flashcards
(94 cards)
1
Q
What are the two houses of Parliament?
A
House of Commons and House of Lords
House of Commons consists of MPs voted in by the public; House of Lords includes hereditary peers and appointed Lords.
2
Q
Who is the head of state in the UK?
A
The Queen/King
The monarch’s approval is required for all bills before they become law.
3
Q
What is a Green Paper?
A
A document allowing public consultation on a potential new law
It precedes the creation of a White Paper.
4
Q
What is a White Paper?
A
A document that presents formal proposals after public consultation
It leads to the creation of a draft act (bill) to be presented to Parliament.
5
Q
What is common law?
A
Law made by judges in courts through judicial precedent
It must be followed in similar cases in the future.
6
Q
Define statutory interpretation.
A
The process where judges interpret the meaning of words and phrases within a law
It is performed by judges in superior courts.
7
Q
What are the stages of the law-making process?
A
- First Reading 2. Second Reading 3. Committee stage 4. Report stage 5. Third Reading 6. Royal Assent
Each stage involves different levels of discussion, voting, and amendments.
8
Q
What is the role of the police in the criminal justice system?
A
To enforce the law by investigating criminal activity, arresting suspects, and giving evidence in court
They work closely with the CPS and probation services.
9
Q
What does the Crown Prosecution Service do?
A
Advise police on charging suspects and conduct advocacy in court
They ensure that there is enough evidence to charge a suspect.
10
Q
What is the function of the Ministry of Justice?
A
Oversee the work of courts, probation services, and prison systems
It deals with legislation and guidelines for organizations in the CJS.
11
Q
Describe the relationship between the police and the Crown Prosecution Service.
A
CPS advises police on charges and checks evidence for prosecution
They collaborate to ensure effective legal proceedings.
12
Q
What is the aim of the Crime Control Model?
A
To deal with criminal cases quickly and efficiently, seeking conviction at any cost
It focuses on punishing criminals and protecting victims’ rights.
13
Q
What is the Due Process Model?
A
Focuses on the principle of ‘innocent until proven guilty’ and protecting defendants’ rights
It aims to prevent miscarriages of justice.
14
Q
What are internal forms of social control?
A
Internalisation of social rules, tradition, and rational ideology
Internalisation of social rules is when a person believes in social norms and behaves accordingly; tradition and upbringing teaches and re-enforces following the law; rational ideology guides behaviour based on conscience, by feeling guilty and anxiety.
15
Q
What are external forms of social control?
A
Coercion and fear of punishment
Coercion can be physical or non-violent; fear of punishment is used as a deterrent
16
Q
What are examples of coercion?
A
Imprisonment, bodily injury, strikes and boycotts
Prisons use coercion with a threat of loss of liberty
17
Q
What are the two types of deterrence?
A
Individual and general deterrence
Individual is imposed upon offenders to deter them from committing further crimes; general deterrence is the fear of punishment that prevents others from committing the same crime
18
Q
Give examples of individual and general deterrence
A
Individual: suspended sentences, conditional discharge
General: mandatory minimum sentences e.g. life sentence for murder
19
Q
What are control theories? What do they aim to do?
A
Control theories try to explain why people do not commit crimes
20
Q
What is Reckless’ control theory?
A
Containment
We can resist crimes due to inner and outer containment: inner psychological containment comes from our upbringing and influence from family and outer social containment comes from the influence of social groups and the laws of society
21
Q
What is Hirschi’s control theory?
A
People must form social bonds to prevent criminal behaviour
There are four types of bonds: positive attachment to family and friends, commitment to future goals, involvement with social activities and belief in society’s values
22
Q
What are the aims of sentencing?
A
- To punish offenders 2. To reduce crime 3. To rehabilitate offenders 4. To protect the public 5. To repatriate victims
Each aim addresses different aspects of justice and societal needs.
23
Q
What does retribution aim to achieve?
A
24
Q
What does reparation aim to achieve?
A
25
What is the aim of rehabilitation in the criminal justice system?
To reform offenders and reintroduce them to society
## Footnote
It presumes that criminal behavior can change through support.
26
What does public protection aim to achieve?
To protect society from dangerous criminals
## Footnote
This can include incapacitation through imprisonment or electronic tagging.
27
What is meant by deterrence in the context of punishment?
To prevent future crimes by instilling fear of punishment in offenders and potential offenders
## Footnote
Individual deterrence targets the offender, while general deterrence aims at society.
28
What is a conditional discharge?
A punishment for minor offences where no penalty is imposed unless re-offending occurs
## Footnote
It aims to deter future crimes by warning offenders.
29
What are some forms of punishment?
Community sentences, fines, imprisonment, and discharges
30
What is imprisonment and does it meet the aims of punishment?
Yes -
No -
31
What are community sentences and do they meet the aims of punishment?
To combine punishment with repatriation through unpaid work and societal contributions
Yes -
No -
## Footnote
They are more effective at reducing re-offending rates compared to imprisonment.
32
What are fines and do they meet the aims of punishment?
33
What are discharges and do they meet the aims of punishment?
34
What are the aims and objectives of the police?
The powers of the police are outlined in the PACE (1984)
They have powers of arrest, detention, search and interview
Their aims are to keep peace and maintain order, to protect life and property, to prevent, detect, investigate crime and to bring offenders to justice
35
How are the police funded?
2/3 from government
Local council tax
And charging for services e.g. policing matches
36
What is the philosophy of the police?
Robert Peel's philosophy for the police:
1. prevent crime and disorder
2. depend on public cooperation and approval
3. use physical force only as a last resort
4. impartially serve the law
5. police are the public and the public are the police
37
What is the reach of the police?
There are 39 regional (local) forces in England, 4 in Wales, 1 in Scotland and 1 in Northern Ireland.
There are specialist forces that are national - e.g. the Border Force
38
What do the working practices of the police look like? What types of offenders do they deal with?
Patrolling, responding to public, reports of crimes, crime scenes, protecting evidence, finding offenders and collecting witness statements.
They are unarmed.
All types of offenders, except for tax evasion and fraud which require specialisms such as HM Revenue and Customs
39
What is the CID? What are some other specialists?
Criminal Investigation Department
Detectives that work alongside other officers, dealing with serious/complex crimes.
Specialist operations include: anti-terrorism, drugs, firearms, royal protection, river police, dog handlers, underwater search
40
What are some other types of police roles?
Special constables: volunteer police, have the same training but are unpaid
Police community support officers (PCSOs): have the role of peacekeeping on the streets, anti-social behaviour management and issuing fines (fewer powers than other officers)
Police and crime commissioners (PCCs): representatives of a particular force, accountable to the public
41
Are the police effective in achieving social control? *(weaknesses)*
* Recorded crime is increasing: March 2016 4.5m, Sep 2018 5.7m - suggests police are not effective in their roles
* Crime seems to be increasing, but this could be in part due to police recording of crime improving so the statistics may not be straight forward
* Police labelled as institutionally racist in **Macpherson Report (1999)** - Stephen Lawrence case
* Media's sensationalised headlines - exaggerate ineffectiveness of police in order to evoke fear in public - leads to police playing to moral panics e.g. South Yorkshire Police asked BBC to film their raid on Sir Cliff Richard, but he was cleared of charges, so they had to pay for damages
* Ethnic minorities underrepresented in police force
* Dropping cases without full investigation - 48% of cases dropped without a suspect
*
42
Are the police effective in achieving social control? *(strengths)*
* Most of the time highly effective, they play a vital role in maintaining law and order
* Many important specialisms and expertise
* Report by HM Inspector of Police in 2017 found 2/3 of people working with victims of domestic violence think that police approach has improved in the last 3 years
* Listening to public concerns by working on underreported crime such as hate crime and domestic abuse, more of these crimes are being reported now.
43
What are the roles, aims and objectives of the CPS?
* Advise police
* Assess evidence brought by police
* Decide if a prosecution should be brought
* Prepare and lead the prosecution case in the court
* Support victims and witnesses
* Provide objective stance on cases as they solely look at evidence
* They are independent
* Based on equality and inclusion (due process model)
44
Hoe is the CPS funded?
Central government - half a billion a year
Costs paid by defendants
Goods and assets recovered from criminals
However, CPS budget has been cut
45
What is the role of the probation service in social control?
To supervise high-risk offenders released into the community and support their rehabilitation
## Footnote
They work with offenders on unpaid work and education.
46
What is the reach of the CPS? What crimes does it deal with?
14 local branches
15th branch - CPS Direct - offering 24/7 advisory service to the police
Deals with all types of crimes and offenders, including very serious crimes, it may not deal with minor crimes
47
What is the Full Code test? What is it needed for?
To allow a prosecution to take place
Consists of two tests: Evidential test and Public Interest test
ET: is evidence admissible in court, is it credible & reliable
PIT: seriousness of offence, is prosecution a proportionate response, impact on community, age and maturity of suspect, what harm to victim, suspect's level of culpability
48
What is the Threshold test? What are its conditions?
If the FCT is not met - threshold test:
5 conditions must be met:
reasonable grounds to suspect person,
reasonable grounds to believe more evidence will be obtained that could lead to a conviction,
crime is serious enough to justify charging suspect immediately,
substantial grounds to object bail,
in the public interest to charge suspect
49
Are the CPS effective in achieving social control? *(weaknesses)*
* Criticised for dropping weaker cases in order to maintain its high conviction rate - so some suspects get away with it
* Denies vulnerable victims the chance to have their case heard e.g. in the Guardian allegation made that the CPS wasn't taking on 'weak' rape cases as they are harder to convict
* Some argue that the CPS should not use the likelihood of conviction as the basis for its decisions
* Evidential test may not always serve the interests of justice
* Between 2014 & 2018, rape reports more than doubled, however, prosecutions FELL - so lack of social control in regards to rapists
* Cuts in funding - struggles to cope with workload - 1/3 of staff lost
* Bureaucratic and poor communication, prolonged stress for victims and defendants
50
Are the CPS effective in achieving social control? *(strengths)*
* FCT gives a standard and fair approach to decision-making
* Ensures lack of bias and more efficient use of public funds - as they are independent and objective
* In 2018, very high success rate, 84% of defendants were convicted - efficiency
51
What is the significance of the judiciary in the criminal justice system?
Judges interpret laws, apply them, and manage trials
## Footnote
They ensure fair and consistent legal proceedings.
52
What are the aims and objectives of the judiciary?
53
How are the judiciary funded?
54
What is the philosophy of the judiciary?
55
What is the reach of the judiciary?
56
What do the working practices of the judiciary look like? what type of offenders do they deal with?
57
Are the judiciary effective in achieving social control? *(weaknesses)*
* claims of over-lenient sentences are increasing - letting criminals get away with less punishment
* 2016 - 141 prison sentences were increased by the Unduly Lenient Sentences Scheme - this scheme applies to the most serious* offences e.g. rape, murder trafficking, child abuse - goes against public protection
* sometime unduly severe sentences - London riots 2011
* judges: 50% over 50, 95% are white, 74% had private education - so may have lack of understanding towards individuals with different backgrounds to them
58
Are the judiciary effective in achieving social control? *(strengths)*
* knowledge and expertise
* ensuring fairness and due process
* correct application of the law
* fairness and consistency of sentencing
* independent of politics so objective
59
What are the aims and objectives of the prison service in social control?
To keep those sentenced to prison and oversee their welfare
## Footnote
They enforce punishment and manage prisoner rehabilitation.
60
What is the philosophy of the prison service?
To keep those sentenced to prison in custody and help them lead law-abiding, useful lives whilst in prison.
## Footnote
They work with police, councils, and charities.
61
How is the prison service funded?
Funding comes from government through taxation.
62
What are the working practices of the prison service?
Category A, Category B, Category C, Category D.
## Footnote
Category A is high risk/maximum security, Category D is low risk/open prisons.
63
What are the aims and objectives of the probation service?
64
What is the philosophy of the probation service?
65
What are the working practices of probation officers?
Prepare pre-sentence reports, select appropriate sentences, supervise offenders post-release, and communicate with victims of serious crimes.
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69
What are the characteristics of charities and pressure groups in relation to the criminal justice system?
They are not government funded, rely on voluntary donations, and provide independent advice.
## Footnote
Examples include The Prison Reform Trust.
70
What is the main objective of the Prison Reform Trust (PRT)?
To reduce unnecessary imprisonment, improve treatment & conditions for prisoners, and promote human rights in the CJS.
71
What is the aim of the Howard League of Penal Reform?
To achieve less crime, safer communities, and fewer people in prison.
72
What are some environmental design tactics to reduce crime?
* Creating open spaces with strong lighting
* Reducing blind spots
* Installing CCTV and surveillance
* Gated lanes in alleys to deter burglars - creates a natural territoriality - but expensive
* design including CPTED
73
What is CPTED?
Crime Prevention Through Environmental Design - the environment should encourage a sense of ownership (territoriality)
## Footnote
It focuses on altering the physical environment to reduce crime opportunities.
Newman, an architect, believed that if an area is unowned and uncared for then it is *'indefensible'* - in his study in NY he found that 50% of crime occurred in these areas (Damilola Taylor case)
74
What is the link between CPTED and right realism?
* reducing rate of crime - looks at crimes and how situational changes can be done to prevent this happening
* involve making it harder for criminals to commit crime
75
What is a traditional prison design approach?
The panopticon shape, allowing observation of inmates without their awareness.
76
What does prison design look like today?
Supermax prisons: offenders are segregated depending on their crime/risk factor
Other: UK prisons have accommodation divided into smaller units for easier management
prison design has changed to encourage voluntary cooperative behaviour
Norway - Bastoy Prison - results in lower recidivism rates
77
What are some behavioural tactics?
ASBOs are Anti-Social Behaviour Orders; CBOs are Criminal Behaviour Orders used to limit anti-social behaviour.
78
What are some institutional tactics?
The Prison Service has its rules: offending, threatening, preventing staf from doing their job, escaping from prison, using alcohol/drugs
If these rules are broken: warning, cautions, loss of privileges (IEPs) for up to 42 days, cellular confinement for up to 35 days, moving to a higher security prison
79
What are gaps in state provision?
* budget cuts: police cut by 19% (loss of 20,000 officers), CPS cut by 25% (loss 1/3 of staff), prison by 16% (loss 15% of staff)
* new technology: head of CPS (Alison Saunders) said it took 600 police hours to go through digital material of one rape case linked to tinder
80
How can laws create gaps in state provision?
Adhering to one set of laws can prevent others from being implemented e.g. foreign terrorists using the Human Rights act to stay in the UK avoid being deported
Or if a new type of crime emerges but there is no law in place to prosecute e.g. the terrorist who killed 51 Muslims at a mosque was able to livestream the massacre
81
What is the 'dark figure of crime'?
Unreported crime that police cannot detect unless brought to their attention.
Statistics: 40% of crimes go unreported, only 1 in 4 rape cases reported
82
What are some limitations of agencies in achieving social control?
* Repeat offenders/recidivism
* Civil liberties and legal barriers
* Access to resources and support
* Finance - limited funding and resources
* Local and national policies
* Environment
* Crime committed by those with moral imperatives
83
What is recidivism? How does it affect social control?
It is the tendency of a convicted criminal to reoffend.
84
What impact do budget cuts have on social control?
They lead to a shortage of police officers, prison staff, and resources, affecting the effectiveness of agencies.
85
What is a moral imperative in the context of crime?
A strongly felt principle that compels a person to commit acts they believe are morally justified.
86
How does the police's effectiveness in social control get challenged?
Through labels of institutional racism and high rates of unsolved offences.
87
What challenges does the judiciary face in achieving social control?
* Increased appeals due to lenient sentences
* Perceived disconnect from societal realities.
88
How effective is the prison service at achieving social control?
Limited effectiveness due to rising recidivism rates and prison disturbances.
89
What are the limitations of probation services?
* Probation staff often focus too much on paperwork rather than on supporting prisoners.
* 19/21 of the community rehabilitation companies (CRCs) have missed their re-offending targets and government expectations - leading to £342 million extra being spent to improve the situation
* CRCs are short staffed, so higher workload
* CRCs fail to protect victims from abusers released from prison
* it is privatised, the government has no way of knowing how well these companies are performing - Glenn Stacey (head of probation service) said it should be in public domain
* shortages of education and rehabilitation schemes in NPS
90
What are the strengths of the probation service?
91
What is the impact of the Howard League of Penal Reform?
Successful campaigns like 'Books for Prisoners' have led to significant reductions in child arrests.
Statistic: number of child arrests dropped by 2/3 from 2011-2018
92
What is one limitation of charities and pressure groups in achieving social control?
Their effectiveness is limited as they can only put pressure on governments but cannot force them to take action
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