CRIME AND DEVIANCE: Control and Punishment of C&D

Question 1

What is the criminal justice system (CJS)?

Answer 1

The organisations that control law, order and punishment, including:
Police
Crown Prosecution Service (CPS)
Courts
Prisons
Ministry of Justice (MoJ)

Question 2

What are the official aims of the UK’s CJS?

Answer 2

Deterrence
Public protection
Retribution
Rehabilitation

Question 3

How has the CJS changed since 1900?

Answer 3

1900-1970: increasing focus on rehabilitation
1970-2014: increasing focus on retribution
2014-present: debate about the future; with evidence mounting that criminals are usually suffering from mental disorders, punishments not producing results, prisons filling up

Question 4

What do Left-Realists say about control of crime?

Answer 4

• People commit crime because they aren’t attached to their community (Hirschi’s social bonds), don’t have the legitimate means or the system incentivises them
• We should control through education, understanding and rehabilitation > none of the causes are under the offender’s control so we can’t blame them

Question 5

What do Right Realists say about control of crime?

Answer 5

• People commit crime because they choose to hurt others, because it’s easy and people are individualistic or they’re part of the underclass that we need to help us establish boundaries
• We should give harsh punishments so people understand crime is wrong and boundaries can be protected.

Question 6

What is Restorative Justice?

Answer 6

Discussions between stakeholders including the criminal, victim, community and CJS. Everyone expresses their feelings and agrees a way forward - usually with the offender making up for the damage they caused and the community accepting them back

Question 7

What are common forms of punishment for crimes in the UK?

Answer 7

Fines
Imprisonment
Community service
Criminal registers
Probation

Question 8

How did Foucault (1991) explain punishment? (postmodernism)

Answer 8

Wrote about a change from ‘sovereign power’ to ‘disciplinary power’. Says this is a negative change because punishment is hidden from the public so rulers and CJS are less accountable. They also get away with more surveillance because they’re “keeping track” of us without making punishment public

Question 9

What is ‘Sovereign Power’?

Answer 9

where the ruler shows their supremacy by giving harsh, public punishment for crime

Question 10

What is ‘Disciplinary Power’?

Answer 10

where criminals are punished more privately and given a chance to straighten themselves out - more like an employer than a monarch

Question 11

How did Rusche & Kirchheimer (2003) explain punishment?

Answer 11

Neo-Marxists: Suggest that punishment of criminals is a method of control by powerful elites over the population. Use their power to keep others in line and avoid punishment. Because punishment is no longer public it’s impossible to see whether the rich are punished the same as the poor > often get away with it

Question 12

What do functionalists think about punishment for crime?

Answer 12

• It provides a healthy outlet for public outrage, preventing unrest
• Reasserts boundaries in society between right and wrong, so maintain social order
• Strengthens the collective conscience through societal condemnation of the criminal and consent in their punishment
• Increases social solidarity and social cohesion because everyone’s involved

Question 13

What do Marxists think about punishment for crime?

Answer 13

• It exists to maintain unfair social hierarchies > Althusser’s ‘Repressive State Apparatus’
• Gov and courts governed by rich so punishments are disproportionate to the poor
• Punishment isn’t based on morals over money; crimes that cost more are punished higher

Question 14

What does Weber think about punishment for crime? (rationalism)

Answer 14

• Modern Western legal systems are based largely on rational principles rather than religion or power > ‘Rational Legal Authorities’
• Complex bureaucracies are more fair than a single powerful person making an arbitrary decision > more democratic
• Hierarchies are there, but they’re now competence-based rather than wealth-based. These hierarchies are desirable and not a form of corruption

Question 15

Does imprisonment prevent crime?

Answer 15

• around 65% of criminals reoffending within two years of release
• Differential association theory explains why criminals often get worse in prison - they take up a “criminal apprenticeship”, learning new tricks from more experienced criminals
• New prisons that focus on rehabilitation are more successful, with around 75% of released prisoners being reformed after two years > Therapeutic Community Prisons e.g Norway

Question 16

How are we subject to surveillance, according to Foucault (1991)?

Answer 16

• Recalls the Panopticon. Prisoners always under constant surveillance; may feel scared into behaving
• In modern society, we are under surveillance in this way through CCTV, ID checks, GPS tracking
• We hand over power to governments and accept surveillance even though in some places like Hong Kong and Russia this is not working, As they see it as a form of oppression rather than protection

Question 17

How do left realists want to prevent crime?

Answer 17

• Education - get people on board with laws and they’ll follow them, and also encourage others
• Information - warnings mean people are aware of laws and don’t forget
• Increase safety - make spaces safer so people feel less at risk. This makes them calmer and less prone to aggression or violence

Question 18

What issues are there with the left realist prevention strategies?

Answer 18

• They assume all people are basically “good” and just need reminders. Serious career criminals are unlikely to respond to these methods
• They assume everyone has free will, but many criminals have mental disorders, addiction problems, etc. and can’t be reasoned with in this state
• They don’t provide retribution, and a large proportion of the voting public are keen to see offenders suffer
• Education programmes are expensive

Question 19

How do right realists want to prevent crime?

Answer 19

• Deterrence - harsh punishments put people off
• Reduce opportunity - ensure good surveillance and large police presence so it’s hard to commit crimes
• Harden the targets - safety measures can stop criminals
• Make an example - give harsh sentences to show others the risks they’re taking.

Question 20

What issues are there with the right realist prevention strategies?

Answer 20

• Being more harsh doesn’t put off or help to rehabilitate criminals with mental disorders
• Hardened criminals won’t pay attention
• These measures happen in cities and towns, and just push crime out into the countryside - criminals simply drive to places without the resources and police
• Not all people/businesses can afford security guards, CCTV, etc. so you risk creating a two-tier system where only rich businesses/people are safe