Unit 1 Flashcards
Where is a jury used
In crown court when the defendant pleads non guilty
What’s are the jury and magistrates called ?
Lay - people
(Not legal professionals)
What typically where magistrates in the 19th century
Upper class white men which where land owners
Which court are most cases brought to
Magistrates as crown court only take on the most serious
Which court do under 18s attend
Magistrates youth, except when serious crimes are committed like murder or manslaughter
Which year where women aloud to practice law
1919
What is the cps
Crown prosecution service
What is the harm principle
Philosopher & politician John Stuart mill in 1859
“The only purpose for which power can rightfully be exercised over any member of a civilised community against his will is to prevent harms to others”
The word omissions means
Failing to do something
Do England and wales criminalise omissions?
No they do not, although there are some important exceptions
What defines a victim
( ministry of justice 2015 ) defines a victim as somebody who had suffered physical, mental, emotional harm or economic loss which was directly caused by a criminal offense or a close relative of someone who’s death was cause by a criminal offense
Business and organisations may also be victims of crime
4 categories of male prisons
Training prisons
Open prisons
Local prisons
High security prisons
What is a suspended sentence
A suspended sentence is when the person does not actually go to prison as long as they commit no further offences over a set time period
What is a community sentence
Participating in unpaid work in the community or supervision by a probation officer or participating in a alcohol or drug treatment programme
What is a fine ?
(Type of sentencing)
A financial penalty paid to the court
Examples of Types of disqualifications
(Sentencing)
From a activity such as driving
Or
From being a company director
Example of types of orders you get within sentencing
An order relating to treatment for mental illness
What is a conditional discharge
(Sentencing)
The person is not punished for now but if they commit a further offence within a certain amount of time they will be punished for the current offence
Retribution =
The punishment of offenders
Deterrence
The reduction of crime
Rehabilitation =
The reform and rehabilitation of offenders
Incapacitation =
The protection of the public
Reparation =
The making of reparation by offenders to persons effected by their offences
Sentencing process =
Found guilty or pleaded guilty
Sentenced immediately or adjourned to a later date
Sentenced by a magistrate or district judge in a magistrates court or judge in a crown court
Why is a court case adjourned?
A court case is adjourned to get extra information for the most suitably sentencing for example -
Specialist reports off a probation officer to understand your background and likelihood to reoffend
Or
Psychiatric reports
Or more information off the prosecution or defence lawyer
What does a prosecutor do in a court case
When pleading guilty the prosecution will outline the the facts of the case and highlight significant features of the offence like aggravating offences
Give examples of aggravating features
Committing a similar offence
Victim being vulnerable
Or being a pre meditated crime
Examples of Mitigating factors
Spur of the moment
Minor role in the crime
Never been in trouble before
Main carer for children
Addressing the problem which led them to offend for example attending drug rehabilitation
Who are the sentencing guidelines made by ?
Sentencing council
How do you discover a sentencing range
Dependant on the the level of culpability
And the level of harm
How do you discover a sentencing range
Dependant on the the level of culpability
And the level of harm
