theme c Flashcards
what are the key roles of the law?
(3 things)
- ensuring fairness
- to set out what actions are acceptable and not acceptable
- keeping order in society
what may happen if we don’t maintain order in society?
chaos and disorder may occur is the law isn’t strongly uphelh.
how can we maintain order ?
(2 points)
- by punishing those who break the law (fine,prison ,county service)
- deterring criminal behaviour
how can the law affect our everyday lives
(6 things)
- must be 18 or over to buy alcohol or cigarettes
- must not work full time if under 16
- must have a landlord and tenant contract if renting
- must be in eduction or training until 18
- must do maths and english until 16
- must not drive if under the influence of alcohol or drugs
when did england and wales come toghter to share a legal system
1543
when did most of ireland become idependant
1921
what is the wesh assembly responsible for
20 devolved areas on which it can make its own laws concering matters like education health and housing
what is common law
common law refers to laws made by judges based on cases theyve seen before
what is to legislate
to make law
what are the two different types of law
civil
criminal
what is the purpose of criminal law
to protect the public from harm
such as where crimes are commited against a person or property
what are some crimes against a person
- murder
- rape
- assult
- manslaughter
- robbery
what are examples of crimes against property
- arson
- fraud
- vandalism
- forcible entry
what is the purpose of civil law
to solve disputes in cases invloving rights between groups or individuals
what are examples of civil disputes
- work related
- personal injurycopy
- right
- property
- family matters
- consumer disputes
what is the role of the police
to keep the public safe
- patrolling
- investigate and collect evidence and solve crime
what are the powers of the police
- to stop and search - reasonable suspicion
- arrest and enter premises
- to detain and charge - detain 24 hours without charge - charge if enough evidence
what is the roles of judges
- being in charge of trials
- keeping order in court
- upholding and interpreting the law
what are the powers of judges
- to apply the law made by parliment
- advise juries
- to decide what punishment those found guilty
what are the roles of magistrates
- to hear criminal cases
what are magistrates
- usually volunteers
- not laywers but have specilised training
- legal adviors assit them with knowledge
what are magistrates powers
- hearing cases
- to arrest and sentance - issue a search warrent or warrent for arrest - to give sentance up to 6 months for one offence - give a fine of an unlimited amount
- to transfer cases - to transfer seriou criminal cases to the crown court
what is the role of legal representitives
to be experts in the law
what are examples of legal representitives
- solicitors
- barristers
what do legal representatives do
- help to make legal system fair
- the provide legal advice
what powers do legal representatives have
- to act on behalf of a accused person - represent their defence
- to prosecute someone
- prepare cases - SOLICITORS
- to represent their cilents in higher courts - BARRISTERS
what is a jouror
someone who sits on a jury in a crown court
how many jurors are required and what age
12 jurors
between 18-70
how long doe sjury service usually last
around 2 weeks
why are those how are on jury serivce not allowed go use media and mobile phones
so they dont become biased and get influenced by the media and others
what do tribunals hear
hear disputes around
employment
immigration
injuries
mental health
what is a tribunal
specilialist courts which are more informal
what are the powers of tribunals
- limited power
- fines
- penaltites
- compensation
what are the benfits of incluing citzens in the legal process
- expierence from all walks of life
- represents the community - democracy
why do the police have to tell a person about the reason theya re being arrested
- violates their human rights if the police pouts them in a cell and doesnt tell them why
- links to the right of a fair trial and teh rule of law - fair trial would not be possible if the person didnt know what theya re being arested for
why does someone have the right to inform someone about their arrest
- to let someone know where they are
- police the police to contact a appropirate adult of the person who has been arrested is under 18
- to show that the citzen is not being subjected to unlawful treatment by police
the police must inform the arrested person taht they ahve the right to see a ________
soliciter
what are some righst that an arrested person has at a police station
- medical help if feeling ill
- see the rules the police must follow
- see a written notice about their rights
whata re the different types of criminal court
magistrates court
crown court
what are magistrates courts used for
less serious types of offences
how do magistrate courts operate
- three magistrates - hear each case
- a legal adviser - provide guidence on points of law
- magistrates can pass sentances of up to 6 months in prison and unlimited fines
- appeals can go to crown court
what are crown courts used for
more serious offences
how does a crown court operate
- a judge - ensure case is fair - sentace
- a jury - 12 people,decides if defendant is guilty or not
- judge advices jury on the law and sets sentace
- appeals of crown court can be heard in high court
what are teh types of civil courts
county court
high court
what are county courts used for
- disputes about property,breaches of contract
- compensation
- small claims up to 10000
- seeking paymnets of debt
what si the county court process
- can be delt online
- people can defend themselves or get soliciter or barrister to do so
- judge hears evidence and judgement is made
- not usually punishment - compensation
- judges can issue injunctions
what is an injunction
- an order for one party not to do soemthing - prevent making noise in the ealry hours
whata re the three divisons of high courts
- queens bench
- family
- chancery
what does the queens bench devision deal with
- contractual issues
- wrongs aganst property
- wrongs against people
what does teh family division deal with
- appeals from family law courts
- giving custody of under 18s
what does the chancery divison do
- company law
- land law
what si the process of a tribunal
- case heard in panel of 3 members - chair person ahs legal training
- claimants abd respondants give evidence
- decision os given on that day
what is mediation
solving civil disputes by helping them reach an agreement
- cheaper than court
- quicker
what is an ombudsmen
appointed to look into complaints about compaines and organisations without going to court
- make reccomndations to put things right
what punishment can offenders under the age of 10 get
a curfew where they have to be at home between 9pm-6am unless with an adult
what is the youth justice
a justice system amde for those under the age of 18
how does a youth court operate
cases such as theft,buglary anti social behaviour and drug offences are delt there
- three magistrates or judge no jury
- take account of age,seriousness of offence,guilty plea,previous record and migigating factors
what sentances can aged 10-17 get
- fines
- community service
- detention centers for young people
whata re factors affecting crime rates
rises in
-unemployment
- poverty
- social and family break down
- changing morals
- changing technology
what are some reasons why people might not report a crime
- victim being embarrassed
- being afraid criminal will take revenge
- not wanting offender to get into trouble
- lack of trust in police and justice system
- fear they will be treated like a suspect rather than victim
- not wanting stress and inconvenience
what are some reasons for reoffending
- no home,no job - prison provides shelter food and healthcare
- fund drug addiction
- learn tricks from offenders in prision and carry out more crime
what are stratergies to reduce crime in society
- protection
- prevention
- punishment
what is prevention
aims tos top crim happening by reducing the cause for offence
what are methods of preventon of crime
- increasing community polcing - high visibility of patrols
- high quality education - provides oppertunites
- providing counciling for drug and alchohol problems - helps people stop funding addiction
- providing positive oppertunities for young people - involves people in activities so tehy dont turn to crim in boredom
whata re methods of protection of crime
- security - cctv,alarms
- neighbourhood watch
- improving coumminty- better street lights, keeping neighbour hood clean
hwo does punishment aim to deter crime
- shows there are consequences of actions
- uk aims to rehbailitate
- shows criminal actions are unacceptable
what are the two different types of judges in crown courts and what do they hear
high court judge: very serious like murder and rape
circuit judges an recorders - less serious cases like theft which has been reffered from magistrates court
what are the three divisions in high courts that deal with civil cases
- the queens bench division
- the family division
- the chancery division
what is the process in tribunals
- cases are heard by a panel of three members
- chair person has experienced training
- the others are citzens in expertize in these issues
- claimants and respondents give evidence
- when all evidence is heard the decision is given that day or later in writing
what happens in mediation
a trained impartial third party works with disputing parties to reach agreement
- cheaper and quicker than court
what rights do young people have when being arrested,questioned and interviewed
the right to be accompanied by a responsible adult
what is a difference between nromal courts and youth courts
- youth court have no jury
- youth court exclusively handle cases with people aged 10-17
why might prisons sentences not be the most appropriate punishment
- may not deter offenders and when they are released they could reoffend
- they could have mental health issues and could be at a risk in prison
- prison could have a different impact on people depending on their age
what are three roles of citzens in the legal system
- apart of the jury
- lay member in tribunal
- become a local magistrate
- have role as a witness in a legal proceeding
how does the presumption of innocence uphold rights and freedoms
- the right of innocent until proven guilty is upheld so there is a fair trial
- ensures that all the accused are equal before the law
why might published statistics on crime rates be unaccurate
- victium may feel they do not have enough evidence to sumbit a crime
- the crime could be considered to petty to be reported
- the victium might be fearful of further injury if they report
- the victium may have submiitted a similar crime and it had no positive outcome
what difficuktues are police likley to encounter as they aim to prevent and detect crime
- a lack of cooperation and possible physical violence
- problems in gathering evidence
- difficult to treat suspects with respect when trying to pursue forvictiums
- have to be careful that their using necessary force
