Week 4 - The Criminal Justice System Flashcards
What is a criminal offence
Dont have a criminal code, but there are key elements of a criminal offence
The most important elements of a criminal offence are:
- Actus rea - A guilty act - The unlawful conduct, fail to act is called an omission to act - failing to follow through the terms in a contract
Mens rea - A guilty mind - describes the state of mind that the defendant must have had when completing the act or omission
No defence - Ensure there is no defence ex. Self-defence - requires two elements
- Acted with an honest belief
- The force used a reasonable response
What are the three types of offences
Summary offences - Can be tried in the Magistrates Court
Either way Offence - Can be tried either in the Magistrates Court or Crown Court
Indictable Offence - Must be resolved by trial in the Crown Court
Prison and Probation
- Responsible for carrying out sentences given by the courts, in custody and in the community and rehabilitation through education and employment
The home office
The lead government for crime and the police and other matters
The Attorney General
The chief legal advisor to the government
Theories of Criminal Justice
Due process model - Aims for a just process through fairness and rules to protect the accused
Crime Control Model - Aims primarily for controlling crime
Rehabilitation model - Aims for rehabilitation of the offender
Restorative Justice Model - The aim is that the offender recognizes their responsibility and makes amends to the victims
Bureaucratic Module - Aims for the efficient management of the case and the criminal in the system
How long do the police have to charge or release someone
Types of Confession
The police have 24 hours to charge or release a person. questioning often lead to a confession
Induced confession - people confess to a less serious crime
Forced confession - people confess to a crime they have not committed
Before the Trial
Committing
- Reporting and recodring of the crime
Investigation
Give no further notice
- Action; give an informal warning; issue a simple caution; issue a conditional caution; refer to presecuting authorities
Decision to prosecute
Bail and Custody
If a person is charged, they may be detained (remanded) in custody or released on bail
- Bail may be granted at any stage by the police or courts
- Most people remanded in custody have increased
- Two types of bail: Unconditional and condition
Decision to prosecute
The main prosecuting authority is the Crown Prosecution Service (CPS)
Code for Crown prosecution sets out the principles upon which Crown Prosecution Service (CPS) prosecutors decide whether to prosecute or discontinue a case
What are the two tests for prosecution
Is there sufficient evidence to provide a realistic prospect of conviction
Is prosecution in the public interest
Ethnicity and Justice
Black people are more likely to be stopped and searched than white people
The Trial
Key functions of the criminal courts
- Determining guilt, deciding on the correct sentence, and ensuring the trial is fair
The Plea
- Guilty - where the defendant pleads guilty, the only function of the court is to sentence
- Not guilty - where the defendant pleads not guilty, the court must hear evidence, reach findings, and determine guilt and sentence, if guilty
Trial by jury
- Enabling decisions to be made by ordinary people
After the trial
- Fines/compensation, a community sentence or prison
- Parole - Sentences are subject to review by the parole Board and a convicted person may be released early
- Rehabilitation - The offender rehabilitation provided that every offender released from custody would receive statutory supervision and rehabilitation in the community and created the National Probation Service
Criminal Justice in crisis
Priorities for the new government
- The police are not resolving moist crimes and have lost the confidence of the public
- Criminal Courts cannot keep pace with demand and are becoming increasingly inefficient
- Prisons are facing a major capacity crisis
- The probation service is overstretched and cannot adequately manage caseload or risk
