imp Flashcards
Criminal justice is described as a BLANK rather than a process
INTERDEPENDENT System rather than a PROCESS
Attrition
Concept of discretion in practice
ways cases are selected in and out of criminal justice system
Out of all offenses in one year in uk, 2% end up in formal court proceedings
Prosecution in England and Scotland
Crown Prosecution Service
Crown office and the procurator fiscal
What kind of Model of Prosecution are the US and UK
expediency - us and uk
-gives wide discretion and flexibility to prosecutor over decisions over most stages
Concept of public prosecution developed when in scotland
15th Century
Who said this about sentencing decisions and discretion
the decision comes first. In all but the hardest cases, the judges “know” what the right decision is, call this instinctive synthesis or whatever you like… if required to justify this decision, post facto arguments can be constructed
David Hutton
some limited evidence of inconsistency in scotland
BLANK of scotland said in a statement that although there is little evidence of it, there is“public perception of inconsistency in sentencing that is a danger to public confidence in the criminal justice system”
some limited evidence of inconsistency in scotland
sentencing commission of scotland said in a statement that although there is little evidence of it, there is“public perception of inconsistency in sentencing that is a danger to public confidence in the criminal justice system”
finland
finland has lowered its prison population and its crime rate has flattened
discretion in UK sentencing
sentencing guidelines with increasing levels of seriousness and culpability
offence specific guidelines and generic guidance
-more flexible than numeric guidelines
2 steps
1-starting points
2-aggravating and mitigating factors
highest court
The High Court of Justiciary
scotland’s public defender office
Public Defender Solicitor Office
The US implemented numeric style sentencing when
the mid 70s
During the 18th century, popular resistance to
public execution and torture
“civilizing of conduct” - Norbert Elias
A 19th century British philosopher, and social theorist. He is regarded as the founder of modern utilitarianism.
Came up with a design for a prison he called the panopticon , maximize surveillance - thought surveillance would lead people to moderate their own behavior- like cctv
Jeremy Bentham
writer for prison as punishment
- Deprivation of liberty
- Freedom of movement
- Freedom of association - Deprivation of goods and services - cigarettes, alcohol etc
- Deprivation of sexual relationships
- Deprivation of autonomy
- Deprivation of security
Sykes 1958
Criticisms of Community Punishment
–‘Sentence stacking’ and ‘up-tariffing’
- “dispersal of discipline”
- net widening
looked at sentencing for 3 types of offence
Dowds and Hedderman (1997)
Worrall (1987)
Evidence of Double-deviance
Female offenders with domestic responsibilities treated more leniently
Young single women and women in positions of authority were not treated sympathetically
Crimes outside these categories of ‘women’ crimes’ were considered less acceptable (Worrall, 1987)
by age of 30, BLANK% of men with major mental disorder had a criminal conviction compared to BLANK% with no mental disorder
by age of 30, 50% of men with major mental disorder had a criminal conviction compared to 32% with no mental disorder
X% of male prisoners in the UK have mental health or drug problems (higher for women)
70% have mental health or drug problems
stop and search power in uk
Police and Criminal Evidence Act 1984
section 60 of the Criminal Justice and Public Order Act 1994
Per 1,000 of the population, Black persons were Stopped and Searched X times more than White people in 2010
and X times more in 2007
Per 1,000 of the population, Black persons were Stopped and Searched 7.0 times more than White people in 2010 compared to 6.0 times more in 2007
Ministry of Justice
Per 1,000 population, Black persons were arrested X times more than White people
3.3
Per 1,000 population, Black persons were arrested 3.3 times more than White people
Ministry of Justice
eastern state penitentiary
spokes 1829
