criminology- unit 4

Gov 2 main sources of law

parliament and judiciary

Uk- parliamentary democracy

most laws made by passing acts of parliament

laws are made as

statutes or legislation

parliament is made of 3 parts

monarch, house of lords and commons

house of commons made up of

elected reps of public

house of lords role

acts as double check on new laws from commons

in past house of lords peers were

hereditary positions

today no. of hereditary peers

88- rest are life

role of gov

run the country, formed by a political party with majority elected mps

1. green paper

stage before proposal is put to parliament, initial report provokes public discussion on bills subject

2. white paper

after consultation gov publishes detailed plan for legislation, includes draft version of bill

3. first reading

gov introduces to commons, formal announcement followed by vote for next stage

4. second reading

main principles considered and debated by house, votes taken, if gov wins moves to next stage

5. committee stage

bills examined in detail by smaller mp group, report back to house with proposed changes to bill

6. Report stage

Mps consider committees report, debate and vote on it. For major bills is debated over several days

7. Third reading

final chance for commons to debate contents of bill, no changes made. House votes to pass bill/ reject it

8. The lords (other house)

same stages as commons, mps in commons accept/ reject lords ammendments. commons has final say

9. Royal assent

once passed both houses, monarch signs agreement to make bill into law. comes into force asap

judicial precedent follows

stare decisis- if similar case facts for consistency and fairness

2 exceptions to judicial precedent

distinguishing and overruling

statutory interpretation

judges can make law from way they interpret statutes

3 main interpretation rules

literal, golden and mischief

main parts of cjs

law creation/ admin, law enforcement, the courts and punishment of convicted offenders

5 organisations

law creation, police, cps, HM courts and tribunal service and HM prison and probation service

HM court and tribunal service role

admin of courts and tribunal service, where pre-trial bail/ legal aid is decided and pleas

probation service

supervises offenders serving their sentences in community including released on license

aim of crime control model

punish criminals and stop reoffending, believes police should have enhanced powers to ensure conviction

crime control starts from

a presumption of guilt , trusts police ID those proabably guilty

crime control theory

functionalism and right realism- zero tolerance policing policies

aim of due process model

limit police to prevent opression of individual, justice system should safeguard rights

due process starts from

a presumption of innocence, accused is innocent till proven guilty

due process theory

Labelling and left realism- cooperation of community is most effective

environmental design 2 key ideas

crime results from oppurtunities by environment and its possible to alter physically to prevent

how environmental design can reduce crime- 3

open spaces, lack of hiding places and gated lanes

cpted and theory

SCP- target hardening and rational choice theory