Policing & Punishment Flashcards

1
Q

Organisations in the Criminal Justice System

A
  • Police
  • Crown Prosection Service (CPS)
  • Courts
  • Prisons
  • Ministry of Justice (MoJ)
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2
Q

Official Aims of CJS

A
  • Deterrence - Stop/discourage future crimes
  • Public Protection - incapacitate the criminal
  • Retribution - revenge, proportionate/reasonable
  • Rehabilitation - improve their outlook/prospects
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3
Q

Changes to CJS since 1900

A
  • 1900-1970 - increasing focus on rehabilitation
  • 1970-2014 - increasing focus on retribution
  • 2014-present - debate about future, evidence mounting about mental disorders, punishments not producing results, prisons filling up
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4
Q

Left Realist view on Control of Crime

A
  • People commit crime because they’re not attached to their community - don’t have means to succeed legitimately or the system incentivises them
  • Should control it through education, understanding, and rehabilitation - none of the causes are under their control
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5
Q

Right Realist view on Control of Crime

A
  • People commit crimes because they choose to hurt others - easy, people are inherently individualistic, or part of an underclass - helps establish/protect boundaries
  • Need harsher punishments - people understand that crime is wrong, boundaries can be protected
  • We need to protect society from those who commit crime because they’re bad people
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6
Q

Restorative Justice

A
  • Discussions between stakeholders
  • Everyone expresses feelings and agrees a way forward - usually offender makes up for damage and community accepts them
  • Very successful approach for non-violent crimes
  • 85% of victims involved in restorative justice said it was a very positive experience
  • 14% recidivism reduction
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7
Q

Halden Prison

A
  • Humanity
  • Normality
  • Security
  • Integration
  • Norway has lowest recidivism rates in the world
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8
Q

Hiercharchy of Need

A
  1. Victim
  2. Community Representative
  3. CJS Representative
  4. Criminal
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9
Q

Newburn (2007): 5 Reasons for Punishing Criminals

A
  1. Discourage them from reoffending and deterrence from future crimes
  2. Force them to make awards for their harm
  3. Protect society from those who are dangerous
  4. Reinforce social valus and bonds
  5. Punish them because they deserve
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10
Q

Types of Punishment

A
  • Fines
  • Imprisonment
  • Community Service
  • Criminal Registers
  • Probation
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11
Q

Foucault (1991) - Postmodernists & Punishment

A
  • Change from sovereign power to disciplinary power
  • Sovereign - ruler shows supremacy by giving harsh, public punishment for crime
  • Disciplinary - criminals punished privately and given chance to change - more like employer than monarch
  • Negative change - CJS & rulers less accountable
  • Get away with more surveillance
  • Panopticon prison - suppression of freedom
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12
Q

Rusche & Kirchheimer - Neo-Marxism

A
  • Punishment of Criminals - Method of control by powerful elites over population
  • Rich & Powerful use influence to avoid punishment, while everyone else is kept in line - Capitalist superstructure maintained without need for overt force
  • Nobody sees punishment anymore - no accountability
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13
Q

Durkheim - Functionalism

A
  • Punishment reasserts boundaries in society between right and wrong - maintains social order
  • Strengthens collective conscience - societal condemnation of criminal, consent in their punishment
  • Increases social solidarity & cohesion - everyone is involved, not just a King (jury of your peers, council you elected)
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14
Q

Althusser - Marxism

A
  • Punishment exists to maintain unfair social hierachies
  • ‘Repressive State Apparatus’ - gov & courts staffed by the rich and powerful
  • Punishment disproportionately aimed at lower classes to keep them in line and prevent rioting
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15
Q

Weber - Rationalism

A
  • Modern Western legal systems based on rational principles - not religion or power
  • Govs elected democratically so laws should reflect majority viewpoint
  • Hierarchies are there but now competence based, not wealth based - desireable, meritocratic
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16
Q

Left Realists

A
  • More focus on dealing with causes of crime
  • Building community control and cohesion with agencies
  • Education - get people on board with laws and they’ll follow them/encourage others
  • Parenting support and agencies - Sure Start, Youth Centres
17
Q

Criticisms of LR

A
  • Assume all are basically good and need reminders - career criminals unlikely to respond to this
  • Assume all have free will - addiction, disorders
  • Don’t provide retribution - many in public keen to see offenders suffer
  • Education - expensive compared with punitive fine
18
Q

Right Realism

A
  • Deterrence - harsh punishment to put people off
  • Reduce opportunity - ensure good surveillance and large police presence
  • Situational crime - hidden targets - safety measures to stop criminals
  • Increase social control - discipline & responsibility
19
Q

Criticisms of RR

A
  • Harsher punishment doesn’t help those with mental disorders (60% of criminals)
  • Hardened criminals won’t pay attention
  • Measures in towns/cities will drive crime into countryside - less police presence
  • Not all can afford CCTV, security guards - risk creating 2-tier system where only the rich are safe
20
Q

Feminism

A
  • Many forms of victimisation that have been ignored should be more visible - eg. DV, SA
  • Should expose extent to which violence against women is not stranger danger, but known men at home
  • Should recognise link between crime and male power
  • Should expose male dominated CJS
  • Should suggest/campaign for improvements in CJS
21
Q

Criticisms of Feminism

A
  • Focus on victimisation - complainants automatically treated as victims, could erode principle of innocence until proven guilty
  • LibFem, Func., NR - disagree that patriarchy still exists - blaming DV on construct will remove individual blame
  • Argument that CJS operates according to malestream bias is outdated - women mostly equal in law, given special protection in some cases
  • ‘Intersectional Postmodernists’ - women no longer most oppressed class in society
22
Q

Postmodern Control & Prevention

A
  • Crime = Social construction
  • Law = Outdated metanarrative
  • CJS needs to recognise diversity of social groups, identities, and experiences
  • Police should be more tolerant and sensitive of gender, ethnicity, etc.
  • Need less centralisation of power and more private control agencies (eg. college of policing)
23
Q

Criticisms of Postmodernism

A
  • Metanarratives can be useful - promote social cohesion & give people a sense of belonging
  • Tolerating crime by marginalised groups is risky - may lead to more extreme transgressions
  • Diverse range of experiences in society - to function together, we need common set of rules
  • Private agencies aren’t accountable - can follow own agenda and not be voted out