Unit 4 crime and punishment - all questions and answers for the written exam
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Course
Crime and Punishment
Institution
WJEC
Questions and answers for the written exam during year 2 of WJEC level 3 Applied Diploma in criminology (the same for certificate in criminology).
Unit 4: crime and punishment including LO1, LO2, LO3, LO4 from AC1.1 to AC3.4
Outline the process used by government to make laws (4)
Before the Government proposes a Bill to Parliament, responses to the
proposal are collected in the form of a Green paper where feedback is
given and then the firm proposals are presented in the form of a White
Paper. The Bill is then presented to Parliament, it can enter either
House of Parliament and will follow a series of stages such as the first
reading, second reading, committee stage, report stage, third reading
and this is passed over to the other House where it will follow the
exact same process. A Bill may move backwards and forwards between
the two Houses before agreement is reached, so this stage is
sometimes called “ping pong”, it is a series of debates and voting in
order for the Bill to be right. Once voted on by Parliament, the Bill is
given Royal Assent by the Monarch and a Commencement date is
given for it to take effect such as the Theft Act 1968 or the Police and
Criminal Evidence Act 1984
Describe judicial involvement in law-making [4]
Judicial precedent or judicial law making is law made by the judges in
the courts. When a case appears before the judges, they must make a
judgement based on the facts and this forms law. This law then is set
as precedent and must be followed in future cases by the courts in the
hierarchy. If there is no case of similar fact then the judgement a judge
comes to will be seen as original precedent. E.g. the legal principle in
the case of Donoghue v Stevenson of holding the manufacture liable
was followed in the case of Daniels v White where the case was slightly
different by the same principle was applied. Another form of judicial
law making is via statutory interpretation; the judge in the higher
courts may also need to interpret words and phrases to ensure that
the law is correctly applied. A judge has a variety of rules that can be
used to aid interpretation :literal rule, the golden rule, purposive
approach and the mischief rule. E.g. the mischief rule was used in the
case of Smith v Hughes to implement Parliament’s intention of
preventing prostitutes from soliciting-causing public disturbance.
Describe the due process model of justice, using examples in your
answer [4]
The most important function of criminal justice is to provide due
process, or fundamental fairness under the law. Criminal justice should
concentrate on defendants' rights, not victims' rights. Police powers
should be limited to prevent official oppression of the individual. This
model is subject to the principle that the defendant is innocent until
proven guilty. It relates to the left realist approach of criminality with a
focus on the inequalities created by capitalist society. This model has
support from various areas of law such as the Police and Evidence Act
ensuring suspects are treated fairly and also the Human Rights Act.
Cases that have used this model are Sion Jenkins who was allowed to
use his right to appeal his conviction twice, therefore guaranteeing his
rights. Gary Weddell was granted bail for a murder charge despite the
CPS’ protests, his statutory rights of bail was upheld. Both cases
demonstrate that the rights of the defendants during investigations
need to be upheld to avoid miscarriages of justice.
,Relationships with the police:
Courts- to ensure that the defendants who are in custody are brought before
them so that they can plead and be charged if pleaded not guilty. Police
officers can also give evidence in court for cases to provide an insight to the
case and the crime.
Probation service- they help with the management of an offender after they
have been released back into the community on license. Police and probation
services attend MAPPA (Multi-agency public protection arrangements)
meetings to assess and report on an offender’s risk to the public
CPS- this is because the police investigate and gather the evidence for the CPS
and they work closely with the CPS in charging the offender and whether or
not prosecution should take place.
Campaigns for change- To help implement the new laws and make sure that
they can help govern the new laws that have been developed such as Sarah’s
Law and Clare’s law.
Relationships with the ministry of justice:
Various organisations- to ensure the effective implementation of prison
sentences and the
Prison- MOJ ensures that the prison system encourages offenders to turn
their life around to ensure reformed behaviour when offenders are released.
Probation service- Once offenders are released, they are on probation and the
MOJ manages the probation officers and ensures that there are effective
systems in place. They’re responsible for providing a transparent, effective
and responsive justice system, and are supported by agencies and public
bodies that make sure everything the Probation services does meets high
standards and ties into government policy.
HMCTS- sponsored by the MOJ which means that they work together to
ensure that the Courts are upholding the principles and values of the state
but also that the judiciary is carrying out its duties effectively.
, Relationships with the HM courts and tribunals
Police- can give evidence in court. They also bring the offender to the court
and arrest offenders who commit crime whilst on probation and bring them
before the courts to be sentenced again
CPS- will prepare and present cases in court and the judges decides if the
prosecution should go ahead
Prison- once judge passes the sentence, prison will ensure the offender
completes that Where there is a breach of a community/probation order, the
offender may be returned to court for further sentencing and a possible
prison sentence.
Sentencing Council- provide guidance on sentencing through documents and
updates on offences to ensure the correct sentence is being passed down by
the courts for the offender (to also help prevent unduly lenient sentences)
Relationships with the CPS
Police- will investigate a potential crime and liaise with the CPS regarding
charge. The police will ensure arrested suspects held in police custody are
brought before the courts. They will also arrest a prisoner recalled whilst on
probation and ensure their return to prison. The CPS will advise the police
during the early stages of an investigation. They will review cases submitted
by the police for prosecution,
Courts- prepare cases for court and present those cases at court. In each case
reviewed, the prosecutor will consider whether there is sufficient evidence
and, if so, whether the public interest requires a prosecution. The CPS will
also carry out the advocacy for hearings in either the magistrates’ court or the
crown court. All cases will start in the magistrates’ court with summary
offences staying there for determination. Either way cases where trial by jury
is selected and all indictable offences will proceed to the crown court.
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