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English Legal System > The Criminal Justice System > Flashcards

The Criminal Justice System Flashcards

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Proverbs and Idioms flashcards
1
Q

What is Actus Reus?

A
  • A guilty act
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2
Q

What is Mens Rea?

A
  • A guilty mind
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3
Q

What are the three tyoes of offence?

A
  1. Summary offences
  2. Either-way offences
  3. indictable offences
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4
Q

Where are summary offences heard?

A
  • Magistrates court
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5
Q

Where are either-way offences heard?

A
  • Magistrates court
  • Crown court
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6
Q

Where are indictable offences heard?

A
  • Crown court
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7
Q

What are the crime trends in the Uk?

A
  • Shoplifting rates on the rise
  • Decrease in domestic abuse
  • Increase in sexual assault
  • Increase in robberies with a knife/sharp instrument
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8
Q

What are the different institutions?

A
  • The police
  • The crown prosecution service
  • HM courts and tribunals service
  • The Home Office
  • The Ministry of Justice
  • The Attorney General
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9
Q

What is the role of the police?

A
  • Responsible for investigating crime, collecting evidence and arresting or detaining suspected offenders
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10
Q

What is the role of the crown prosecution service?

A
  • prosecutes criminal cases
  • independent of police and government
  • overseen by his majesty’s crown prosecution service inspectorate
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11
Q

What is the role of the Her Majesty’s courts and tribunals service?

A
  • responsible for the administration of courts and tribunals in England and Wales
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12
Q

What are his majesty’s prison and probation service?

A
  • Responsible for carrying out sentences given by the courts, in custody and in the community and rehabilitation through education and employment
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13
Q

What is the role of the home office?

A
  • The lead government department for crime and the police, and other matters
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14
Q

What is the role of the Ministry of Justice?

A
  • Responsible for the courts, prisons, probation services and attendance centres
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15
Q

What is the role of the Attorney General?

A
  • The chief legal adviser to the Government (superintends the CPS and Serious Fraud Office)
  • Responsible for the Government Legal Department (supported by the solicitor general)
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16
Q

What are the theories of criminal justice?

A
  • Due process model
  • Crime control model
  • Rehabilitation model
  • Restorative jusice model
  • Bureaucratic module
17
Q

What is the due process model?

A
  • Aims for a just process through fairness and rules to protect the accused
18
Q

What is the crime control model?

A
  • Aims primarily for controlling crime
19
Q

What is the rehabilitation model?

A
  • Aims for rehabilitation of the offender
20
Q

What is the restorative justice model?

A
  • Aim is that the offender recognizes their responsibility and makes amends to the victim
21
Q

What is the Bureaucratic module?

A
  • Aims for the efficient management of the case and the criminal in the system
22
Q

What are the stages of a criminal case?

A
  1. Pre-trial
  2. The trial
  3. After the trial
23
Q

What happens at the pre-trial stage?

A
  • Reporting a crime
  • Investigation (police, other investigative body)
  • Charging (police, CPS)
24
Q

What happens at a trial?

A
  • The courts and the plea
  • The verdict (beyond a reasonable doubt)
  • Sentencing
  • Appeals (against the verdict or sentence)
25
Q

What happens after the trial?

A
  • Prison
  • Rehabilitation
26
Q

What happens during an investigation?

A
  • Police powers are governed by the police and Criminal Evidence Act 1984 and codes of practice
  • Main powers (stop and search, arrest and detain, to question, to enter and search premises)
27
Q

What are the two types of bail?

A
  1. Unconditional
  2. Conditional
28
Q

What are the two tests for the decision to prosecute set out by the Crown Prosecution Service?

A
  1. Is there sufficient evidence to provide a realistic prospect of conviction?
  2. Is prosecution in the public interest?
29
Q

What are the statistics relating to ethnicity and justice?

A
  • Black people are more likely to be stopped and searched in comparison to white people
  • Black people are more likely to be arrested in comparison to white people
30
Q

What is a guilty plea?

A
  • where the defendant pleads guilt, the only function for the court is to sentence
31
Q

What is a non-guilty plea?

A
  • where the defendant pleads not guilty, the court must hear evidence, reaching findings, determine guilt and sentence, if guilty
32
Q

What are the principles and purposes of sentencing?

A
  • Punishment of the offender
  • Reduction of crime
  • Reform and rehabilitation of offenders
  • Protection of the public
  • Making of reparation to persons affected
33
Q

What is the principle of the youth justice system?

A
  • Prevent offending or reoffending by persons under 18
  • Welfare of the offender
34
Q

What are the causes of backlog in the crown court?

A
  • High number of ‘ineffective trials’ (listed trials that do not go ahead on the day scheduled
  • Number of criminal law barristers and criminal law duty solicitors decreasing
  • Hearings are taking longer due to the higher proportion of complex cases and more cases where the defendant pleads not guilty
  • Measures taken by Government are not effectively bringing the number of outstanding cases down
35
Q

What is the impact of the backlog in the Crown Court?

A
  • Deterioration of victims’ mental wellbeing
  • Defendants waiting a long time for trial
  • Contributing to acute prison population pressures (the number of people in prison on remand, awaiting a trial or sentencing is at its highest level for at least 50 years)

English Legal System (8 decks)

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