Chapter 23 Self-test questions

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. 'The rule of law means _________ is/are subject to the law in open court proceedings.' Which word or phrase most accurately completes this sentence?

the monarch correct incorrect

everybody and everything correct incorrect

the judiciary correct incorrect

politicians correct incorrect

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. Which of the following are universal principles of the rule of law, according to the World Justice Project Rule of Law Index? (Select all that apply.)

Credibility correct incorrect

Laws are 'just' correct incorrect

Accountability correct incorrect

Open government correct incorrect

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. Which of the following is not included in the traditional constitutional principle of separation of powers?

Parliament correct incorrect

The courts correct incorrect

The government correct incorrect

The church correct incorrect

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. 'It is possible to achieve absolute judicial independence.' True or false?

True correct incorrect

False correct incorrect

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. What is the term used to describe the fact that, once appointed, a judge's position is essentially guaranteed until they retire?

Security of tenure correct incorrect

Life peerage correct incorrect

Judicial peerage correct incorrect

Judicial security correct incorrect

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. Which type of criminal offence can only be tried in the Magistrates' Courts?

Felonies and misdemeanours correct incorrect

Indictable offences correct incorrect

Summary offences correct incorrect

Either way offences correct incorrect

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. Which of the following is another term for the principle of 'fair procedure'?

Open justice correct incorrect

Procedural justice correct incorrect

Public justice correct incorrect

Restorative justice correct incorrect

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. Which of the following can be used to describe the mistaken conviction of an innocent person?

False positive correct incorrect

True positive correct incorrect

False negative correct incorrect

True negative correct incorrect

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. Which of the following principles of the rule of law and the due process model have shifted over recent years? (Select all that apply.)

Criminal responsibility correct incorrect

Double jeopardy correct incorrect

Fault principle correct incorrect

Presumption of innocence correct incorrect

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. In 1843, what did Jeremy Bentham refer to as 'the very soul of Justice'?

Accuracy correct incorrect

Fairness correct incorrect

Publicity correct incorrect

Satisfaction correct incorrect

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. What category of rights does Art. 3 of the HRA come under? This right forbids the use of torture on and inhuman or degrading treatment or punishment of a person.

Absolute rights correct incorrect

Qualified rights correct incorrect

Unqualified rights correct incorrect

Strong rights correct incorrect

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. What is the other name for 'special' or 'limited' rights?

Absolute rights correct incorrect

Qualified rights correct incorrect

Unqualified rights correct incorrect

Strong rights correct incorrect

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. Which former Prime Minister said the idea of prisoners getting the right to vote made them feel 'physically sick'?

Tony Blair correct incorrect

Gordon Brown correct incorrect

David Cameron correct incorrect

Theresa May correct incorrect

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. In the case of Gäfgen v Germany (2010), which provision of the European Convention of Human Rights (ECHR) was deemed to have been breached?

Article 2: The right to life correct incorrect

Article 3: The right against inhuman treatment correct incorrect

Article 5: The right to liberty correct incorrect

Article 6: The right to a fair trial correct incorrect

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. What is the name given to a justice system with showpiece trials where the parties can win and lose their cases?

Inquisitorial correct incorrect

Adversarial correct incorrect

Common law correct incorrect

Gladiatorial correct incorrect

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. Which term refers to the requirement that the defence provide the prosecution with a statement that sets out the nature of the proposed defence, plus indications of any points of law likely to be raised?

Adversarialism lite correct incorrect

Disclosure of evidence correct incorrect

Examination report correct incorrect

Rules of engagement correct incorrect

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. Some scholars regard criminal justice in the UK as 'adversarialism lite' (Cape, 2010). Which of the following provide(s) evidence for this claim? (Select all that apply.)

Criminal Justice and Public Order Act 1994 correct incorrect

Criminal Procedure Rules correct incorrect

R v Gleeson [2004] correct incorrect

Youth Justice and Criminal Evidence Act 1999 correct incorrect

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. The inquisitorial justice process emphasises the importance of…

The preliminary stages correct incorrect

Confrontation between parties correct incorrect

Lawyers' roles in questioning witnesses correct incorrect

The courtroom trial itself correct incorrect

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. Which of these countries have widely implemented restorative justice principles in their criminal justice systems? (Select all that apply.)

Australia correct incorrect

New Zealand correct incorrect

United Kingdom correct incorrect

United States correct incorrect

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. Which of these is currently the most visible and frequently implemented restorative justice response?

Victim-offender mediation schemes correct incorrect

Community service correct incorrect

Victim-offender conferences correct incorrect

Written communications between victim and offender correct incorrect

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. 'In the last thirty years, the prison populations in countries that have adopted many restorative justice practices in their criminal justice systems have ____________.' What is the missing word or phrase?

stayed the same correct incorrect

decreased slightly correct incorrect

increased correct incorrect

decreased considerably correct incorrect