Theme C Flashcards
What is a law?
- A law is a set of rules that govern how we spend our everyday lives. They set out rules that people in society must follow and serve many roles
Give three examples of how laws affect our everyday lives
- Must study English and Maths till 16
- Cannot drive without a license
- Must be over 18 if wanting to purchase alcohol or tobacco
Why are laws needed in society?
- To settle disputes
- To protect the public
- To ensure that there’s fair treatment amongst all in society
- To help change negative behaviour
Give situations in which law has had to develop in order to combat and reflect changing situations
- Terrorism
- Scientific discoveries
- New technologies
- Changing values
Give three examples of laws that provide a certain age limit
- Driving
- Sex
- Joining the army
What is the age of criminal responsibility in England and Wales?
- 10 years old (if u don’t know that you’re cooked)
- What are some threats of the rule of law ‘access to justice’?
- Cuts to the funding of legal aid
- Closures of many courts
How is the legal system in Scotland and Northern Ireland different to England and Wales?
- Scotland is based off of ‘Roman law’, which has different areas to UK, such as having a third option of ‘not proven’
- NI has its own assembly, which can pass laws by itself, although some of their laws have come from UK parliament
What is criminal law and some examples of crime?
- Laws that maintain order and protect society as a whole
- Murder, theft, arson
What is civil law and some examples of disputes?
- It’s purpose is to settle disputes between groups or individuals
- Property disputes, divorce, work related disputes
Roles and powers of the police
- Keep the public safe, by preventing, deterring and investigating crime
- Power to stop and search, arrest and enter premises and to detain and charge people
Roles and powers of judges
- Keeping charge and overhearing court cases, before providing a sentence by interpreting law
- Power to apply law and give sentence, whilst also setting precedent
Roles and powers of magistrates
- Tasked with hearing cases in Magistrates’ courts, with the help of legal advisers, before applying a sentence
- Have the power to hear the case, before applying a sentence of transferring case over to a crown court
Roles and powers of solicitors and barristers
- Make the legal system fair
- Provide legal advice or act on behalf of their client when in court
Roles and responsibilities of jurors
- They are people who sit and observe a court case, before deciding on the outcome of the defendant
- They are randomly selected, before serving and making a verdict
Roles and responsibilities of members of a tribunal hearing
- Sit as a panel, observing the hearing before deciding on an outcome, often fines or compensation
What are the benefits of involving citizens in a hearing?
- Practical beliefs (cost efficient and get experienced people from all walks of life)
- Theoretical beliefs (includes links with democracy and using them to represent the community)
What are the three rights you have on arrest?
- Right to know reason of arrest
- Right to inform someone about your arrest
- Right to see a solicitor
What is a magistrate court?
- A type of court used in criminal cases, which are often less serious- known as summary offences
How do magistrate courts operate?
- 3 magistrates hear each case, usually volunteers
- With the help of a legal advisor, they will make a verdict of up to 6 months in prison and unlimited fines
- If they decision is appealed, case will go to a crown court
What are crown courts?
- Used for more serious- indictable- offences
- Require a judge and jury
How do crown courts operate?
- A judge oversees the proceeding
- A group of 12 jurors will decide on a verdict of whether the defendant is guilty or not
- The judge will decide on a sentence
- If appealed, may go to the high court
What are county courts?
- Used for civil disputes such as property disputes and compensation
- Cases may be dealt with online, or an out-of-court settlement reached
What are high courts and how are they used?
- Another type of civil court, with three main divisions
- Queen’s bench: deals with civil wrongs and property disputes
- Family: deals with family and custody disputes
- Chancery: deals with disputes in land, law and mortgages
What are tribunals?
- Another judicial system, used to resolve civil cases outside of court
- May be done as it’s cheaper, faster and attracts less attention
How do tribunals work?
- Cases heard by a panel of three members: the chair having legal training and the others are experts in a field
- Cases heard, before a decision and verdict made later in the day
What is mediation?
- When an impartial third-party is used s=to settle civil disputes- may be over a phone
What is an ombudsman?
- Someone appointed within a company to look into cases against the organisation, without the issue having to be taken to court
In what ways is the youth court system different to that for adults?
- Can be accompanied by an adult
- Are called by their first name
- Punishments are less severe, with prison not being an option
- No jury
What are the main community sentences for youths?
- Referral orders= youth agrees to a programme of work, to address behaviours with local justice workers
- Reparation orders= youth agrees to repair the damage he has done
- Youth rehabilitation orders- courts decides on a 3-year rehabilitation to help the youth eg: curfew
What are three factors affecting crime rate in society?
- Poverty
- Drug influence
- Age of population
Why may people be unwilling to report a crime?
- Time consuming
- Lack of trust in the police
- Afraid of criminal taking revenge
What are some reasons for re-offending
- Prison provides better food and healthcare and shelter
- Funding a drug addiction
- Learn tricks from people in prison, which allows them to carry out further crime
What is prevention and some examples?
- Stopping crime from happening by removing the cause for offence
- Examples include an increase in policing and the provision of higher levels of education
What is protection and some examples?
- Reducing crimes through measures of protection
- Examples include increasing CCTV and more street lighting
What is punishment and some examples?
- Involves deterring crime by causing there to be a sense of fear for the criminal
- May involve prison time or fines
What are some advantages and disadvantages of deterrence?
-Adv: fear prevents potential offenders, aimed at the entire population
- Disadv: Prison numbers keep increasing
What are some advantages and disadvantages of rehabilitation?
- Adv: Reforming offenders motivated to re-integrate into society, takes the specific needs into account
- Disadv: re-offending rates are still high
What are some advantages and disadvantages of retribution?
- Adv: offenders deserve to be punished, keeps the streets safe
- Disadv: may have the opposite effect and result in higher re-offending rates
What are some advantages and disadvantages of restorative justice?
- Adv: fair that offenders give something back
- Disadv: May be deemed that punishment is not severe enough
