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AC1, AC2 - Coggle Diagram
AC1
AC1.1- processes used for law making
gov processes
Parliament democracy- majority of the law is made by consultation, debate and voting
The House of Lords(HOL)- 800 peers (members) - 92 hereditary peers (family line) and 26 life peers and church England bishops and archbishops
The House of Commons (HOC)- most important part of Parliament- made up by the elected representations of the people- 650 MP's elected at a general election to represent a consituency
The Monarch- king/queen give royal assent to laws (approves the new law
white paper consultation stage- green paper
first reading- either HOL/HOC
second reading
committee stage
report stage
third reading
lords stage
1 more item...
judicial processes
Judicial precedent- judge can set a precedent n a case- precedent(law) has to be followed by judges dealing with similar cases. this creates certainty, consistency and fairness in the legal system.
the set precedent doesn't need to be followed in two cases; distinguishing- if the judge finds the facts of the case differ enough that the precedent can't be used, or overruling- higher courts can overrule precedents from lower courts is the feel it is wrong (e.g. the law on marital rape)
Statutory interpretation- judges can make laws by the way they interpret the statutes of acts of parliament. statute- written law for judges to interpret the meanings of its words and apply them to the case they are judging.
various rules of statutory interpretation- Literal Rule, The Golden Rule and The Mischief Rule.
AC1.3 describe models of criminal justice
Crime control model
quick and efficient disposal of criminal cases + prioritises on catching and punishing offenders, deterring and preventing them from committing further crime.
protecting rights of society and victims rather than the rights of suspects + trusts the police fully. believes in bad character
Argues that if a few innocent people are occasionally convicted by mistake this is a price worth paying for convicting large numbers of guilty people.
right-wind , conservative approach, functionalism- punish offenders, strengthen social cohesion + reinforce societies moral boundaries
Due process model
protect the accused from oppression + presumption of innocence. The accused is innocent until proven guilty after a fair trial. give offenders the benefit of doubt + believe in rehabilitation
has less faith in the police abilities + make it difficult to convict offenders with no strong evidence
emphasises the rights of the accused individual rather than those of the victim or society.
Left realism
AC1.2 Organisation of the criminal justice system
CJS
HM Courts
works w; prison- hold offenders before + during + after court(if found guilty), courts (judges)- support in trial in order and fairness
Probation Service
works w; prison (parole board)- supervise offenders on probation(released on license), courts- prepare reports on offenders +supervise offenders given community sentences + supervise drug tests
The CPS
works w; police- advise on crime scenes + evidence to build a case +charging suspects, courts- prepare + present case against offender + prepare case appeals(charges + sentences)
HM Prison Service
works w; courts- carry out sentences court imposes +,supervising defendants who remanded unto custody (bail refusal) + allow lawyers to see defendant in prison, police- do interviews w prisoners during police investigations, probation- keep watch of offenders on license, voluntary organisations- victim support (charity setup) to help victim through investigation +trial
The Police
works w; courts-transport, CPS-case evidence/charging, probation-recall those on probation(if conditions not followed), voluntary organisations-victim support
means the network of government and private agencies that manage accused and convicted criminals.
AC2
AC2.1- explain the forms of social control
Social control involves persuading or compelling people to conform to society’s norms, laws and expectations. Society has various means of achieving control over its members’ behaviour, which we can group into two main forms:
-Internal forms of social control
-External forms of social control
Internal social control
These are controls over our behaviour that come from within ourselves.
we conform to the rules of society because we feel that internally its the right thing to do.
3 types of internal social control-
-moral conscience
-tradition and culture
-internalisation of social rules and morality
moral conscience (super/ego)
according to Freuds psychoanalytic theory, we conform to societies expectations and rules because our superego tells us to
our superego tells us what is right and wrong and inflicts guilt feelings on us if we fail to do as it urges us
allows us to maintain self control to not behave anti-social or commit crimes
tradition and culture
the culture we belong to also becomes apart of us through socialization
we accept the values, norms and traditions we are brought up in as part of our identity
internalization of rules and morality
all things come together and become apart f our inner self or personality despite them starting off as things outside of us
we do this through
socialization
which internalizes rules through interactions with people in a social group and institutions
society's rules become our moral code as a result we conform to society's rules
rational ideology
is the term to describe the fact that we internalize social rules and use them to tell us what is right and wrong that then enables us to keep within the law
External social control
society has forms of control that aim to ensure we conform to expectations and rules society does this through; coercion ,fear of punishment ,agencies of control, social groups and the criminal justice system
Fear of punishment
agencies of social control
are organizations or institutions that impose rules on us in an effort to make us behave in certain ways which includes our family, peer groups and the education system
they can also be positive sanctions for those who conform such as in school a hardworking student may get a reward which helps to impose social control as other students may work hard to get the same reward
Coercion
the use of force in order to make someone do (or stop doing) something
this can be psychological or physical violence, or other forms of pressure
-negative sanctions of the CJS are examples of coercion : sending someone to prison for stealing is a form of coercion aimed at preventing further offending
the criminal justice system
are things such as the police, the CPS, judges, magistrates and the prison services
the police
Have the powers to stop search arrest, detain and questions suspects
The CPS
Can charge a suspect and prosecute them in court
judges and magistrates
Have powers to bail the accused or remand them in custody, and to sentence the guilty to a variety of punishments
the prison service
Can detain prisoners against their will for the duration of their sentence, and punish prisoners’ misbehaviour
Control theory
-asks why do people obey the law
-they say that people conform because they are controlled by their bonds to society which keeps people from deviating
Hirschi argues that 'delinquents acts occur when individuals bond to society is weak or broken'
Travis Hirschi
-people conform because they are controlled by their bonds to society which keep them from deviating
-suggests that individuals bond to society through four elements:
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attachment-
we attach- care about them and opinions of us- respect their norms- makes us less likely to break norms/rules
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commitment-
the more committed we are to conventional goals of our society the more risk of losing it by being involved in crime
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involvement-
more involved in conventional law-abiding activities- less time and energy we have to commit crimes
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beliefs-
if we have been socialised to believe it is right to obey the law we are less likely to break it
control theory- the role of parenting
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