Crime and Punishment: Law Making Processes and Judicial Interpretation Notes.

Unit Overview

  • Module Focus: Examines social control through the criminal justice system, law-making processes, and the values of the system.
  • Key Areas:
    • How law is made and operates.
    • Exploration of punishment purposes.
    • Evaluation of criminal justice agencies' effectiveness.

Law-Making Processes

1. Governmental (Parliamentary) Process
  • Two Main Bodies: Government and Judiciary.
  • Parliament Structure:
    • House of Commons: Where most bills originate; democratically elected members.
    • House of Lords: Limited power; largely scrutinizes bills from the Commons.
    • Monarch: Grants royal assent to legislation but has no real power over law-making.
2. The Passage of a Bill through Parliament
  • Key Stages:
    1. First Reading: Formal introduction without debate.
    2. Second Reading: Primary debate and vote on the bill’s principle.
    3. Committee Stage: Detailed examination, amendments proposed by MPs.
    4. Report Stage: Further discussion and possible amendments post-committee.
    5. Third Reading: Final debate and vote in the originating House.
    6. House of Lords Process: Similar to Commons; amendments may be applied.
    7. Royal Assent: Final step for a bill to become law.
3. Types of Legislation
  • Public Bills: Introduced by the government, affecting general public.
  • Private Members’ Bills: Proposed by MPs not in government, can be less successful.
4. Notable Criminal Statutes
  • Criminal Justice Act 2003: Addressed double jeopardy, initiated by public campaign.
  • Crime (Sentences) Act 1997: Introduced mandatory minimum sentences for repeat offenders.
  • Dangerous Dogs Act 1991: Criticized for focusing on breeds not behaviors.

Judicial Processes of Law-Making

1. Judicial Precedent
  • Definition: Law-making through past judicial decisions; maintains consistency in law.
  • Key Principle: Stare decisis - lower courts must follow decisions of higher courts.
  • Court Hierarchy:
    • Superior court decisions set binding precedents for inferior courts.
    • Exceptions: Judicial decisions can be distinguished (factual differences) or overruled (higher court changes previous rulings).
2. Statutory Interpretation
  • Judges decode the legislative text, which can be ambiguous. Four approaches include:
    • Literal Rule: Applies everyday meanings; causes potential absurdities.
    • Golden Rule: Allows modification of wording to avoid illogical outcomes; applied in cases like Adler v. George.
    • Mischief Rule: Focuses on the law’s intended purpose rather than strict wording, applied in Corkery v. Carpenter.
    • Purposive Approach: Evaluates broader intentions behind legislative texts using legislative history and debates.
3. Case Examples of Statutory Interpretation
  • Cheeseman v. DPP (1990): Acquitted due to literal interpretation (police not considered 'passengers').
  • Adler v. George (1964): Applied the golden rule to convict based on the absurdity of a strict interpretation.
  • Corkery v. Carpenter (1951): Misinterpretation of 'carriage' extended to bicycles based on mischief rule.

Summary and Review Questions

  • Understand the distinction between the two bodies responsible for law-making.
  • Familiarize with Parliament's structure and the significance of different stages in the legislative process.
  • Review notable cases and how established rules of interpretation were applied.
  • Questions to reflect on:
    • What is a bill, and what stages must it pass?
    • What is judicial precedent and its exceptions?
    • How do various statutory interpretation approaches affect legal outcomes?