AC3.3 Flashcards
(31 cards)
what is a moral imperative?
an overriding sense of what is right- so strong that it compels a person to act to uphold
it- even if it means breaking the law.
what are the consequences of moral imperatives?
It can be difficult to change the mind-set of offenders with a moral imperative.
- Punishment is unlikely to alter their views- eg Suffragettes
- Sometimes they may also gain public support.eg Stansted 15.
Kay Gilderale - Crimes committed by those with moral imperatives
Kay Gilderdale broke the law when she assisted the suicide of her daughter who had been seriously ill for 17 years. This crime was committed with a compassion motive.
She admitted the charge of aiding and abetting the suicide of her bed-ridden daughter- suffered a severe form of ME for 17
years.
In such cases, the jury may struggle to reach an agreement about whether someone is innocent or guilty.
In these cases, the offender may be charged leniently or be acquitted.
Kay Gilderdale was acquitted.
how does Functionalism (Durkheim) link to moral imperatives?
argues that without deviance,
new social values could not
emerge-no change would be
possible and society would
stagnate. (not change)
what is recidivism?
refers to an individuals relapse into criminal behaviour after they have received a sanction for criminal behaviour.
the tendency of a
convicted criminal to reoffend.
recidivism rates - statistics
46% of adults re-convict within one year of being released.
60% of those adults serving less than 12 months.
69% of children re-convict within one year of being released.
77% of those children serving less than 12 months.
In 2017 there was an overall recidivism rate of 30%- of all offenders given a warning, fine, community sentence or suspended
sentence in the previous 12 months and all of the prisoners released during this period, a further 500,000 crimes were committed between them.
The average number of re-offences per offender is four but this has been increasing since 2009
These statistics show how short sentences do not work.
how does recidivism impact prison population?
The prison population has grown -almost doubled since 1993.
Repeat offending is one reason for this increase.
Those on licence will be recalled to serve the rest of their sentence if they commit further offences during this period
who is most likely to re-offend?
The more previous convictions a person has the more likely they are to reoffend.
2017: almost half of offenders with 10
previous convictions reoffended)
Offenders who serve time in prison are more likely to offend.
Males are more likely to re-offend than females
Dark Figure: The trends in re-offending only refer to proven re-offending.There are likely to be offenders who re-offend who
have not been processed by the courts.
how does right realism link to recidivism?
they think prison works.
Offenders are rational actors and so prison acts as a deterrent- a cost of offending.
However, high
rates of offending shows that this is not the case
how does Marxism link to recidivism?
Not surprising people re-offend.
they have little chance of meeting their basic needs if they are to solely rely on
benefits.
how does social learning theory link to recidivism?
This theory would explain re-offending as a product of modelling by criminals in prisons.
younger criminals especially may learn criminal techniques from older role models.
differential association theory - ‘prisons are schools for offending’
whereby offenders are exposed to further pro-criminal attitudes which results in re-offending upon release.
how does finance impact the police in achieving social control?
2010-2018: Budget was cut by 19%.
The central government funds were cut by 30% but funds from council tax offset this.
The cuts have led to a fall
in 20,000 police officers
and national shortage of
detectives, meaning there are less officers to protect and safeguard the public.
This also results in some cases being dropped eg sex offences and arson to
“balance the books.” Due to a lack of staff and resources to be able to investigate them properly.
how does finance impact the CPS in being able to achieve social control?
2010-2018: CPS budget cut by a quarter.
budget cuts lead to less staff in CPS Direct, meaning cases can’t always be processed in the 24 hour time limit.
This led to staff losses of one-third.
Head of the CPS said it and the police were failing to investigate thousands of cases efficiently as staff lacked skills and resources to deal with some crimes eg. Rape , fraud and
modern slavery cases.
how does finance impact prison in being able to achieve social control?
2010-2018: Budget was cut by 16%.
Staff levels have fallen by 15%-more experienced officers have left the service.
rising levels of assaults, self-harm and suicides. Overcrowding and staff cuts have affected access to rehabilitation opportunities.
In 2016 the HMP Birmingham riot raised concerns about private companies running
prisons.
BUT Unlocked charity now recruiting graduates onto a 2yr training programme
how does finance impact the probation service in being able to achieve social control?
Part privatisation – National Probation Service and private CRCs. The CRCs have not been a
success and will be taken back under public control.
There was a national staff shortage and over-reliance on agency staff.
There was sub-standard performance of the private CRCs.
There were shortcomings in keeping victims safe.
Concluding that this part-privatisation was flawed and created a lack of confidence in the
service - Stacey 2019
what is the impact of local and national policies on social control?
These policies limit the ability of agencies to achieve social control.
When a new law makes a crime a priority, this means other offences are neglected - as police are instructed to focus on a new one.
what are national government policies?
laws and policies that the government introduce that affect the work of agencies such as the police and CPS.
examples of a national government policy x2
April 2019:
The Home Secretary made it easier for police to stop and search anyone for an offensive weapon without having reasonable
suspicion they were carrying one.
This power is available to the police under section 60 of the Criminal Justice and Public Order Act 1994.
The ‘Serious Violence Strategy’ was brought in to increase police powers and collaborations with agencies, such as schools to support at risk children.
what are local policies?
local policies can be brought in to support the local needs of an area.
examples of local policies x3
if there is an increase in burglaries in an area, increased police presence may be a policy that is implemented.
weapon amnesties are another example of local policies, where people can surrender illegal weapons without fear of prosecution. In London 2017: A 2 week gun amnesty : 350 guns and 40,000 rounds of ammunition were handed in. This helps to reduce the use of weapons in a local area.
There may be a higher incidence of knife crime and so there may be a greater need for stop and search.
how do moral panics impact local and national polices?
On a local and a national level, the priorities of the police and other agencies such as the CPS can be affected by media moral panics.
Dangerous Dogs moral panic led to law changes that have turned out to be ineffective in protecting the public.
One response of local police forces is to de-prioritise an offence if they think it is too trivial, a waste of resources or too
difficult to enforce.
what are civil liberties?
basic rights and freedoms guaranteed to every individual by law.
e.g: freedom of speech, freedom to protest peacefully, freedom to move and a right to privacy.
what are legal barriers?
Many of these civil liberties are aspects of the due process model of justice.
The legal processes involved in due process are a barrier to the state
exercising control over it’s citizens without good cause. This may prevent people from exercising their human rights. For example, although we have the right to freedom from arbitrary arrest, the police have legal powers to arrest anyone if they claim reasonable cause.
how does Marxism link to civil liberties and legal barriers?
More working class people find themselves being arrested and convicted of crimes than members of the ruling class.
They would say that these laws are needed to
protect the interests of the working class.
