Unit 4

• What stages does a Bill go through on its way to becoming law?

  Bill may start either in the Commons or the Lords.

  First reading

  Second reading (debate and vote)

  Committee Stage

  Report Stage (Committee reports to the House)

  Third reading (debate and vote)

  All of the above repeated in the other House.

  Royal Assent

  The Bill then becomes an Act of Parliament.
• Judicial Precedent


  Law made by judges. When deciding cases, judges must follow judgements in previous similar cases. Lower courts must follow higher courts.
• What was the precedent from Donoghue v Stevenson (1932)

  Donoghue v Stevenson: Mrs Donoghue suffered nervous shock upon discovering a decomposed snail in her bottle of lemonade. The court decided that the manufacturer of the lemonade owed a "duty of care" to Mrs Donoghue.
• Statutory Interpretation


  Judges create law when they interpret the wording of statutes.
• Whitely v Chappell (1868)

  (an example of statutory interpretation)

  The defendant was charged with the offence of "impersonating any person entitled to vote". The defendant had pretended to be a person not on the electoral register because the person had died. The court held that the defendant was not guilty because dead people are not entitled to vote.
• What is the relationship between the following agencies of the criminal justice system?

  - Police

  - Ministry of Justice

  - HM Courts and Tribunals Service

  - Crown Prosecution Service

  - National Probation Service

  - Sentencing Council

  - Campaigns for change


  - Police: They work with the CPS to bring prosecutions. Police officers often give evidence in court.

  
  

  - Ministry of Justice: Oversees the work of the courts, probation and prison services.

  
  

  - HM Courts and Tribunals Service: Judges create law through judicial precedent and statutory interpretation.

  
  

  - Crown Prosecution Service: They advise the police on charging suspects.

  
  

  - National Probation Service: They liaise with the police if a prisoner needs to be recalled to prison. They oversee prisons who have been released on licence.

  
  

  - Sentencing Council: They work with the judiciary to produce guidelines for sentencing.

  
  

  - Campaigns for change: The Sarah's Law campaign liaised with the police to introduce the sex offenders disclosure scheme. The Bobby Turnbull anti-gun campaign liaised with the police in changing gun licensing.
• Due Process model of criminal justice

  The justice system should safeguard the rights of the individual to reduce the chance of wrongful conviction.
• Presumption of innocence


  A person should be presumed innocent until proven guilty.
• How does the law support the due process model

  All interviews are now recorded.

  
  

  Suspects have a right to legal representation.

  
  

  PACE (Police and Criminal Evidence Act)
• Examples of cases investigated using the due process model


  Sion Jenkins: He had a right to an appeal and a retrial.
• Crime Control Model

  The priority is to punish criminals and to stop them committing further crimes. It supports enhanced powers for the police and prioritises the rights of victims over those of suspects.
• Examples of areas of law that support the crime control model

  "Bad character" evidence can now be used, meaning that courts can consider previous convictions when considering a verdict.

  
  

  Removal of double jeopardy rules.

  
  

  Extended pre-charge detention for terrorist offences.
• Examples of crimes investigated using the crime control model

  Colin Stagg and Barry George: Arguably, the strong public reaction led to the demand for the case to be solved as quickly as possible.
• Internal forms of social control

  Rational Ideology: Your conscience or anxiety gives you feelings of guilt.

  
  

  Tradition: Religion or culture.

  
  

  Internalisation of social rules: Knowing what is right and wrong on social rules.
• External forms of social control

  Coercion (the use of force)

  
  

  Fear of punishment
• Individual and general deterrence

  Individual: Punishments imposed on offenders to prevent them committing future crimes.

  
  

  General: The fear of punishment which prevents others from committing crime.
• Mandatory Minimums


  Examples:

  - Mandatory life sentence for murder.

  - The "Three strikes and you're out" rule (in the USA) where a third conviction for a violent crime gets a life sentence.
• Control Theory


  Control theories try to explain why people do not commit crimes. They believe that people require nurturing to develop attachments or bonds which are key in producing internal controls, e.g. a conscience.
• Walter C. Reckless ("Containment")

  A combination of internal and external containment prevents people committing crimes.

  
  

  Inner containment: The influence of our upbringing.

  
  

  Outer containment: The influence of the police and the law.
• Travis Hirschi (Four types of social bonds)


  He believed that it is important for people to form social bonds to prevent criminal behaviour.

  
  

  Attachment: Positive relationships with parents, schools and peer groups.

  Commitment: Commitment to future goals, e.g. having a good job and a nice house.

  Involvement: Involvement in social organisations and activities.

  Belief: Belief in society's values.
• What are the aims of sentencing?

  According to the Criminal Justice Act (2003):

  - Punishment

  - The reduction of crime

  - Reform and rehabilitation

  - Protection of the public

  - Reparation
• Retribution


  Aiming to punish an offender. It contains an element of revenge. It is backward-looking.

  
  

  Example: sentences for theft.
• Rehabilitation


  Reforming offenders so they can be reintroduced into society. It is forward-looking.

  
  

  Example: Community service.
• Deterrence


  Aims to dissuade the offender, or anyone in society, from committing crimes through fear of punishment.

  
  

  Example: Sentences after the London riots.
• Incapacitation (public protection)


  The idea that some punishments serve a useful purpose because it protects the public from people who are dangerous.

  
  

  Examples: Imprisonment, castration of sex-offenders in the USA.
• Reparation


  Getting the offender to pay back to the victim or to society.

  
  

  Examples: Payments of a sum of money to the victim, repairing damage, meeting face-to-face.
• Conditional discharge/Absolute discharge


  Conditional: If the offender reoffends during a set time period, the courts can impose a different sentence.

  
  

  Absolute: No penalty is imposed. It is used in the rare cases where a person is technically guilty but morally blameless.
• Does imprisonment meet the aims of punishment?

  Life sentences provide retribution (the offender gets his "just desserts".

  
  

  Indeterminate life sentences protect the public because such people will never be released.

  
  

  Releasing prisoners on licence could help rehabilitation.
• Parole board


  An independent body which carries out risk assessments on prisoners to determine if they can safely be released into the community.
• Do community sentences meet the aims of punishment?

  Three quarters of people sent to prison had at least one previous community sentence, suggesting that community sentences are not effective at preventing reoffending.
• Do financial penalties (i.e. fines) work?

  61% of fines are either written off or remain uncollected. Many fines are written off because offenders cannot be traced.
• PCSOs (Police and Community Support Officers)


  People who give up their spare time to support the police. They work on the frontline tackling anti-social behaviour.
• Special Constables


  Volunteers who have full police powers.
• Police and Crime Commissioners


  There are elected commissioners for each region of the country, who are supposed to be the voice of the people and hold the police to account.
• What are the functions of the CPS (Crown Prosecution Service)?

  To decide which cases should be prosecuted.

  
  

  To determine appropriate charges.

  
  

  Prepare cases and present them in court.

  
  

  Support victims and prosecution witnesses.
• What two tests are used by the CPS when deciding if a case should be brought to trial?

  Evidential test: Is there enough evidence against the defendant to provide "a realistic prospect of conviction"?

  
  

  Public interest test: Is it in the public interest to bring a prosecution?
• Judicial Independence


  Judges must make decisions solely on the basis of law, evidence and facts.
• Aims of the prison service

  To provide punishment in the form of deprivation of liberty.

  
  

  To attempt to rehabilitate prisoners so they can return to society.
• Privileges in prison


  All prisoners enter prison at standard level. Through good behaviour, they can earn privileges such as having a TV in the cell.
• Aims of the probation service

  It aims to supervise and rehabilitate high risk offenders who have been released into the community.