Citizenship Theme C

• Life would be chaotic and unorderly without laws, which is why we need them
• It is important to have laws to protect society, especially minority groups (such as few religious groups) and those vulnerable (young people and elderly people)
• Innocent Until Proven Guilty - This means the prosecution must present evidence to show athe person is guilty beyond reasonable doubt
• If someone feels their human rights have been violated they can take legal action against the government
• Civil Law covers private matters between individuals. These matters can include things such as:

  • Defamation of character
  • Legal disputes relating to property ownership
  • Divorce
  • Custody of Children
• Criminal Law covers crime or offences such as:

  • Murder
  • Assault
  • Theft
  • Vandalism
• Small Claims Court - a local court, which hears civil cases involving smalls mounts of money
• Magistrates' Courts - deal with minor criminal offences and some civil cases
• High Court - deals with serious crimes and major civil cases
• Judicial Review - A process by which courts review decisions made by other bodies (such as governments) to ensure those decisions are lawful
• Magistrates can only give a handful of sentences such as:

  • Prison up to 6 months
  • Community sentences
  • Antisocial Behaviour Orders (ABOs)
  • Criminal Behaviour Orders (CBOs)
  • Fines
  • Discharge - conditional/absolute
• Mitigating factors - any information or evidence presented that may result in reduced changes or a lesser sentence
• Aggravating factors - any fact/circumstance that increases the severity of the criminal act. This may snow the change more serious
• Tribunals are often used to resolve work-based problems

  • Tend to be less formal
  • Rulings are legally binding
• Ombudsman - and official who is charges with representing the interests of the public by investigating and addressing complaints of maladministration or a violation of rights.

  • Independent
  • Free of charge
  • Not biased
  • Can recommend what action to take next (if your complaint was justified)
• Mediation can be used to resolve all sorts of disputes.
• A mediator doesn't take one side or the other they will help both sides to work out an agreement

  • Quicker than going to court; fairness will be arrived at sooner
  • Cheaper, saves money
  • Less formal, less intimidating
  • Meow private/confidential; helps both parties especially if it's a sensitive subject
• Restorative Justice is an approach to justice first used in South Africa after Apartheid
• Restorative Justice is an approach to justice that aims to repair the harm done to victims
• People commit crimes because of:

  • Greater inequality between income & education
  • Drugs and alcohol affect the way people behave
  • The environment
  • The area
• Crime rates in society nay increase because of:

  • Poverty
  • Lack of opportunity
  • Lack of deterrence
  • Lack of policing
  • More opportunities for crime
  • Lack of/increase in crime rates
• devolution, the transfer of power from a central government to subnational (e.g., state, regional, or local) authorities.