WJEC CRIMINOLOGY UNIT 4 ACTUAL EXAM 100% SCORED AND VERIFIED ANSWERS

WJEC CRIMINOLOGY UNIT 4 ACTUAL EXAM 100% SCORED AND VERIFIED ANSWERS AC1.1 - processes of law making - CORRECT ANSWERWhat are the three parts of parliament? - CORRECT ANSWER-- the monarch - the House of Lords - the House of Commons How many peers are there in the House of Lords? - CORRECT ANSWER-800 What is the main job of the peers? - CORRECT ANSWER-To act as a 'double check' on new laws. what is the House of Commons made up of? - CORRECT ANSWER-The elected representatives of the people (MPs) What is the government? - CORRECT ANSWER-The political party that has a majority of the 650 MPs votes. The prime minister is the leader of that party. What is the first stage of creating a new bill? - CORRECT ANSWER-Green paper - the initial report to provoke public discussion. Often includes questions for interested people to respond to. What is the second stage of creating a new bill? - CORRECT ANSWER-White paper - a document setting out detailed plans for legislation. Often includes a draft of the bill they intend to put before parliament. What is the third stage of creating a new bill? - CORRECT ANSWER-First reading - the gov introduces the new bill to the commons. This is a formal announcement of the new bill and is followed by a vote to allow it to move it to it's next stage. What is the fourth stage of creating a new bill? - CORRECT ANSWER-Second reading - the bills main principles are considered and debated by the whole House of Commons and a vote is taken. The gov will usually win this vote as they have the support of the majority of the MPs. What is the fifth stage of creating a new bill? - CORRECT ANSWER-The committee stage - a small group of MPs from different parties examine the bill in great detail. They will report back to the whole House of Commons and have often made amendments. What is the sixth stage of creating a new bill? - CORRECT ANSWER-The report stage - this gives the MPs a chance to debate and vote on the committee's amendments. What is the seventh stage of creating a new bill? - CORRECT ANSWER-The third reading - this is the final chance for the commons to debate the bill's contents. No amendments are allowed at this stage, they either pass or reject the bill. What is the eighth stage of creating a new bill? - CORRECT ANSWER-The lords - the bill goes to the House of Lords where it goes through the same process as the commons. If the lords have amended the bill it needs to return to the commons so MPs can decide if they want to pass or reject it. What is the ninth stage of creating a new bill? - CORRECT ANSWER-Royal assent - once the bill has been passed by both Houses of Parliament it gets sent to the monarch for signing. This is the monarchs agreement to make the bill into an act of parliament. The new law will come into force immediately unless the act specifies that it will come into act at a later date. Judicial processes of law making - CORRECT ANSWERWhat are the two processes of judicial law making? - CORRECT ANSWER-Judicial prevent Statutory interpretation What is judicial precedent? - CORRECT ANSWER-where past decisions of judges create law for future judges to follow. How was precedent from Donoghue v Stevenson (1932) followed in Daniels v White (1938)? - CORRECT ANSWER-Donoghue v Stevenson: Mrs Donoghue suffered nervous shock upon discovering a decomposed snail in her bottle of lemonade. The court decided that the manufacturer of the lemonade owed a "duty of care" to Mrs Donoghue. Daniels v White: A claimant suffered burning in the throat having drunk a bottle of lemonade which contained a corrosive substance. The ruling in Donoghue v Stevenson was applied, despite the slightly different facts. What is the court hierarchy? - CORRECT ANSWER-the ranking of courts from lowest to highest according to the seriousness and complexity of the matters they deal with. What are the exceptions to precedent? - CORRECT ANSWER-distinguishing and overruling What is distinguishing? - CORRECT ANSWER-A precedent from an earlier case is only binding on a present case if the legal principle involved is the same and the facts are similar in both cases. What is overruling? - CORRECT ANSWER-Where a Court in a later case states that the legal rule in an earlier case is wrong. This only applies to courts higher up in the hierarchy. What is statutory interpretation? - CORRECT ANSWER-the process by which courts interpret and apply legislation Whitely v Chappell (1868) (an example of statutory interpretation) - CORRECT ANSWER-The defendant was charged with the offence of "impersonating any person entitled to vote". The defendant had pretended to be a person not on the electoral register because the person had died. The court held that the defendant was not guilty because dead people are not entitled to vote. What are the three interpretation rules that judges follow when applying a statue to a case? - CORRECT ANSWER-The literal rule The golden rule The mischief rule What is the literal rule? - CORRECT ANSWER-The courts give words their plain, ordinary or literal meaning, as if it would appear in a dictionary. E.G. R v Maginnis, a case involving illegal drugs, judges found different meanings for the word "supply". What is the golden rule? - CORRECT ANSWER-Sometimes the literal rule can lead to an absurd result, so the golden rule allows judges to modify the meaning. E.G. under the official secrets act it was an offence to obstruct her majesties forces 'in the vicinity of'. In the case of Alder v George, Alder argued he hadn't broken the law because he was in the prohibited place, not in the vicinity of it. What is the mischief rule? - CORRECT ANSWER-allows the court to enforce what the statute was intended to achieve rather than what the words actually say. E.G. the licensing act makes it an offence to be drunk and in charge of a 'carriage'. In Corkery v Carpenter, Corkery was convicted for riding a bicycle drunk because the act's purpose was to prevent people from using any form of transport whilst drunk. AC1.2 Describe the organisation of the criminal justice system in England and Wales - CORRECT ANSWERWhat are the three parts of the criminal justice system? - CORRECT ANSWER-Law creation and administration - the passing of criminal laws by parliament