Theme C Flashcards
What are the 4 different types of punishment?
Deterrence. Rehabilitation. Retribution. Restitution (putting things right for victim and society)
What is the law?
Set of rules which people in society must follow without exception.
What are 3 roles of the law?
- It sets out what actions are acceptable and not allowed. 2. It keeps order in society by providing a common understanding of the consequences of breaking the law. 3. It ensures fairness so everyone feels that the outcomes are what they deserve.
What are 3 examples of how law affects everyday life?
- Must study maths and English until 16. 2. Must not work full time if under 16. 3. Must be over 18 to buy alcohol or cigarettes.
Why do we need laws in society? (5)
- To protect the public. 2. To settle disputes. 3. To ensure fair treatment. 4. To change behaviour. 5. To respond to new or changing situations.
Why does the law need to protect the public and what are some examples?
Everyone has the right to be safe. They need to be protected from assault; injury; burglary and homicide. They also need to be protected in schools; homes; at work and in the community.
What are some examples of how law settles disputes? (3)
- Marriages breaking down. 2. Company disagreements about contracts. 3. Neighbours disrupting land boundaries.
How does the law ensure fair treatment? (2)
- Human Rights Act 1998. 2. 2010 Equality Act. Both prevent discrimination and ensure everyone has equal opportunities.
What are 3 ways that the law can change behaviour?
- Deterrence through punishments like prison. 2. Retribution such as community service. 3. Rehabilitation e.g. through education; training or therapy.
What are 4 examples of the law responding to new or changing situations?
- Terrorism. 2. Scientific discoveries e.g. preventing embryos to be tested on after 14 days. 3. New technologies and people’s right to privacy e.g. Facebook harvesting customers’ data. 4. Changes in values such as the Marriage (same sex) Act 2013.
What can you legally do at 13?
Working part time with restrictions.
What can you legally do at 16 years old? (4)
- Work full time with restrictions. 2. Join the army with parental permission. 3. Join the navy with restrictions. 4. Consent
What can you legally do at 17?
Drive
What can you legally do at 18? (3)
- Get married. 2. Join army without parental permission. 3. Work full time without restrictions.
Why are the ages to become legally responsible (e.g. working) these ages?
It protects children from exploitation and many people believe they are responsible enough.
What is the age of responsibility in England and Wales?
10
What is the age of responsibility in Scotland?
8
Why might people support lowering the voting age to 16?
They can serve their country in the army and navy but can’t marry? They also voted in the Scottish Referendum in 2014 and it was a success.
What are some basic rights which the law must protect?
- The right to life. 2. The right to freedom of expression. 3. The right to a fair and free trial.
What are the 3 main points of the rule of law?
- All citizens must obey the law. 2. The law must protect citizens from the abuse of power by their rulers. 3. It ensures all citizens are accountable for their actions and are punished when needed.
Where does the preumption off innocence come from?
The Magna Carta
What does the presumption of innocence mean?
The accused is considered innocent until proven guilty by the prosecution beyond a reasonable doubt.
What rights does the rule of law give us?
- To have a fair and public hearing with impartial juries and judges. 2. To prepare a defence. 3. For judgements to be made public. 4. To appeal a decision all the way up the highest court.
What are 2 rights for access to justice?
- No one should suffer a miscarriage of justice or face unfair treatment due to social characteristics. 2. A defendant has a right to a defence and will be appointed one if they cannot afford one.
What are 2 threats to access justice?
- Cuts to legal aid funding mean poorer people cannot access justice. 2. Closure of some courts mean some people have to travel further to attend court which is more expensive.
When did England and Wales join together and share a legal system?
1543
When did Scotland join England and Wales with the Act of Union to form GB (but retained a separate system)?
1707
When did most of Ireland became independent from Britain?
1921
What are 3 facts about the Welsh Assembly?
It was set up in 1999 and has 60 members. It is responsible for 20 devolved areas including education and health and housing.
Which 2 countries share a legal jurisdiction?
England and Wales.
What is Scotland’s legal system based off of?
Roman law.
What is a difference in the Scottish legal system?
Juries have a third option of ‘not porven’.
What is similar with the Scottish legal system and England and Wales?
Area such as employment law.
What can NI’s assembly do?
Pass its own laws.
What law is not included in NI but is in England?
Abortion Act 1967.
What are the 4 main sources of law?
- Common law. 2. Legislation. 3. EU law. 4. Conventions
What is common law?
The laws made by judges in unique cases that have appeared before them.
What does common law do for other judges to follow in future cases?
It sets a precedent.
What is legislation?
Making laws.
What’s another phrase for an Act?
Statute law
What is Parliamentary Sovereignty?
It can make law on anything it chooses.
How can a new law come about after an election?
The party has it in their manifesto.
What could the UK not do when they were part of the EU for laws?
Not pass a law which contradicts EU law.
What are the 2 types of law?
Criminal and civil.
What is the purpose of criminal law?
To protect the public from harm.
What is the purpose of civil law?
To settle disputes.
What are some examples of crimes against a person and crimes against property in criminal law?
- Murder. Rape. Assault. 2. Arson. Vandalism. Forcible entry.
What are some examples of civil disputes? (4)
Debt. Contractual disputes. Property disputes. Family matters e.g. divorce.
What is the standard of proof for criminal law?
Beyond reasonable doubt.
What is the standard of proof for civil law?
Over 50% sure.
What is the role of the police?
To keep the public safe
How do the police keep the public safe? (3)
- They prevent crime by providing education in schools and communities. 2. They deter crime by patrolling in the community. 3. They investigate and collect evidence of crime.
What 3 powers do the police have?
- To stop and search (if there is reasonable suspicion that a crime will take place). 2. To arrest (possibly with reasonable force) and enter premises without permission (to save a life or prevent a crime). 3. To detain someone for 24 hours and charge them.
What are 3 roles of judges?
- Being in charge of trials. 2. Keeping order in court. 3. Upholding and interpreting the law.
What 3 powers do judges have?
- Apply statute and common law to all cases. 2. Decide on sentences. 3. Set a precedent - common law.
Who are magistrates?
- Volunteers. 2. Not lawyers but some training. 3. aka JPs. 4. Legal advisers assist them with specialist knowledge.
What is the role of magistrates?
To hear criminal cases in the Magistrates’ Court.
What 4 powers do magistrates have?
- Hear minor cases. 2. To issue a search warrant or warrant for arrest. 3. Unlimited fine and sentencing up to 6 months or 12 months. 4. Transfer cases to the Crown Court.
What is the main role of legal representatives?
To be experts in the law.
What are 2 examples of legal representatives and what do they do?
- Solicitors - prepare cases. 2. Barristers - represent their clients in higher courts e.g. Court of Appeal.
What power do legal representatives have?
To act of behalf of the accused person and represent their defence in court.
Who can be selected as a juror?
Anyone aged 18 to 70 (with some exceptions). 12 are picked.
How long does jury service last and do you get compensated for loss of earnings?
Usually 2 weeks and employers must allow the time off. Expenses are paid and there is compensation for loss of earnings.
What do jurors do after hearing the evidence?
- Communicate with others without phones. 2. Decides guilty or not guilty.
What are tribunals?
Like courts but are more informal. Usually deal with one million cases each year.
How does a tribunal work?
- It hears the disputes e.g. employment. 2. Hear the evidence and give their decision.
What powers do tribunals have?
Fines. Penalties. Compensation and costs for sentencing.
What are special constables?
Volunteers from all backgrounds who assist the police.
What are benefits for involving citizens in the legal process? (3)
- Democratic. 2. Cost efficient. 3. Experience from all walks of life.
What are 3 rights you have when arrested?
- Right to know reason of arrest.2. Right to inform others of the arrest. 3. Right to see a solicitor.
What does the custody office have to say about rights - other than the normal rights?Wh
- Medical help needed? 2. Regular breaks to the toilet. 3. Access to food.
What are some examples of offence which magistrates hear?
Motoring offences. Criminal damage. Minor assaults.
What are the 2 types of criminal courts?
Magistrates’ and Crown.
What are some examples of crimes heard by the crown court?
Murder. Rape. Robbery.
What’s an either way offence?
Some offences can be heard in either criminal court e.g. theft and some drug offences.
How does the Magistrates’ Court operate?
3 magistrates hear each case. A legal advisor i on hand to provide guidance on the law.
What sentences can the Magistrates’ Court sentence?
Up to 6 months in prison and unlimited fines.
Where does the appeals from the Magistrates’ Court go to?
The Crown Court.
How does a Crown Court operate?
A judge ensures the trial is fair but doesn’t decide guilt - sets the sentence. A jury decides if defendant is guilty or not.
Where do appeals from the Crown Court go?
High court or even higher.
What are the 2 types of civil courts?
County and High
What crimes do County Courts hear?
Disputes about property
What is the County Court process like?
- Cases can be dealt with online. 2. An out of court settlement may be reached. 3. People can defend themselves; hire a solicitor; or allow a relative to speak. 4. Cases lead to compensation not punishments.
What is an injunction?
An order for one party to not do something e.g. preventing them from making noise in the early hours.
What are the 3 divisions in the high court?
- The Queen’s Bench Division - deals with contractual issues. 2. Family Division - custody of under 18s. 3. Chancery Division - company law and mortgages.
What cases are tried by tribunals?
Employment. Immigration. Pensions. Lands.
What is the process of a tribunal like?
- Cases are heard by a panel of 3 members. 2. Claimants give evidence - don’t necessarily need a lawyer. 3. A decision is made that day in writing.
What “sentences” can a tribunal give?
Fine / compensation.
What is mediation?
A trained 3rd party works with the disputing parties to reach an agreement. It’s cheaper and quicker than court e.g. done over the phone in one hour.
What are ombudsmen?
They look into complaints about companies and organisations without going to court. They investigate cases of injustice and make recommendations to put things right.
What happens to offenders under 10?
Local child curfew - must be home between 9pm and 6am unless with an adult. They are also referred to Youth Offending Teams for support and rehabilitation.
What happens if a juvenile admits guilt and the crime is not serious enough?
A caution is given.
Where are most youth cases held?
Youth courts which are a type of Magistrates’ Court.
What crimes can youth courts hear?
Theft; burglary; antisocial behaviour and drugs.
How does a youth court work?
3 magistrates or 1 judge. They take account of age; seriousness of crime; previous record and guilty plea.
How does sentencing work for the youth?
Fines; community service and detention orders. No prison.
What is a conditional or absolute discharge?
No punishment unless they reoffend then they face both punishments.
What are some factors which affect the crime rates? (6)
- Unemployment. 2. Poverty. 3.Misuse of drugs and alcohol. 4. New crimes such as cybercrimes. 5. Changing morals and freedoms and age. 6. Police policies for reporting and recording crimes.
What are 2 factors which affect crime statistics?
- Level of accuracy (what counts as a crime). 2. More or less people reporting crimes.
What are 5 reasons for not reporting crimes?
- Not detecting crime e.g. financial fraud. 2. Being embarrassed and not wanting others to know you’re a victim. 3. Being afraid the offender will seek revenge. 4. Lack of trust in the police and justice system. 5. Fear that they will be treated as a suspect.
What are 4 reasons for reoffending?
- No home and no job. 2. They may have become institutionalised; unable to survive outside the system. 3. May need to fund a drug addiction. 4. They may learn tricks of the trades from prisoners and carry out more crine.
What are some methods to prevent crime? (4)
- Increase visibility of police e.g. patrols or school. 2. Provide a high-quality education. 3. Provide counselling for drug or alcohol problems. 4. Provide positive opportunities e.g. youth clubs.
How can you reduce crime through protecting the public? (3)
- Security measures e.g. CCTV and alarms. 2. Neighbourhood Watch schemes. 3. Improving the community e.g. improved street lights.
How can we reduce crime though deterrence?
Prison takes away offenders’ freedom. Can be used alongside community service; fines or electronic tagging.
Who is prison used for?
Most serious offenders or repeat offenders.
Who are fines used for?
Less serious offences e.g. driving or theft.
Who is community service used for?
Less serious; non violent crimes.
Who is electronic tagging used for?
Part of prisoner’s terms.
How many hours for community service?
Up to 300
What is restorative justice?
Offender hears impact on victim and apologises.
Who is restorative justice used for?
Young offenders 10 - 17.
What are some reasons for and against deterrence?
For: fear deters potential offenders. Against: prison numbers keep going up - 100,000 people.
What are some reasons for and against rehabilitation?
For: helps people become law abiding citizens. Against: reoffending rate is still high so impact is limited.
What are some reasons for and against retribution?
For: offenders deserved to be punished if they break society’s laws; only way they will learn and justice is served. Against: counter productive as little to change behaviour; offenders become more resentful and reoffend.
What are some reasons for and against restitution / restorative justice?
For: only fair that they give back. Against: seen as the softer option.
