A Crown Court has a jury.
What are aggravating and mitigating factors?
Aggravating factors make the sentence worse. Eg: violence during arrest. Mitigating factors make the sentence less harsh. Eg: Pleading guilty, or first time offence.
What is a custodial sentence?
A prison sentence.
Give 3 examples of non custodial sentences?
Fine, community service, rehabilitation.
What are 3 purposes of sentencing?
Protection of the public, punishment, and rehabilitation.
What evidence is there for prison not working?
High rates of reoffending. In 2022, 37% of people released from prison reoffended within 12 months.
What court are teenagers seen in?
Youth Court. It is less formal than a crown court.
What is the age of criminal responsibility?
- The James Bulger case, when two ten year olds abducted and killed a toddler, caused the criminal age of responsibility to be lowered.
What is a tribunal?
Low level civil court that deals with disputes between individuals and organisations, such as employment issues.
What are the civil courts?
Tribunals, County court, High court, Court of appeals, Supreme court.
What does the police and crime commissioner do?
A Police and Crime Commissioner (PCC) is an elected official responsible for overseeing the police force in a specific area, ensuring that it operates effectively and is accountable to the public.
What are human rights?
Human rights are basic rights and freedoms that every person is entitled to, simply by being human.
What was the Magna Carta?
Signed in 1215, it was a historic document that limited the powers of the English king and laid the foundation for individual rights and the rule of law.
What is the UDHR?
The Universal Declaration of Human Rights (UDHR) is a document adopted by the United Nations in 1948 that outlines the fundamental human rights that should be universally protected for all people. There are 30 human rights.
Is the UDHR hard law?
No, it is soft law. It is not legally binding.
What are duties?
Responsibilities that individuals are expected to fulfill, either by law, ethics, or social norms. Eg: voting.
What is the international criminal court?
A permanent international court established to prosecute individuals for the most serious crimes of international concern, such as genocide.
What is the ECHR?
The European Convention on Human Rights (ECHR) is an international treaty adopted by the Council of Europe in 1950. It sets out a range of fundamental human rights and freedoms that must be protected by its 47 member states.
What is the law in the UK that protects human rights?
1998 Human Rights Act. This is legally binding.
What is the UN Convention on the Rights of the Child?
An international treaty adopted by the United Nations in 1989 to protect the rights of children around the world.
What is international humanitarian law?
Also known as the laws of war, it is a set of rules and principles that aim to limit the effects of armed conflict for humanitarian reasons. It seeks to protect people who are not participating in the hostilities (such as civilians, medical personnel, and prisoners of war).
What is the Geneva Convention?
A series of international treaties that set out the standards for the humane treatment of people during armed conflict. Includes: protection for civilians, no use of chemical weapons, protection for prisoners of war.
What are war crimes?
Serious violations of International Humanitarian Law (IHL) that occur during armed conflicts. Eg: intentionally targeting civilians, use of chemical weapons, targeting schools and hospitals.
What are some examples of current conflicts?
Syrian civil war, Russia-Ukraine war, Palestine-Israel war.
What are some examples of war crimes that have occurred?
Chemical weapons were used in 2013. Targeting of civilians by the Syrian government.
