Criminal Justice System Flashcards
(38 cards)
What is the criminal justice system ?
institutions responsible for delivering justice is the UK , (comprised of various governmental departments and agencies)
e.g police, ministry of justice , prisons
what are the four aims/roles of the CJS?
deterrence - deter people from committing crime
public protection- police , maintain public order , courts-aim to stop criminals causing further harm
retribution- concerned with punishing criminals for their actions
rehabilitation- criminals should be reformed
What is the functionalist viewpoint on the CJS?
CJS serves people by upholding the norms, values and laws of society
What is the marxist viewpoint on the CJS?
CJS reflects interests of the ruling class and seeks to defend ruling class’ intrests
What is the feminist viewpoint on the CJS?
the CJS is patriarchal and protective over women
OR
changing social attitudes have found women treated more harshly for more ‘masculine’ offences - such as drug dealing
What did Phillips and Bowling say about the CJS?
CJS operates on processes/procedures that disadvantage minority groups.
What did the McPherson report (1999) say about the CJS?
there is institutional racism
(e.g Stephen Lawrence case)
What did the Lammy report (2017) find about the CJS?
25% in custody were from minority ethnic groups
what percentage of prisoners in the UK, in June 2020, were women?
5%
what are the functions of prisons?
to act as a deterrent
incapacitate offender, keeping public safe
rehabilitation (rejoin society)
punishment
Durkheim (functionalist) argued there are two forms of punishment in society - what are they?
retributive (form of vengeance for acts they committed)
restitutive (allows them to make amend and become functioning member of society)
What did Althusser (marxist) argue the CJS acts as?
a repressive state apparatus , prison is a way to control those who do not conform
punishment is about interests of ruling class (e,g providing cheap labour, especially in privately owned prisons)
What was found in the Downing Street Strategy Unit 2013
‘no convincing evidence that putting people in prison prevents crime’
What do symbolic interactionists , Goffman and Becker argue?
prison has its own subculture which provides a training ground for criminals and confirms a ‘master status’
In recent decades, there has been an increase in the use of restorative justice - what is this?
restorative justice is a system of criminal justice which focuses on the rehabilitation of offenders through reconciliation with victims and the community at large
What did Braithwaite (1999) claim?
restorative justice is most effective when it involves ‘reintegrative shaming’ - offenders face offenders and are publicly ‘named and shamed’ - makes them realise the extent society disapproves of them and take responsibility for their own actions.
What did Newburn (2007) say are the 5 main reasons for punishing criminals?
discourage reoffending
force them to make amends (restorative justice)
protect society
reinforce social values and bonds
punish them for their actions
What did Foucault (1991) (postmodernist) say about the changing forms of punishment?
Decline in public forms of physical punishment is due to changing structures of power in society. Brutal punishments were not concerned with deterring crime, rather as public demonstrations of supreme power of sovereigns/monarch.
As this declined , a new form of state power developed - disciplinary power.
This suggests criminals are controlled and disciplined by surveillance. Demonstrated change from sovereign to disciplinary power through the disciplinary mechanism of the panopticon. This is a prison design whereby the guards could see every prisoner, the prisoners did not know if they were being watched. This uncertainly of surveillance encouraged the prisoner to exert self surveillance and control their behaviour.
Constant external monitoring eventually internalised into self surveillance.
What did Rusche and Kirchheimer (2007) (marxists) argue about the changing forms of punishment ?
see punishment as part of the system of social control and class domination in unequal societies
argue the changing forms of punishment overtime is as a result of changing economic interests of the dominant class (scale of brutality rose when labour was plentiful and decreased when there was a labour shortage)
Durkheim argues societies can only exist with a _____________ ____________ , this forms moral ties and binds the community together through a _________________ ________________. This regulates behaviour.
Durkheim argues societies can only exist with a VALUE CONSENSUS, this forms moral ties and binds the community together through a COLLECTIVE CONSCIENCE. This regulates behaviour.
Durkheim argues laws are an expression of the ….
collective conscience
Durkheim argues retribution has the following roles:
provides outlet for public anger - express disapproval
reassert boundaries and social order
contribute to building social solidarity
Why is the functionalist perspective of punishment criticised?
- assumes law reflects value consensus
-ignores inequalities in wealth and power
-punishments (like imprisonment) may not assist in restabilising social order, but actually threaten it (as prisons often harbour crime)
Althusser (1971) argues punishment is
Althusser (1971) argues punishment is part of the repressive state apparatus. This aims to remove dissent and rebellion towards ruling class.
