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13D-CR > UNIT 4 > Flashcards

UNIT 4 Flashcards

1
Q

Judicial Precedent

A

Where the Judge can make a law in court to apply to a particular case. This sets the precedent for other similar cases and must be consistent after it has been declared

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2
Q

Statutory Intepretation

A

Where the Judge can interpret a pre- existing law if the terminology is ambiguous or can have other meaning.

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3
Q

Role of Police

A

Make arrests if the see a crime in action

Work w/ Courts to ensure defendants attend

Can give evidence in court

Work with probation for managing release

CPS to charge and prosecute

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4
Q

Role of the Ministry of Justice

A

To oversee all the work of the agencies, ensuring it runs smoothly

Deal with legislation and guidelines for the CJS

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5
Q

Role of HM / Tribunal services

A

Contribute to law creation

Ensure safe transport of prisoners

Provide alternatives if people cannot aren’t court- including video links

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6
Q

Role of the Crown Prosecution Service

A

Advise police on charging a suspect

Appear in court- advocacy of case

Work with police to check evidence

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7
Q

Role of the Probation Services

A

Police to recall offender if needed

Overseeing those on parole

Liases with police to support released offenders

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8
Q

The Due Process Model

A

Presumption of innocence

Protecting defendants rights

Police power limited

Safeguard against wrongful convictions

‘Obstacle Course’

Left Realist Approach

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9
Q

The Crime Control Model

A

Quick disposal of cases

Zero tolerance

Rights to victims > defendants

‘Conveyer Belt’

Right Realist Approach

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10
Q

Rational Ideology

A

An idea of belief

Conscience / guilt

Guides to reach a solution

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11
Q

Tradition

A

Customs / norms to ensure conformity

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12
Q

Internalisation

A

Working out what is right / wrong based on social values

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13
Q

Coercion

A

Physical / non-violent behaviour to persuade

Threats to loss of liberty

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14
Q

Retribution

A

Punish offender on a relative level to the crime committed

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15
Q

Rehabilitation

A

Reintroduce offenders in society

Alter mindset

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16
Q

Public Protection

A

Use to society to protect from danger

17
Q

Denunciation

A

To show that society disapproves of their behaviour

18
Q

Control theories

A

Walter C. Reckless

Travis Hirschi

19
Q

Walter C. Reckless

A

Inner Containment - upbringing and influence from family

Outer Containment - influence from social groups

20
Q

Travis Hirschi

A

Attachment- to parents

Commitment - to future goals

Involvement - with social activity

Belief - in societies values

21
Q

Aims of punishment

A

Punishment of offenders

Reduction of crime

Reform and rehab

Protection of public

Reparation by offenders

22
Q

Imprisonment

A

serving mandatory sentences

monitoring and restrictions.

Protects public whilst in but likely to reoffend once released

23
Q

Community Sentences

A

Combined punishment with gains for the community

Unpaid work

On the decrease

24
Q

Fines

A

minor offences

provides deterrence

not always affective as not seen as threat

25
Q

Discharges

A

First time offending- ‘let off’

Further offending can lead to a higher sentences

26
Q

The Prison Reform Trust (1981)

A

Charity / Pressure group

Create human, effective penal system

27
Q

Environmental Design

A

To impact criminality

Closed / gated communities

Open spaces

Low level bushes

28
Q

Positives of Environmental design

A

Promotion of ownership

Feel of community

29
Q

Negatives of Environmental Design

A

Criminals don’t always hide - e.g: graffiti

Crime will be displaced

30
Q

Prison Design

A

Traditional Pantopticon prisons

American Supermax prisons

31
Q

Judiciary effectiveness

A

Increasing appeals

Ineffective as Judges may be out of touch with society

32
Q

Prison Effectiveness

A

Poor record for reoffending 44% in one year

Control not maintained inside prisons

Only works to ‘protect public’

33
Q

Probation Effectiveness

A

Focused on paper work not prisoners

Too many prisoners released with no support

Not enough mentoring

34
Q

Prison Reform Trust Effectiveness

A

Mental health

Launching ‘care not custody’

35
Q

Role of The Prison Service

A

Work with probation service

Lawyers may ask for prison visits

Defendants denied bail by courts

Judge and courts decide prison terms

36
Q

Role of Courts and Sentencing Council

A

Contributes to law creation through judicial precedent

Liase with police and prisons

Arrange video links

Prisoners pending court hearing

37
Q

case of Daniels v White

A

when drinking lemonade he felt a burning sensation in his throat- it was found to be a corrosive substance (metal)

when suing for compensation they used a previous case even though the facts were slightly different, the principle was the same - it was suitable for precedent

13D-CR (4 decks)

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