Fairness and Justice in the Law.

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The Universal Declaration of Human rights was written in?
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The Universal Declaration of Human rights 1948 was written by?
United Nations at the end of World War II
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In a move to ?
prevent any other further atrocities or a World War 3 from occurring.
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In the declaration the United Nations set out 30 rights that every human is entitled to, for example?
the right to education; freedom of expression; protection from discrimination.
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The declaration is a document widely accepted by many countries across the globe however ?
it is not law.
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The European Convention on Human Rights was created in ?
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The European Convention on Human Rights was created in 1951 by ?
the European Union
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It made the rights in the declaration law in ?
in E.U. member states.
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When the UK joined the EU in?
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When the UK joined the EU in 1973 this meant that?
UK citizens had their rights protected under the convention.
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However it meant that if UK citizens needed to enforce their rights in the European Court of Human Rights they needed to travel to
Strasbourg, France. This was an expensive and long process.
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human rights became law in?
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In 1998 human rights became law in the UK through the ?
Human Rights Act.
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This meant that UK citizens could have their rights protected in ?
UK courts
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The Human Rights Act 1998 are laws designed to protect the needs of?
UK citizens however despite this some Human rights will conflict.
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What are the three types of human rights?
Absolute , limited and qualified
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What does qualified rights mean?
– there will always be a balance between the individual’s rights and the community’s rights.
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What does absolute rights mean?
– can never be restricted
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What does limited rights mean?
– can be restricted in certain circumstances
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Qualified rights are rights such as ?
the right to privacy and freedom of expression will sometimes conflict and the law and courts will have to decide the balance between the two rights.
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What does civil law mean?
Disputes between individuals:
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Arguing over the state of garden fence Divorce settlements Tripping over your neighbour's dog and breaking your wrist
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What does criminal law mean?
Breaking the law of the land
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For example?
Murder **** Arson
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Tribunals and County courts deal with?
with civil law cases only.
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Magistrates: Deal with ___of all criminal cases start in Magistrates court.
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Who are Lay Justices?
- respected members of the community who are part-time and unpaid.
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There will be ___magistrates on each case.
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It deals with?
less serious crimes
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The defendant will be asked ?
to give a plea of guilty or not guilty.
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If not guilty there will be a trial and the magistrates will decide?
decide if the defendant is guilty and pass the sentence. A magistrates’ court can give a fine of up to £5000 or prison sentence of up to 6months per offence
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If the case is very serious (e.g. murder, ****, arson) the magistrate will refer it on to?
to the crown court.
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A trial in a crown court is similar to the trial in a magistrates court, with witnesses being questioned, and?
statements being made.
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BUT in a crown court ?
a JURY decides whether the defendant is guilty or not.
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The judge advises the jury and decides?
decides on the punishment if the defendant is found guilty.
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A youth court is ?
a special type of magistrates’ court for people aged between 10 and 18.
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A youth court has either ?
3 Magistrates or 1 District Judge
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Is there a jury?
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You must have a parent or guardian with you if you go to ?
youth court
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However for serious crimes, like murder or ****, the case starts in the youth court but will be passed to a?
crown court
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Sentences a youth court can give- They can give a variety including:
• community sentences • Detention and Training Orders carried out in secure centres for young people
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Police powers of stop and search: A police officer has powers to stop and search you if they have ‘reasonable grounds’ to suspect you’re carrying:
• illegal drugs • a weapon • stolen property • something which could be used to commit a crime, eg a crowbar
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You can only be stopped and searched without reasonable grounds if it has been approved by a senior police officer. This can happen if it is suspected that:
• serious violence could take place • you’re carrying a weapon or have used one • you’re in a specific location or area
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Police powers of arrest: After someone has broken the law, the victim will tell the police what has happened. This is called making a ?
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The police then find out about the person who has been accused. If they think the person may be guilty then they?
they take them to a police station. This is called making an arrest.
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At the police station the arrested person has rights:
- Right to see a solicitor free of charge. - If your under 18 you must have a parent, guardian or other adult who knows you when you are being questioned.
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The police officers who are finding out about the crime will question the arrested person. This can go on for up to 24 hours. After this the police have three options:
• Let the person go • Ask a magistrate for more questioning time (36-96 hours for a more serious crime and 14 days if you are arrested under the Terrorism Act.) • Charge the person
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Charging a person means formally accusing them of a crime. To do this the police take instruction from the CPS,
they will only charge a person if the CPS say so.
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Once a person has been charged they will be remanded in?
in custody (kept locked up) until their court date or remanded on bail, this is where they agree to certain conditions.
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Bail conditions mean a promise to ?
behave in a certain way, maybe to not go near the crime victim. Money may be asked for as a guarantee that you will come back.
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It is the Crown Prosecution Service who decides?
whether someone should be charged.
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The CPS was set up separately from ?
from the police to try to make the system fair.
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The CPS looks at the evidence and decides if it’s strong enough to prove?
you did the crime.
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They’ll only prosecute if they think there’s a better than 50% chance of ?
conviction and if the crime is serious enough for taking to court to be in the public interest.
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If a person needs legal advice there are many places that they can go. Citizens Advice Bureau:
provide free, independent, confidential and impartial advice to everyone on their rights and responsibilities. They offer advice on issues such as housing, benefits, and relationships.
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They can go to the goverment
Direct.gov.uk website offers advice and clarification on many different things ranging from tax, marriage, and employment law.
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Solicitors would also offer legal advice on a variety of issues.
Solicitors tend to specialise in certain areas of the law.
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What does law mean?
"Law is a formal method of controlling people and society through rules set down and then enforced through courts and the legal system."
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What are the 6 advantages?
- Laws help society run smoothly and safely. -Every time someone breaks a law they are committing a crime. -Laws protect people's rights. -Laws can resolve conflict. -Laws are made in the Houses of Parliament. -Bill is a rough draft of the law
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Don't forget law is also made through ?
Judges and the European Parliament.
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What are the three advantages of the law making process?
Due to the time spent on a law, mistakes and loopholes are rare. All three parts of Parliament have to agree. The House of Commons can use the Parliament Act if the House of Lords delay a law from being made.
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What are the three disadvantages of the law making process?
It takes a long time for a law to be made. Only 1/3 of the law making process is done by elected representatives. The House of Lords can delay a law from being made.
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Other cards in this set

Card 2


The Universal Declaration of Human rights 1948 was written by?


United Nations at the end of World War II

Card 3


In a move to ?


Preview of the front of card 3

Card 4


In the declaration the United Nations set out 30 rights that every human is entitled to, for example?


Preview of the front of card 4

Card 5


The declaration is a document widely accepted by many countries across the globe however ?


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