Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

WJEC CRIM > UNIT 4 > Flashcards

UNIT 4 Flashcards

1
Q

What is parliament made up of

A

The monarch
The house of lords
The house of commons

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Green paper

A

Initial report to provoke public discussion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

White paper

A

Document setting out plans for legislation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

How many parliamentary stages of a bill

A

7

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

First reading (1)

A

Introduces bill.

Votes if allowed to move on to the next stage.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Second reading (2)

A

Main principles are considered.

Voted if it can be moved on.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

The committee stage (3)

A

Bill is examined in detail by small committee.

Committee reports back and whole house proposes changes.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

The report stage (4)

A

Mps consider report and debate and vote on amendments.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Third reading (5)

A

Third reading of bill.
Final chance for debate.
No changes allowed after.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

The lords (6)

A

Bill goes to house of lords thru the same process.

Ping pong.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Royal assent (7)

A

Bill gets royal assent.

Becomes a new law immediately .

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

E.G OF BILLS

A

The criminal justice act
The crimes sentencing act
The dangerous dogs act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Judicial precedent meaning

A

Source of law making where past decisions of judges create law for future judges to follow.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Distinguishing

A

A precedent from an earlier case is only binding if it has similar case facts.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Overruling

A

A higher court states that a legal decision in an earlier case is wrong and it is overruled.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

The literal rule

A

Judges should use ordinary meaning of words in the statue. However one issue is that a word can have many meanings.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

The golden rule

A

Sometimes the literal rule can have absurd results and the golden rule allows the court to modify the literal meaning.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

The mischief rule

A

Allows the court to enforce what the statue was intended to achieve rather than what the words actually say.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

The criminal justice system

A

Creates and administers laws.
Enforces laws.
The courts.
Punishment of convicted offenders.

20
Q

Law creation agencies

A

Parliament passes acts.

Judges create laws by setting judicial precedent.

21
Q

The police

A

Enforce the law

22
Q

The crown prosecution service

A

Advises police in their investigations about inquiries and evidence needed.
Assesses the evidence submitted.
Decisions are based on the full code test.
Prepares and presents the prosecution case.

23
Q

The courts

A

Magistrates and crown court.
Have the prosecution charging the defendant.
The jury decides the verdict.
The judge decides the sentence.

24
Q

HM prison and probation service

A

HM prison service - supervises offenders in custody.

The national probation service - supervises offenders who are serving their sentences on probation.

25
Q

The police have relationships with…

A

The courts - giving evidence of prosecution witnesses. Provide protection for vulnerable witnesses.
The CPS - providing evidence for the prosecution of offenders. Charging offenders.
HM prison and probation - police arrest prisoners who breach probation.
Voluntary organisations - referring victims and witnesses to victim support.

26
Q

The CPS have relationships with…

A

The police - advising on possible lines of enquiry and evidence collection.
The courts - charge and present prosecution cases.

27
Q

Government departments have relationships with…

A

The courts, prison and probation services.

The police

28
Q

HM courts and tribunals have relationships with…

A

Courts and judges - supervising the efficient running of court systems.
HM prison sentence - holding prisoners attending court.

29
Q

The national probation service have relationships with…

A

HM prison service ans parole board.

The courts - prepare pre sentencing reports on offenders.

30
Q

HM prison service has relationships with…

A

The courts - carrying out custodial sentences.
The police - facilitating interviews with prisoners.
The national probation service - liaising when a prisoner is to be released on probation.

31
Q

The crime control model

A

Crime is a threat to peoples freedom so the aim is to suppress crime.
Starts from a presumption of guilt.
Police should be free from necessary legal technicalities that prevent investigation.
Argues that is a few people are convicted by mistake it is a price worth paying for convicting large groups.
Links to right realism (zero tolerance) and functionalism (Durkheim’s functionalist theory that punishment reinforces society’s mora boundaries)
Emphasises rights of society and victims to be protected from crime rather than rights of suspect.

32
Q

The due process model

A

Power of state is biggest threat to individuals freedom.
Protect the accused from oppression by state.
Presumption of innocence.
Less faith in polices ability to investigate.
Guilty sometimes go free on technicalities. Argues that this is less evil than convicting innocent.
Emphasises rights of accused rather than victims or society.
Linked to labelling theory and left realism (oppressive militaristic policing of poor areas triggers confrontations and makes residents unwilling to help police)

33
Q

Miscarriages of justice

A

Collin stagg - Honey trap trick - falsely convicted of murder of Rachel Nickell.
Sally clark - wrongly jailed for death or 2 baby sons.

34
Q

Internal forms of social control

A

Controls over our behaviour that come from within ourselves. (Self-control)
Moral conscious or superego - Freuds psychoanalytical theory.
Tradition and culture.
Internalisation of social rules and morality.

35
Q

External forms of social control

A

Agencies of social control - E.G parents.
The criminal justice system - the police powers of stop and search, arrest or detain. The cps powers to charge a suspect and prosecute.
Coercion.
Fear of punishment.

36
Q

Control theory - Hirschi

A

The individuals bond to society has four elements:
- attachment - the more we are to others the more we cate about their opinions.
- commitment- how committed we are to conventional goals.
- involvement - more we are in law abiding activities the less time we have for criminal ones.
- beliefs - different beliefs say different things are good and bad.
Parenting - role of parenting creates bond that prevent young people from offending.

37
Q

Aims of punishment

A

Retribution - expressing societies outrage.
Rehabilitation- making offenders change their behaviour.
Deterrence - discouraging future offending.
Public protection
Reparation - making good from harm caused.

38
Q

Retribution

A

Linked to right realist theory such as rational choice.
However it can be argued that offenders deserve forgiveness.
It can also be argued that we don’t know what is just right or proportional to crime committed.

39
Q

Rehabilitation

A

Linked to individualistic theory such as eysnecks personality theory, cognitive theory and skinners operant learning theory.
Criticisms:
Right realists argue that rehabilitation only limited success.
Marxists argue that it doesn’t focus on how capitalism causes crime.

40
Q

Deterrence

A

Linked to right realism such as rational choice theory and situational crime prevention strategies.
Criticisms:
Little evidence that boot camps reduced youth offending.
Assumes offenders act rationally.

41
Q

Public protection

A

Linked to biological theories such as Lombroso.
Criticisms:
Incapacitation leads to longer sentences and long term warehousing of offenders.

42
Q

Reparation

A

Links to labelling theory.
Criticisms:
Reparation may not work on all types of offences.

43
Q

The police (effectiveness of achieving social control)

A 
Specialist policing. 
Offences of public concern. 
Inefficiency. 
Dropped cases. 
Racism and bias.
44
Q

The CPS (effectiveness of achieveing social control)

A

Evidence of success - around 80% dependents convicted.
Lack of effectiveness - lack of social control by prosecutions.
Lack of evidence disclosure.
“Too close with the police” - bias

45
Q

The Judiciary (effectiveness of achieveing social control)

A

Media images of the judiciary - seen as old white men (mainly right) - gender bias and are out of touch.
The unduly lenient sentencing scheme - if sentence seems too lenient court of appeals will appeal.

46
Q

The Prisons (effectiveness of achieveing social control)

A 
Staff cuts. 
Overcrowding. 
Drugs epidemic. 
Security. 
Safety within prisons.

WJEC CRIM (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions