Topic 4 - Crime and Punishment Flashcards

Question

strengths of the cps at achieving social control

Answer 1

● The CPS have had some success in achieving social control by preparing and presenting cases in court to secure conviction, for example in 2018 the CPS prosecuted 80,000 cases in Crown Court and over 450,000 cases in Magistrates’ Courts with 84.1% of the defendants prosecuted being convicted

Answer 2

● Media reporting of the CPS's performance has not always been favourable. In 2018 the Guardian reported that the CPS’s specialist rape prosecutors had been advised to drop a number of supposedly “weak” cases - which experts advised would limit victims’ access to justice - espiecally those who are vulnerable and less likely to sway a jury. ● ● The evidential test carried out by the CPS is based on whether it would convince a jury of a guilty verdict - but trial outcomes shouldn’t be the focus it should be more about bringing cases to justice and encouraging more victims to report crimes. ● ● In recent years the CPS has suffered budget cuts of 25% and it has lost a third of its staff. This makes the job incredibly difficult because it creates back logs when there are less staff but advancements in evidence such as digital technology to extract evidence from which creates additional heavy workload.

Answer 3

● Although there have been cases of gender bias in the judiciary, they seem less common today than in the 1980s or 1990s and may be less a cause of current concern ● Although criticised for being out of touch with society, being this way may just mean judges get to remain independent by avoiding being swayed or unduly influenced by public opinion, media outrage and moral panics.

Answer 4

● The media often present judges to be old, white, upper-class males who are out of touch with society. Because judges tend to come from a narrow, unrepresentative section of society they are sometimes suspect of making biased judgements as a result - 71% of judges are male - only 5% of judges are from minority backgrounds ● Although criticised for being out of touch with society, being this way may just mean judges get to remain independent by avoiding being swayed or unduly influenced by public opinion, media outrage and moral panics. ● Judges have often been criticised for handing out unduly lenient sentences, and if it is felt that there has been a gross error in the sentencing decision the Court of Appeal will be asked to review the sentence and if necessary increase it. In 2017, 173 cases were referred of which 137 had their sentences increased.

Answer 5

● Attempt to encourage rehabilitation so that prisoners can live a crime-free life when released ● Social control can be maintained whilst the inmates are physically in prison, getting basic needs and support.

Answer 6

● Social control over inmates has become harder over the years due to staff and budget cuts. Between 2010 - 2018 the number of prison officers fell by 15%, and by 2018 a third of prison officers had less than two years’ experience due to experienced staff being more likely to leave ● It is hard to maintain social control when prisons have become significantly overcrowded. The prison population has almost doubled from 43,000 in 1993 to roughly 83,000 in 2019, leading to 58% of prisons being overcrowded leading to discontent and rule breaking ● Many prisoners serve short sentences, there is not always time to address their complex needs for rehabilitation to be effective

Answer 7

● The National Probation Service (NPS) have been more successful than privatised services in achieving social control, and has about half the rate of re-offending compared with prison

Answer 8

● Some probation services belong to a privatised sector of community rehabilitation companies. In 2014, 21 private companies called Community Rehabilitation Companies (CRCs) were set up, but 19 out of the 21 failed to meet their targets for rehabilitating offenders and had to have an extra £342 million pumped in ● Companies like CRCs often failed to provide adequate protection to victims and their children when domestic abusers were returned to the community, as without supervision it defeats the objective of keeping the community safe ● NPS are suffering from a critical national shortage of probation officers and high workloads have led to professional standards being compromised.

Answer 9

● Charities are often better placed to reduce offending and reoffending than government agencies like probation officers as they have a strong commitment to one group or issue and specialist knowledge of people’s needs. ● Often strongly motivated and go the extra mile in a way that the government of privatised agencies may not. For example, Nacro campaigns to end Friday releases from prisons to prevent individuals having no time to access vital services which may lead to sleeping rough, which is a major driver of re-offending.

Answer 10

● Voluntary organisations, so they only exist where people are concerned about a particular issue or group - not always a large number of individuals ● A lot of charities are set up about the victim of a crime and not aimed at the criminal themselves in attempt for rehabilitation and preventing re-offending. Media can demonise a particular category of an offender, which makes it harder for charities that work with them to build support ● Easier to persuade the public to donate funds for some group or causes than others that can be just as equally important or deserving. Governments will support and fund charities often too, but only if it fits with their political and financial priorities.

Answer 11

described as a model of justice which believes in preserving the rights of defendants and the idea of a suspect being innocent until proven guilty. focuses on the fairness of defendants by ensuring police powers are not increased

Answer 12

To protect society, criminals should be caught and locked up as quickly as possible. It’s worth risking a few innocent people going to prison if this helps us to catch most of the guilty ones ● To protect the individual, it shouldn’t be easy to convict a person of a crime. It’s better to risk some guilty people going free than to send an innocent person to prison

Answer 13

The partial abolishment of ‘double jeopardy’ rule for serious offences in Criminal Justice Act 2003 ● The extended pre-charge detention time up to 28 days for terrorist offences in Terrorism Act 2006 ● Allowing the introduction of ‘bad character’ evidence and previous convictions information for the courts to consider when deliberating a verdict ● Increase in stop and searches in England and Wales 2020 ● No automatic appeals in crown court cases ● Not judged by jury in magistrates’ court (magistrates more likely to convict) ● Inference of guilt when suspect/defendant remains silent (not a right to silence) ● Immigration Act 1971 (Windrush for example)

Answer 14

1. The acknowledgement of the need for police procedural safeguards by the introduction of the Police and Criminal Evidence Act (PACE) 1984 2. All interviews are now recorded and suspects have the right to legal representation, as well other rights afforded to suspects. 3. The Human Rights Act 1998 allows for criminal justice practices to be thoroughly looked at from a human rights perspective 4. GOWISELY in Stop and Searches 5. Rules of evidence that must be followed 6. Trial by jury of your peers and the right to appeal conviction and/or sentencing

Answer 15

labelling theory, left realism

Answer 16

Police may be tempted to act illegally and harrass groups that they label as ‘typical criminals’ • The Due Process model offers some protection as it requires the police to follow lawful procedures • Police must follow due process - act lawfully and non-discriminatory

Answer 17

whitehouse far,

Answer 18

• Argues that oppressive ‘militaristic policing’ of poor areas triggers confrontations • Residents would be unwilling to help the police, as there is a lack of trust in this authority.

Answer 19

Offenders are punished, to give us our revenge.

Answer 20

This is used to discourage criminal behaviour in the first place.

Answer 21

this is an attempt to reform offenders behaviour

Answer 22

Punishment removes offenders from society to protect the public.

Answer 23

Offenders should give back to victims or society, to repay harm done.

Answer 24

● Giving offenders’ life sentences for the most serious crimes. ● Giving the death penalty for the most serious crimes (capital punishment).

Answer 25

● Giving mandatory custodial sentences for certain offences e.g. firearm possession. ● Public shaming of convicted offenders to deter others.

Answer 26

● Giving offenders community orders to carry out. ● Educational programmes within prisons to improve opportunities when rejoining society.

Answer 27

● Giving maximum security custodial sentences for public protection. ● Use of solitary confinement during custodial sentences to protect offender/others.

Answer 28

● Giving offenders community orders to carry out. ● Offenders and victims participating in restorative justice.

Answer 29

prisons take away an individuals liberty, sense of freedom and agency helps the public feel a sense of justice

Answer 30

• Living conditions in prisons are not great. Food in prison is not great. Hygiene in prison is not great • Organisations such as the Prison Reform Trust have done activism for years trying to improve the conditions people live in, in prison

Answer 31

For most members of the population, the threat of going to prison and the ramifications of being convicted of a crime acts as a major deterrent against committing crime (general deterrence). Horror stories about the living conditions, and brutal subcultural norms of prison life is enough to scare most people into law-abiding

Answer 32

Prisons only work as an effective deterrent if people are: • Rational-thinking when they commit crimes • Actually scared about prison life

Answer 33

• Undeniably prison is an effective way of incapacitating offenders - it can at times be used to literally incarcerate to protect the public (IPP sentences) • In theory, putting people in prison gets them away from the public, and while under such strict surveillance, prisoners are prevented from committing more crimes • Lengthy mandatory, discretionary and indeterminate sentences give the courts the power to keep people off the streets

Answer 34

Some consider prisons ‘universities of crime’: • Gangs in prison • Radicalisation in prison is a growing problem • Drug dealing and use is getting worse (10.6% of random drug tests were positive in 2017/18 (HM Prison & Probation Service 2019)

Answer 35

an overarching issue is cost and funding. Prisons struggle to meet any of the aims of punishment due to how expensive it is to run them, and the lack of funding they have received from the government since 2010

Answer 36

retribution, deterrence, rehabilitation, incapacitation and reparation

Answer 37

are for minor offences, but not so minor that a fine or discharge will suffice eg. Assault, benefit fraud, vandalism

Answer 38

• Between 40 and 300 hours of community payback eg. litter picking, removal of graffiti • Supervision by a probation officer • A curfew or tag • An approved residency • A group programme • Treatment for addiction including testing

Answer 39

Retribution • Rehabilitation • Reparation

Answer 40

• Community sentences unlike imprisonment is a visible, out in the open punishment – you are not hidden away • You literally have to wear a high-vis vest that says what you are doing – you are named and shamed • Also like prisons, they do take away elements of your freedom – you are forced into unpaid work and have to meet curfews and possibly have restrictions on where you can go

Answer 41

as of 2017, just 8% of offenders receive a community order

Answer 42

• Community sentences do involve offenders paying back their debt to society – just not through money • You may be expected to repair damage that you yourself inflicted (or damage similar to your offence) • You are paying reparations to the community in which you live through things such as cleaning of graffiti, litter picking or decorating public buildings

Answer 43

• The offence - different offences have different maximum fines by law • The circumstances of the crime • The ability to pay

Answer 44

retribution, deterrence, reparation

Answer 45

• If you are aware of the maximum fine of committing a crime you may think twice about committing it • Fines hit people with what many people care most about - their money • It can also be a major warning for people as the next offence is often more serious

Answer 46

•As previously stated, fines hit people with their hard earned cash •Having to pay a fine is often quite stressful and makes a person suffer for the crime they have committed

Answer 47

offenders will not be punished unless they commit another offence within the set period (up to three years). If the conditions are broken they will receive a new sentence that results in a criminal record

Answer 48

an offender is still technically guilty, however they are not given any punishment or conditions. This is very rare and normally in a minor offence in which the offender has little to no culpability eg. being bullied into stealing from a shop

Answer 49

deterrence, rehabilitation

Answer 50

•A discharge is a pretty effective way of deterring future crime (minor offences) – the offender may be shaken up by the process of going to court •This is likely because the offender was not a particularly serious criminal in the first place and likely showed significant remorse for their actions - this is what led to the discharge in the first place

Answer 51

•Discharges are uncommon and minor and therefore do not meet many of the aims of punishment with the exception of deterrence

Answer 52

• Divided into constabularies around the country • They investigate crimes • They prevent crimes from occurring • They collect evidence and identify witnesses • They maintain social order and support the welfare of citizens • They investigate, arrest and question suspects • They provide evidence in court cases

Answer 53

• The police’s underlying philosophy is to keep society safe and cut levels of crime. • They make targets and be tough on crime • However they aim to not discriminate, be ethical and treat everyone fairly • They try to remain professional at all times, show integrity, courage and compassion to vulnerable people

Answer 54

• Protect the public/society • Bring safety and put people at ease on the streets • Deter crime and reduce the crime rate level within society • Uphold law fairly and firmly • Provide external social control to encourage conformity to social rules • Protect life and property, preservation of the peace, and detection of criminal offences • Support of victims

Answer 55

• The majority of the Police funding comes from central government grants • The police is under the responsibility of the Home Office • A third of Police funding comes from their share in council tax. • The total police budget in 2018/19 was £12.3 billion. £8.6 billion is funded by central government, with the rest funded by council tax contributions and charging for some services • There is a £728 million funding for counter terrorism 2018/19 • The Government is proposing a total settlement for the policing system of up to £15.2 billion in 2020/21 - this is an increase of £1,121 million compared to 2019/20

Answer 56

• Divided into constabularies around the country - 43 across England and Wales • There are currently 123,171 police officers • Certain roles within the police are shared across constabularies eg. geographical profilers • The police directly work with offenders as they are responsible for enforcing the law, they work with varying levels of criminals minor to major crimes • The police have various jobs such as responding to emergency/non-emergency from the public. • There are various divisions for dealing with different crimes including SOCOs, forensic specialists, armed response teams, cyber crime divisions, detectives, profilers

Answer 57

• The CPS advises the police in the early stages of an investigation, such as what evidence may be required to prosecute • They decide the appropriate charge or charges for a suspect, by independently assessing the evidence available • They examine both physical and testimonial evidence to determine if it will be found admissible in court • Prepares and presents cases for court including preparation of witnesses

Answer 58

• Make sure that the right person is prosecuted for the right offence and to bring offenders to justice wherever possible • Prosecutors must be fair, independent and objective. Be honest and open, treat everyone with respect, behave professionally and strive for excellence. This is the main reason the CPS was formed as an independent organisation from the police in 1986 (The Prosecution of Offenders Act 1985) • Prosecutors must be satisfied that there is sufficient evidence to prosecute a suspect • The CPS works closely with the police, courts, the Judiciary and other partners to deliver justice • Lawyers must follow the code for crown prosecutors • End unlawful discrimination because of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation

Answer 59

•To decide which cases should be prosecuted •Determine the charges for serious or complex cases •Advise the police •Provides support and assistance to the victims and witnesses •Prosecutors must be fair •Prepares the cases for court in order to have all the information and evidence organised for court •Must have sufficient evidence to prosecute

Answer 60

• The government fund the CPS • Parliament approve the majority of the budget • In 2016-17 the budget was over £500 million • When the courts award costs the CPS then recover some costs of its prosecution from defendants • The CPS recovers criminal assets through its confiscation, restraint, and enforcement of criminal activities • In 2019 the CPS received an additional £85 million to enable them to respond effectively to challenging trends we currently face, from the surge in violent crime, to the explosion of digital evidence

Answer 61

• The CPS is involved in the prosecution of every single prosecuted offence in England and Wales • The CPS operates across England and Wales, with 14 regional teams prosecuting cases locally. Each of these 14 CPS Areas is headed by a Chief Crown Prosecutor, and works closely with local police forces and other criminal justice partners. • CPS Direct is accessible 24 hours a day; helping the police with advice regarding charges • The CPS decides whether or not to prosecute people in court. There is a code of practice used to help decide if a prosecution should take place. Therefore, any types of crime, minor to severe have to pass the code of practice in order for it to be dealt in a courtroom. • Within the code of practice it consist of full code of practice and threshold test, it looks at the evidential test and public interest test. • Can grant bail to suspects (released from custody)

Answer 62

•The judiciary refers to the collection of judges across England and Wales operating in Crown Courts, the High Court of Appeal and the Supreme Court •They decide the sentences in cases •They assist in the outcome of cases through advising juries •They are there to interpret and apply the law fairly •To give people a punishment for a wrongful action •To give justice to those who have been victim of a wrongful action

Answer 63

• The philosophy of the judiciary is to provide impartial justice in criminal cases. They operate in accordance with the due process model in ensuring that defendants receive a fair trial • Their decisions must be in-line with guidance by the sentencing council and other decisions made by judges (judicial precedent) • It is crucial the law is understood to a very high level and is applied correctly and fairly • It comes under the responsibility of the judiciary to potentially overturn flawed laws, and wrongful convictions in the process of delivering justice • Judges have been involved in advancing civil rights and the rights of the accused

Answer 64

•To ensure the rule of law and legal security for individuals •Making sure the law is interpreted and applied correctly. •Give out just sentences •Provide clarification on the law – either through jury guidance or setting precedent

Answer 65

• As civil servants, the judiciary are funded through the government • Judges are paid a salary that is decided by a recommendation from the Senior Salaries Review Body. The Senior provides advice to the Prime Minister, the Lord chancellor and the Secretary of State Defence on the (money paid) of the judiciary • The council of the judiciary should have the right to propose a budget, once a budget is agreed then the council should allocate the funds to individual courts

Answer 66

• Judges operate in four different courts - the Crown Court, the Court of Appeal, the Supreme Court of Justice and the European Court of Justice • Altogether there are 91 crown courts across the UK (England and Wales) • There are 600 circuit judges currently working in the UK • There are Crown Courts that are all over the country that hold the trials of indictable and triable either-way offences such as murder and GBH • Judges can hear a case without a jury if they believe the case will be long/complex • Judges have to take an oath of allegiance and the judicial oath

Answer 67

• Organise and run the prisons of the England and Wales and are responsible for those in custody • They are responsible for rehabilitation programmes so that prisoners that are released lead law abiding lives • They support effective offender management and post-prison care • They run 103 of the 117 prisons in the UK

Answer 68

• Prisons believe in punishing the offender while keeping ethics in tact. • They want individuals to lead law-abiding lives in and out of prison and to make their time in prison not ‘wasted’

Answer 69

• House offenders during their prison sentence, providing a safe and secure environment for the prisoners • Rehabilitate prisoners through anger management or drugs and alcohol treatment programmes • To play a role in a prisoners training so they must be able to establish positive relationships with different people and to maintain a balance between authority and compassion to help reintegrate the offender back into society • Perform security checks and search procedures on prisoners, staff and visitors • To prevent potential crime by making it known to the public that crime will lead to prison • Supervise visits and carry out patrol duties

Answer 70

• The prison service lies within the public sector. They receive a government grant allowance from HM Prison & Probation Service – a part of the ministry of Justice. This is gained from taxation • In 2018, the government had spent a total of £3.2 billion on prisons. In 2016, they announced a statement of £261 million of additional funding over 3 years to recruit 2,500 additional prison officers to improve prison safety • There are 14 private prisons contractually managed by private companies such as Sodexo Justice Services, Serco and G4S Justice Services. All private prisons have a 'Controller' linking them to the National Offender Management Service, and the governors of private prisons are called 'Directors‘ – this is a way of minimising the level of public expenditure on prisons

Answer 71

• Prisons in the UK are national • There are 117 prisons in England and Wales (103 are ran by HMPPS and the rest are privately owned) • 12 are women’s prisons • The current prison population capacity is 85,000 people (with 83,000 in prison) Private prisons tend to be larger the public prisons • Prisons have a range of rehabilitation programmes designed to help prisoners. There are also reward systems in place (IEPs) to incentivise good behaviour • There are four types of prison • Category A - High Security • Category B - Local & Training Prisons • Category C - Training & Resettlement • Category D - Open Prisons

Answer 72

• Set up in 2014 They do similar things as the Prison Service except they manage and supervise those who serve sentences in the community. They also provide support to those who are released from prison but are still serving a sentence • They provide pre-sentencing reports for the courts to help guide the appropriate sentence • They manage approved premises for offenders with a residence requirement on their sentence • They assess offenders in prison to prepare them for release on licence to the community • They help all offenders serving sentences in the community to meet the requirements ordered by the courts • Again they provide support for rehabilitation and post-sentence reintegration to society • Provide support for victims of serious sexual and violent crime

Answer 73

• The probation service believes in reducing reoffending rates by supervising and effectively rehabilitating those that have been released from prison, this in turn makes the public feel more safer whilst also reducing re-offending • Fulfilling the belief to reform all prisoners into law-abiding citizens again and allow them to be a benefit to society through continuing supervision while then are in the community

Answer 74

• Work with around 30,000 offenders to support them in their rehabilitation and transition back into society; whilst protecting members of the public • Communicating with and prioritising the wellbeing of victims of serious sexual and violent offences, where the offender has received a prison sentence of 12 month or more, or is detained as a mental health patient

Answer 75

• Like prisons, they are funded by the HMPPS - Her Majesty's Prison and Probation Service, an executive agency of the Ministry of Justice. Money ultimately comes from taxation • Funded through the National Offender Management Service (NOMS) • There are 35 probation trusts that receive this money • Community rehab companies are self-funded

Answer 76

• There are 7 divisional areas of the CPS with 35 probation trusts working within them • A probation officer will undertake the full range of work with the offenders before and after sentences - this includes, assessment, sentencing, managing offenders throughout their conviction and report writing • Day-to-day probation officers manage caseloads. They provide information to courts and work closely with the agencies • They also support offenders - this means providing practical advice about housing and employment

Answer 77

• Charities and pressure groups are agencies of social control in that they attempt to pressurise the other formal agencies to reform and change their ways • These are not-for-profit organisations that mainly receive are donations and the winning of government grants for research • They campaign to change organisations and help those who go through the criminal justice system • These include groups such as: • The Prison Reform Trust • Criminal Justice Alliance • Nacro

Answer 78

• The underlying philosophy of charity organisations are ultimately to help others and improve society • A pressure group will try to instigate social change in relation to something they see as negative in society • Often a pressure group will also be a not-for-profit organisation (a charity). Their work is about benefiting society as a whole, not to make money

Answer 79

• Aims and objectives will be different for different groups. For example the Prison Reform Trust aim to: • Promote human rights to prisoners • Improve treatment of those in prison • Reduce unnecessary imprisonment (especially women and young people) • Promote community solutions to criminality

Answer 80

• Charities and pressure groups are non-profit organisations therefore they cannot make many money • However they need money to conduct their work • This comes from donations from patrons, sometimes some governmental funding, but also their money can go further as they receive tax benefits from the government

Answer 81

• Objectives are normally achieved through: • Conducting research • Running campaigns • Lobbying governments • Organising protests

Answer 82

1) green paper is published by a gment department to provoke discussion 2) white paper - governmental department publishes paper outlining consultation and a ‘draft’ of the bill. 3) First Hearing Formally announced in House of Commons, initial vote held. 4) Second Hearing If succeeds first vote, debated by MPs, further vote held to proceed. 5) The Committee Stage Committee of MPs examine the Bill in detail. Changes will often be made at this stage. 6) The Report Stage Report from Committee is debated by House of Commons. Votes held on any amendments. 7) Third Hearing Final hearing and final vote on whether to pass or reject Bill - no amendments can be made. 8) House of Lords Now goes through same steps but in House of Lords. If amendments, go back to House of Commons. If accepted by House of Lords, can proceed to Royal Assent. 9) Royal Assent If both the House of Commons and Lords pass the Bill, it goes to Royal Assent to be approved by the Monarch and becomes an Act, which then makes it law.

Answer 83

Case law is when a member of the judiciary makes a ruling (or overruling) on a case which sets a precedent for all other courts. These cases are published in law reports which provide consistency for future cases – this can apply for both a court of first instance case, or an appeal court (eg. Supreme court)

Answer 84

1. Judicial precedent 2. Statutory interpretation

Answer 85

• When a judge makes a ruling in a certain case – particularly one in which the case deals with a grey area in the law – it sets a precedent for future cases. In other words it creates a ‘law’, that all judges in other similar cases in the future must follow • This creates consistency and fairness and has largely shaped the law of the England and Wales throughout history • Judicial precedent can only be used if the cases are similar or if the legal principles involved have not changed

Answer 86

The law on Marital Rape - a good example of overruling a precedent. In the case of R v R (1991), a husband had been convicted of attempting to rape his wife. The man appealed on the grounds on the grounds of centuries-old precedent that a husband could not be guilty of raping his wife because the marraige contract gave a wife’s “irrevocable consent” to sex. But, the court of appeal overruled this on the grounds that “irrevocable consent” is unacceptable today because a couple are now seen as equal partners in a marriage.

Answer 87

• Statutory interpretation is simply how a new ‘law’ is technically created through interpreting a statute • They can modify the literal words of the statute to create a new law to ensure that an absurd result does not happen (the golden rule) - eg. vicinity of naval base • They can come away from the words of the statute completely as long as the ruling is in line with what the statute intended to achieve (the mischief rule) eg. public advertising of prostitution • These then create precedents for future cases

Answer 88

Golden Rule’ R v Sigsworth (1935) A son murdered his mother before she had made a will. He stood to inherit her entire estate because she had not made a will. The court then said that this would be an absurd outcome and that you should not be able to benefit from your crime. The golden rule was used saying that applying the literal rule of inheritance would lead to an absurd outcome. He was then entitled to nothing.

Answer 89

• This is the main house of Parliament • It is made up of 650 seats in which Members of Parliament (MP) sit • An MP is an elected representative of a constituency. They get elected during a General Election or By-election • We currently have a Conservative government with 364 of the 650 seats going to Conservative MPs

Answer 90

• This is the second house of Parliament • It is made up of approximately 800 peers • It is called the House of Lords as it dates back to when areas of the country were governed by noblemen (Lords, Dukes, Barons etc.). This gave them a birth-right to be involved in government • In this day and age only 92 peers have their place in the House of Lords due to inherited titles. The majority earn their status due to a high level of experience or respect in a particular field in society eg. the church, politics, economics, business, the judiciary, academia etc.

Answer 91

statutory law (governmental processes) and case law(judicial processes)

Answer 92

Social Control relates to persuading or compelling people to conform to society’s laws, norms and expectations • In other words, it is how society controls our behaviour, so we follow the law!

Answer 93

• Deterrence/fear of punishment e.g. CCTV • Education - sanctions e.g. detention • Employer/Workplace • Government/Law Enforcement/The criminal justice system • Media • Sanctions • Parents & peers/friends - sanctions • Social sanctions/expectations

Answer 94

• Embarrassment/shame • Self control • Motivation • Moral Conscience (right/wrong) • Decision making/rationality

Answer 95

• External forms of social control come from outside of yourself, from other people in society • Society externally controls our behaviour through agencies of social control • Agencies of social control are organisations that impose rules on us to make us behave in a certain way

Answer 96

agencies of social control and the criminal justice system

Answer 97

a predetermined minimum punishment that must be impose for certain offences

Answer 98

a punishment that allows the judge to use their discretion and consider various factors when determining the appropriate sentences for an offence

Answer 99

a specific and fixed period of time that is imposed as punishment for crime

Answer 100

a type of punishment where the length of imprisonment is not fixed

Answer 101

when a judge decides to delay or suspend a sentence for a certain period of time

Answer 102

the minimum period of time an offender must serve in prison before becoming eligible for parole or release

Answer 103

the concept that the punishment of individuals for committing crimes served as a deterrent to others who might consider engaging in similar behaviour

Answer 104

when the punishment of a specific offender is intended to deter that individual from committing future crimes

Answer 105

the tendency of a previously convicted individual to reoffend or engage in criminal activity after being released from prison or completing a sentence

Answer 106

approaches taken by different social institutions to maintain social control – everything we have just discussed also are institutional tactics. Institution is just another word for an agency.

Answer 107

environmental - changing the external things/ putting something in place in order to stop people offending behavioural - aiming to change people/offenders behaviour to stop them reoffending or offending

Answer 108

refers to the disciplinary procedure used by police to discourage low level offences, through an escalation system.

Answer 109

police cps court an tribunal service hm prison service national probation service

Answer 110

create fear of punishment as they administer sentences, hand out sanctions, have coercive power through ability to hold people in contempt/on demand

Answer 111

police can arrest offenders and use force

Answer 112

as prison officers can use force, prison life can be very dangerous, prison rules and sanctions for not following

Answer 113

Supervises and monitors offenders, they have coercive powers as they can threaten those on-license with being returned to prison, they can provide sanctions, they can provide pre-sentencing reports for those who have re-offended.

Answer 114

create fear of punishment through charging offenders

Answer 115

There are spaces in society that cannot be defended from crime. This is because no one takes responsibility for them, they are often undesirable places to be and therefore they are not observed.

Answer 116

● Alleyways ● Public car parks ● Public stairwells ● Public lifts

Answer 117

These are the opposite of indefensible spaces and can be defended. They are owned, maintained and observed spaces in society. This is often because there are lots of people around to take responsibility.

Answer 118

● Public parks in the daytime ● Offices ● Shopping centres ● Cul-de-sac residential properties

Answer 119

natural surveillance- Easily-viewed lobbies and street-level windows allow residents to identify and observe strangers. a safe image - Designs of buildings should give the impression of a ‘safe’ neighbourhood where residents look after each other. territoriality - An environment that encourages a sense of ownership amongst residents will promote a ‘private’ use image to deter outsiders a safe location- Neighbourhoods in a wider crime-free ‘zone’ are insulated from the outside world or ‘protected’ by a safety net.

Answer 120

Crime Prevention through Environmental Design The idea of ‘designing out’ crime and creating defensible spaces has been used by both criminologists and agencies of social control to devise strategies and policies. Formally, it has become known as CPTED and was developed by criminologist, C.R. Jeffrey. We can also link some of the ideas as being influenced by the concepts discussed in Kelling & Wilson’s Broken Windows Theory.

Answer 121

A potential offender should feel like they are being watched and that the surroundings offer no easy escape routes e.g. keeping areas well-lit.

Answer 122

A criminal should never feel like they have the upper hand when approaching a facility e.g. using maze entrances in public lobbies to avoid quick escapes.

Answer 123

Employees gain a feeling that “this is my space”, while intruders are immediately put on the defensive e.g. security signage is clearly visible.

Answer 124

Linked to territorial reinforcement this suggests a well maintained area sends the message that people notice and care about what happens in an area e.g. clear of litter and graffiti.

Answer 125

This simply means making a building more difficult to forcibly enter e.g using deadbolt locks.

Answer 126

Lane gating, also known as alley gating, is a simple crime prevention measure. It involves putting up lockable gates at the ends of alleyways and passages. These are looked after by homeowners who live around them.

Answer 127

■ extra security that helps stop domestic burglary ■ restricted access that will stop anti social behaviour ■ giving safe play areas for children to play ■ improves the area spirit and a sense of shared ownership

Answer 128

One of the main criticisms of CPTED is that it does not reduce crime, it simply displaces it. This is because offenders will instead look for a less defended target instead.

Topic 4 - Crime and Punishment Flashcards

(153 cards)