Civil liberties and Legal Barriers

What are civil liberties in relation to social control? (4)

• Rights and freedoms granted to citizens

• Limits how far the state can go in controlling individuals

• Aim to secure fairness, justice and equality

• Can restrict crime control measures

How does the criminology theory of Marxism link to civil liberties? (4)

• Prevent abuse of power by authorities

• Ensure rules are applied fairly

• Protect individuals from wrongful punishments

• Balance crime control with human rights

How does the criminology theory of Marxism link to civil liberties? (4)

• Prevent abuse of power by authorities

• Ensure rules are applied fairly

• Protect individuals from wrongful punishments

• Balance crime control with human rights

How does human rights impact deportation decisions? (4)

• Offenders may avoid deportation if at risk abroad

• Courts must consider safety and rights

• Can allow offenders to remain in the UK

• Limits government control over immigration enforcement

Why is the Abu Qatada case significant?

• Government tried to deport him for terrorism links

• Deportation blocked due to human rights concerns

• Risk of unfair/torture abroad

• Shows human rights can override security concerns

How are police powers limited by law? (5)

• Must follow strict legal rules when gather evidence

• Detention and questioning are time-limited (usually 24 hrs without charge)

• Warrants are often required for searches

• Must respect individual rights

• Prevents abuse of power but can slow investigations

What act was designed to balance the powers of the police?

• Police and Criminal Evidence Act 1984 (PACE)

What does the Christopher Halliwell case show about legal barriers? (5)

• Police failed to follow proper procedures (PACE rules)

• Evidence (confession) was ruled inadmissible

• Prosecution was weakened despite strong suspicion

• Officer faced consequences for misconduct

• Shows how legal safeguards can limit successful convictions

How does the CPS Full Code Test affect prosecutions? (4)

• Cases must pass two tests (evidential and public interest test)

• If either test fails - case is dropped

• It prevents weak/unfair prosecutions

• May allow offenders to avoid trail - limits social control

Why are rape cases difficult to prosecute? (5)

• Often limited or weak evidence

• Relies heavily on victim testimony

• CPS may decide there’s no ‘realistic prospect of conviction’

• Many cases fail the evidential test

• Highlights how legal safeguards can restrict justice and social control