Unit 4 - Crime And Punishment Flashcards
Judicial Precedent
When a point of law is established in a case, cases with similar facts must apply the same law
First Reading
The name and aims are read out and a formal vote is taken
Second Reading
The main debate and another vote
Committee Stage
A group of representatives look at the Bill to address any issues
Report Stage
The Committee report back who then vote on proposed amendments
Royal Assent
The Monarch signs the Bill to make it an Act of Parliament
Statutory Interpretation
Judges interpret words and phrases in the law
Crime Control Model
Punish criminals
Protect victim’s rights
Enhance police powers
Colin Stagg
Due Process Model
Innocent until proven guilty
Limit police powers
Protect defendent’s rights
Sion Jenkins
Rational Ideology
Internal form of social control
Your conscience
Your own feelings of right and wrong
Tradition
Internal form of social control
Religion or culture or upbringing
Social Rules And Morality
Internal form of social control
Society’s values
Coercion
External form of social control
The use of force.
Physical - Injury, imprisonment, death penalty
Non-physical - Strike, boycott
Fear Of Punishment
External form of social control
Individual deterrence - Prevent the offender from further offending
General deterrence - Prevent society from committing similar offences
Containment
Inner containment - Upbringing and family influence
Outer containment - Influence of society
The combination prevents deviation from social norms
Control Theory
Social bonds are required to prevent offending Attachment to parents and peers Commitment to goal accomplishment Involvement with social activities Belief in society's values
Aims Of Sentencing
Retribution, rehabilitation, deterrence, public protection, reparation, denunciation
Retribution
Payback/revenge.
Rehabilitation
Reform offenders. Change their mindset.
Deterrence
To put the offender or society as a whole off of committing the crime
Public Protection
Also known as incapacitation. Protect the public from criminal behaviour
Reparation
Compensation to the individual or society as a whole. Giving back.
Denunciation
Reinforcing that society views something as wrong
Absolute Discharge
For minor offences. Found guilty but no punishment is given
Conditional Discharge
For minor offences. Found guilty but no penalty is given if no further crime is committed. If further crime is committed they can be charged for the original and new offence
Aims Of The Police
Reduce crime and maintain law and order using the statutory powers of arrest, detention, search and interview
Funding Of The Police
Government funded
Working Practices Of The Police
Officers who are responsible for general beat duties and respond to calls from the public. There are specialist operations in the police such as anti-terrorism
Aims Of The CPS
Decide which cases are prosecuted, present the case in a courtroom and determine appropriate charges.
Funding Of The CPS
Government funded. Sale of criminal assets.