Developments in Criminal Justice

Question 1

what are the functions of criminal justice?

Answer 1

proscription of certain wrongs and harms that need to be met with state sanctions

maintaining civil order and peace

protecting vulnerable individuals or groups

defending rights

Question 2

what 2 key ways can criminal law be understood?

Answer 2

quasi-moral mode
crime is a serious wrong that causes unjustified harm
kantian perspective / mala in se

regulatory mode
crime is socially harmful and costly so should be discouraged
utilitarian perspective / male prohibita

Question 3

what is an example of where the law has been judged upon from both a quasi-moral and a regulatory approach?

Answer 3

extinction rebellion under public order law

broke an injunction - regulatory
jury nullified the convicted regardless - quasi-moral

Question 4

what elements of criminal justice render application of the law unequal?

Answer 4

preventative orders

certain individuals given restrictions upon their freedoms - Hancox/O’neill

Question 5

what might suggest the criminal justice institution is not consistent?

Answer 5

preventative orders - Hancox
criminal matters in civil courts - Assange deportation
reverse burden of proof - s.76 SOA 2003
remand in custody 
plea bargaining 
group justice - 1980s miners' strike

Question 6

what is required for an effective criminal justice system?

Answer 6

well functioning institutions
adequate staffing and funding
adequate trust and perceived legitimacy

Question 7

what could be the effect of an ineffective criminal justice system?

Answer 7

rising crime
difficulties of enforcement
lack of trust leading to withdrawn cooperation
emergence of legal pluralism/ vigilante justice

Question 8

what were the 2011 English riots?

Answer 8

response to the shooting and killing of Mark Duggan during ‘Operation Trident’ which investigated gang crime in Tottenham
RCJ held Duggan was lawfully killed and protests began and spread

Question 9

how many arrests were there during the English riots in under 2 weeks?

what % of crown court trials resulted in jail terms?

Answer 9

3000 arrests / 1000 issued with criminal charges

90%

Question 10

what was the official response to the English riots in 2011?

Answer 10

‘those who attacked their own communities… faced justice quickly’

‘swift and firm justice’
in response to their ‘disgraceful behaviour’

Question 11

what was the reasoning to the firm response to the English riots by officials and the police?

Answer 11

riots are the antithesis to social order - Hobbes

undermining of whole criminal justice system

threat to authority in the ‘state of nature’

Question 12

what did research into the riots find out about the reasoning for the riots?

Answer 12

85% confirmed behaviour was driven by anger with police

many felt a lack of respect and discriminatory treatment - stop and search

social and economic injustice which eroded legal legitimacy

influenced by austerity politics - closure of youth centres, increased tuition fees

Question 13

what highlights how the media influences the perception of criminal justice?

Answer 13

media coverage of homicide increased during the 1990s when in fact there was a decrease from 1990-98

Question 14

when was there first a shift, and a politicisation, of crime and justice?

Answer 14

1970s
Thatcher’s ‘ring of steel’ against lawlessness
focus on trade unions
promise of increased police power

Question 15

what shift in crime and justice occurred in the 1990s?

Answer 15

Blair - ‘tough on crime, tough on causes of crime’
focus on policing to compete with Tory agenda
maintained survival of ‘penal welfarism’
creation of 3800 new offences

Question 16

what is meant by the ‘road to austerity’ in the 2000s?

Answer 16

diminished crime rates
drive to make CJS efficient
impact of 2008 financial crisis

Question 17

how is crime presented in the media?

how has there been a recent shift?

Answer 17

bad because it threatens individuals, not authority
narrative of an evil vs innocent person
victim culture is dramatised

focus on Parliamentary scandals and breaking of lockdown rules
notions of ‘crime’ become politicised based on effects of policy choice
reinforced principle that law applies equally to all - S v B-A

Question 18

what does Garland argue the threat of crime is created by?

what does he argue this reinforces?

Answer 18

it is created by choice , not a representation of actual social factors
not autonomous but fuelled by political and social context

a culture of control by the notion of security ex//’prison works’

Question 19

what are reasons that account for the reasoning that law and order is necessary?

Answer 19

the media - generating ‘moral panic’

social and cultural transformations - political economy

decline of trust in government protection

Question 20

how has the number of people incarcerated increased in the US since 1970s?

what % of those who don’t finish High School have prison records by 30s?

Answer 20

x 7

30%

Question 21

how do Lacey and Cooper describe the idea of ‘crimmigration’?

Answer 21

nationalist sentiment which creates a hostile environment for immigrants

over-policing

threat of civil and criminal law upon individuals without citizenship

Question 22

who, in particular, can public spending cuts affect in regard to proper sentencing?
(Lacey and Cooper)

Answer 22

individuals with mental health issues

resources are not readily available or it would cost too much to keep trial running

Question 23

what did legal aid expenditure decrease from between 2010-2015?
Lacey and Cooper

Answer 23

£2.5b in 2010

£1.5b in 2015

Question 24

what direct effect on providing justice does Lacey/Cooper highlight is a result of public spending cuts?

Answer 24

police reduced their role

‘carrying out fewer breathalyser tests since 2010’

Question 25

what was the serious violence strategy 2018?

Answer 25

£11m invested in Early Intervention Youth Fund

creation of the National County Lines Co-Ordination Centre

Question 26

what preventative measures have been introduced in Scotland to protect public health?

Answer 26

alternative opportunities to gang members

train dentists, hairdressers and vets to spot signs of domestic abuse

school-peer mentoring strategies

Question 27

what was included in the EVAWG consultation 2016-2020?

Answer 27

revenue from tampon tax to go on new initiatives and resources
end abusers cross-examining witnesses

Question 28

what did government announce in march 2016 in relation to VAWG?

Answer 28

refreshed strategy

£80m funding

Question 29

what area has seen no legislative change despite concerns relating to LGBTQ+ individuals?

Answer 29

no revised legislation on hate crime

Question 30

what did the head of Scotland Yard announce in relation to hate crime?

Answer 30

not enough resources to treat mysogyny as a hate crime

focus and prioritise tackling violence

Question 31

how do Morgan and Smith argue there is conflict in the perception of crime?

Answer 31

illegal activities by white collar workers seen as civil matters
working class comparatively subject to criminal convictions

Question 32

how do Morgan and Smith argue that politicians can utilise crime for their agenda?

Answer 32

emphasise focus on certain areas to detract focus from elsewhere

generate quick fixes

Question 33

why do Morgan and Smith argue the decision to introduce criminal justice reform may be disproportionate?

Answer 33

limited by previous ministers in what they can legislate

cost and time disproportionate

Question 34

what % of rioters in the English riots came from most deprived 20% of UK?

LSE Guardian report

Answer 34

59%

Question 35

how did Cameron vilainise the 2011 rioters?

what % were gang members?

Answer 35

‘gangs were at the heart of the protests and have been behind the co-ordinated attacks’

13% countrywide

Question 36

what did the 2011 riots lead to a temporary closure of?

Answer 36

BBM
main form of broadcast for updating riot plans

4 men arrested for planning meet ups on facebook