UNIT 4 Flashcards
(153 cards)
1
Q
What is social control
A
Persuading or forcing people to conform to the norms, laws and expectations of society
2
Q
What is the house of parliament made up of?
A
House of commons, Lords and Monarch
3
Q
What colour paper does a new law start with
A
Green allows public consultation on a potential new law
White is created with formal proposals which allows a bill to be created
4
Q
What is the government process for a bill
A
First reading - aims read out
Second reading - vote taken
Committee stage - Report any issues
Report stage - vote on proposed amendments
Third reading - final vote
Royal Assent - Monarch signs
Bill becomes Act of Parliament
5
Q
What is Statutory Interpretation
A
Judges in superior courts are called upon to interpret words and phrases within a law. Have ability to interpret the meaning of the law and make verdict of case
6
Q
What is judicial precedent
A
Law made by judges in court. Called ‘common law’
7
Q
What do the police do in the CJS?
A
- Work with courts to ensure defendants in custody are brought before them
- Give evidence in court
- Work with probation in managing release
- Work closely with CPS in prosecuting
8
Q
What do the Ministry of Justice do in CJS?
A
- Oversea the work of Courts
- Oversea the work of probation services
- Oversea the prison systems
- Deal with legislation and guidelines for working in different organisations of the CJS
9
Q
What do the courts/sentencing council do in CPS?
A
- Contribute to law creation through judicial precedent and statutory interpretation
- Liaise with police and prisons to ensure the safe delivery of prisoners to court
- Arrange video links if prisoner cannot attend court
- work with probation to manage offender and probation service send back to court if breach license
10
Q
What does the Probation do in CPS?
A
- Supervise people on community service
- Supervise people on license
11
Q
What does the Crown prosecution service do?
A
- Advise the police on charging
- Work with police to check evidence
- Appear in courts
12
Q
what does the prison Service do?
A
- Work with Probation when a prisoner is to be released
- Defendants denied bail by courts and police are remanded to prison
- supervises offenders in custody and carry out sentences given in court
13
Q
What is the crime control model?
A
- Zero tolerance
- Presumption of guilt
- Deter crime through detection and conviction
- Punish criminals to stop committing further crimes
14
Q
What are some examples of areas of law that support the CCM?
A
- Bad character evidence
- Removal of double jeopardy
15
Q
What is the Due Process Model (DPM)
A
- Presumption of innocence
- Produce fairness
- Caring and equal society creates justice
- Left realism
16
Q
Examples of law that supports DPM
A
PACE - interviews must be recorded
Human rights act
17
Q
What is social control?
A
Persuading people to conform to society’s laws, expectations and norms. For society to run smoothly, there needs to be social control
18
Q
What is internal social control
A
Controls over our behaviour from within ourselves (personality)
19
Q
What is external social control?
A
Controls over our behaviour through social agencies (education)
20
Q
What are the internal forms of social control?
A
Moral conscious and superego
Tradition and culture
Internalisation
21
Q
What is moral conscious and superego?
A
knowing right from wrong and knowing the right thing to do
Superego - tells us whats right and makes us feel guilty if we don’t
22
Q
What is tradition and culture - social control
A
We accept norms, values and traditions as part of our identity.
Conforming to traditions - we are conditioned to not commit crimes
E.g., not eating meat on Friday for Christians, Ramadan fasting for Muslims
23
Q
What is internalisation - social control
A
Is our family rules, culture, parents values
Superego becomes part of our inner self
Rational ideology - keeps us within the law
24
Q
What is rational ideology
A
We internalise to social rules and use them to tell us whats right and wrong
25
What are the external forms of social control?
Agencies of social control
Coercion
Fear of punishment
26
What is coercion in social control?
Threat of force in order to stop or make someone do something
Loss of liberty may ensure social control (prison)
27
What are the external agencies of social control?
Outside agencies which compel members of society to comply with rules, police
28
What is fear of punishment?
To scare people about the punishment to make them not commit a crime
Punishment acts as a deterrent
any formal sanction is meant to act as a deterrent
29
What is the control theory?
It explains why people do not commit crimes
Involves the view that people do not commit crimes due to factors that control their behaviour
30
Who are the two theorists with control theory?
Walter Reckless
Travis Hirschi
31
What did Walter Reckless say about the control theory?
Based on containment - we can resist committing crimes due to inner and outer containment
Inner containment - upbringing and family
Outer containment - Social groups and laws in our society
Both of these stop us committing crimes
32
What did Travis Hirschi say?
People conform because they are controlled by their bonds to society which keep them from deviating
'Delinquent acts occur when an individuals bond to society is weak or broken'
33
According to Hirschi, what were the 4 elements of someone's bond to society?
Attachment - more we are attached, more we care about opinions, less likely to commit crimes
Commitment - More committed, more we risk losing by getting involved in crime, less likely to commit crimes
Involvement - more involved (abiding activities, sport), less time and energy into criminal activities
Beliefs - If we have been socialised to believe its not right to obey the law - less likely to break it
34
What are the aims of punishment?
Retribution - expressing society's outrage at crime
Rehabilitation - making offenders change
Deterrence - Discouraging future offending
Public protection - from offenders
Reparation - Making good caused by harm
35
Where can you find aims of punishment in law?
Section 142 - Criminal Justice Act 2003
36
Describe retribution and give an example
- Criminals get 'just deserts'
- Deserve to be punished and made to suffer for breaching society's moral code
- Punishment should fit crime
- 'An eye for an eye'
- Right realist
Ex. Hate crimes carry higher sentence. 5 yrs for GBH increase to 7 if racially motivated
37
What are the criticisms of retribution?
- Prioritises punishment over treatment, doesnt take mental health into account
- Dehumanises offenders
- Alternative methods work better - rehab
38
What theories is retribution linked to and why?
Right realism - they promote 'rational choice theory' and assumes that if someone commits a crime, they decided to do it. They are accountable for their behaviour
Functionalism - they consider retribution to be helpful for 'boundary maintenance' meaning that it reminds everyone what the costs committing crime are
39
Describe rehabilitation
- To alter the offenders mindset to future re-offending can be prevented
- Forward looking approach (reformation)
- Assumes criminal behaviour is result of free will and rational choice so can change their behaviour
40
What are some treatments of rehab
Drug therapy, Anger management, Educational courses
41
Which theories links with rehab?
Left realism - they consider rehab to be crucial for reducing recidivism
42
What are some criticisms of rehab?
Time consuming and costly
Right realists say people who undergo rehab still reoffend
43
Explain deterrence
- To put people off from reoffending (individual) and prevent other people committing crimes (general)
- Short sharp punishments
- Forward thinking aimed at reducing recidivism
44
Which theorists link to deterrence?
Social learning theory - If people observe behaviours leading to punishment, less likely to imitate that behaviour
45
What are some criticisms of deterrence?
Prison is not as effective in deterring people as it aims to be. Reoffending rate for adults is 63% within one year of release
46
Explain public protection
By incapacitating criminals, members of society are safe from them
Example. Life sentence for second violent offences, 7 years min for 3rd class A drug trafficking offence
47
Which theories does PP link to?
Lombroso - criminals are biologically different so imprisonment is best as rehab doesnt work
Right realism - People are responsible for actions - deserve jail time
48
Name some types of incapacitations for PP
- Imprisonment
- Ankle monitor
- Restraining order
49
What are the criticisms of PP?
As more people are imprisoned - costs are rising, overcrowding
When theyre out of prison - public not safe
50
Explain reparation
- Offender making good for wrong they have done
- Making amends - financial compensation or unpaid work
- Involves offender recognises wrong they've done
- Restorative justice - meeting victim
51
Which theorists link to reparation?
- Labelling - allows offender to be empathetic, remorseful and avoid labelling themselves as a lost cause
- Functionalist - smooth functioning society
52
What are criticisms for reparation
- too soft form of punishment
- Doesnt work for all crimes (rape)
53
What is a suspended sentence?
When a sentence is given but offender only goes to prison if they break certain conditions
- 4% of UK population are currently serving suspended sentence
54
What is a Tarrif?
Length of time in prison
55
What is a mandatory sentence?
When judge has to give a specific sentence for a specific crime, as set in law
e.g., life sentence for murder
56
What is an indeterminate sentence?
Courts give these when consider offender is a danger to public,
No minimum time
57
What is a determinate sentence?
Sentence with a fixed length
Not all sentence served in prison - if sentence under 12 months, offender spends half in and half on community service
58
Prison & Retribution
- Removed freedom as punishment
- Unpleasant living conditions
- away from family
- loss of liberty
59
Prison & Deterrence
Some people avoid committing crimes due to prison however, recidivism rates are not low enough to suggest it is effective
60
Prison & PP
- Offenders locked up and removed from society
- Whole life sentences - keep off streets forever
- May cause harm when out of prison though
61
Prison & rehab
- 48% prisoners reoffend within one year 2019 - high rate of recidivism which means it doesnt work
- people who serve under 12 months reoffending rate rise to 68%
62
Prison & reparation
Not suitable for all crimes
63
What does community sentence involve?
- 300 hours unpaid work
- Monitored by probation
- Drug, anger and education, alcohol courses
- Curfew or exclusion order
64
Community sentence (CS) & retribution
- wearing high vis vest saying 'community payback' people know youre an offender
- public naming and shaming
65
CS & rehab
- offers support for addictions or homelessness
- anger, drug and education courses
- 34% reoffend within 12 months compared to 64% prison
66
CS & Deterrence
- individual deterrent - 300 hours unpaid work and curfew
67
CS & PP
- offenders are supervised and aware that failure to comply will lead to imprisonment
68
CS & reparation
- Community payback - removing graffiti
69
Explain fines
Financial penalties for offending
E.g., driving (speeding, parking wrongly)
- Less serious offences - magistrates
- Magistrates - £5000 - £10000
- Crown - unlimited
- if fail to pay - prison
70
Fines & deterrence
- acts as a message that any future crimes will be more severe
- although a lot of fines are written off so its not effective sometimes
71
Fines & retribution
Make people pay money so experience direct consequence for their crime
Pay their own money is form of punishment
72
Explain discharges
- usually for 1st time offenders
- Minor offences
- conditional and absolute
73
Explain conditional discharges
Where offender is not punished unless commit a further offence (e.g., over next 3 years)
If offend - court may punish both crimes
74
Explain absolute discharges
No penalty imposed - (defendant may be deemed blameless or too ill for prison)
75
Discharges & deterrence
- Lowest level of punishment
- Not often followed by reoffending so effective
- Court is distressing enough
76
List the agencies
Police
Probation
CPS
Judiciary
Prison
Charities and pressure groups
77
Police philosophies
- Prevent crime and disorder in society
- Paid to uphold the law
- co-operation and trust of public
78
Police Aims and objectives
- Maintain order in society
- Protect all life and property
- Keep peace
- Bring offenders to justice
79
Police Funding
- Mainly government
- Council taxes paid
- 2018 - police budget was £12 billion
80
Police working practices
- Specialist departments (dog handlers, drug squads)
81
CPS philosophies
- Open and honest
- respect
- professionalism
- separate from police
- set up in 1986
82
CPS aims and objectives
Advise police in their investigations about evidence
Aim to review evidence independently and decide whether to prosecute
Present prosecution cases
Charge based on evidence
Prosecute in court - crown, magistrates
Call witnesses to provide case beyond reasonable doubt
Decide on bail or custody
83
CPS Funding
Government
84
CPS working practices
responsible for all serious cases
14 regional teams across England and Wales
Evidence test & public interest test
Available 24/7
85
Judiciary philosophies
- judges should be independent, impartial to both sides, honest and strong morals, ensure everyone is treated equally
86
Judiciary aims and objectives
Ensure fairness and explain legal issues to a jury
Summarise evidence and determine a sentence
87
Judiciary funding
government
88
Judiciary working practices
ensure laws are implemented
having a responsibility for decisions regarding freedom
Advice juries on law
89
Prisons philosophies
'we keep those sentenced to prison in custody, helping them lead a law-abiding and useful life in prison and after'
90
Prison aims and objectives
Protect the public, rehabilitate convicted offenders and to hold prisoners securely whilst their sentence is carried out
91
Prison funding
Government
92
National Probation Service (NPS) philosophies
Operates under the belief that it is possible for offenders to change and become responsible members of society
92
Prison working practices
14 private prisons
Cat A-D
93
NPS Aim and objectives
protect the public through rehab
94
NPS funding
Government
95
NPS working practices
prepare pre-sentence reports, supervise those released on licence and on community service
96
Charities and pressure groups aim
to make a change
97
Charities and PG funding
independent - rely on donations
98
Examples of charities and PG
Prison reform trust (PRT)
Women in Prison (WIP)
NACRO
99
What is the main aim of prison reform trust
reduce unnecessary imprisonment, improve treatment and conditions for prisoners and promote human rights in CJS
99
What is the main aim for women in prison
Delivers support for women affected by CJS in prisons, community and through woman centres
100
What are the philosophies of NACRO
aims to change views towards ex-offenders and stereotypical attitudes towards them
Offers education, outreach projects to help young people who are at risk of criminality, resettle advice and provides houses for tenants.
In 2018 NACRO provided 2.5 thousand people with permanent accommodation
101
What does CPTED stand for
Crime prevention through environmental design
102
What do you need to write about for 'describe the contribution of agencies to achieving social control'?
Environmental design
Behavioural tactics
Institutions achieve social control, disciplinary procedures
Impact of gaps in state provision
103
Who was CPTED developed by
C.R Jeffery
104
What is the broken window theory
People congregate in neglected areas and commit anti-social crimes
105
Who made the broken window theory?
Wilson and Kelling
106
What is a defensible space?
Not likely to attract crime - cul de sacs
106
What is an indefensible space?
Where crime is likely to occur - stairwells, hallways
107
What did CPTED come up with?
- Cameras
- No blind corners
- High bushes/trees
- Lots of lighting
- Gated lanes
108
What is a gated lane
Provide security to back alleys behind houses
Gates at each end of alleyways to deter burglars
Some in Lancashire
109
Limitations of gated lanes
Expensive - £4000 to provide one gate either end
Doesnt work for all crime - domestic abuse
Shared sense of ownership
110
CPTED and theories
Right realism - make it harder for people to commit crimes
111
What are behavioural tactics
How agencies control behaviour
112
what is ASBO and CBO
Anti-social behaviour order
Criminal behaviour order
113
Explain ASBO's
Introduced in 1998 to correct low level anti-social behaviour
Prevent harassment, alarm or distress
Change a persons behaviour to make them more socially compliant
114
Explain CBO's
Replaced ASBOs in 2014
Aim to prevent harassment, alarm or distress
Try change behaviour (attend drug treatment)
Positive requirement - ASBOs non effective
115
Explain token economies
System to modify behaviour - often used in prisons/hospitals
Based on positive reinforcement
Positive behaviour rewarded - exchange tokens for rewards
116
Name some desirable behaviours
Obeying rules
Staying drug free
Interacting positively with staff and inmates
117
What are some institutional tactics?
Prison: cautions, privileges removed for 42 days, 84 days money stopped, cellular confinement
118
In all institutions what is used
Phased discipline
119
What is the prison design for social control
The panopticon
120
Who designed the panopticon
Jeremy Bentham
121
What does the panopticon involve
Prisoner cells are visible to guard from central viewing point
Prisoners cant see guards
122
What are the 4 gaps in state provision
- Lack of resources
- New technology
- Existing laws
- Unreported crime
123
Explain lack of resources
Includes budget cuts
Lack of staff
124
Explain new technology
Digital tech can mean investigations are hindered and CJS unable to cope with huge amounts of data generated
E.g., took police 600 hours to go through digital material for rape case on tinder
125
Explain existing laws
Laws being changed and put in place can impact other laws
E.g., terrorists being able to be deported due to humans rights legislation
126
Explain unreported crime
Police can only detect crime bought to their attention
Dark figure of crime
White collar crimes/domestic abuse
127
What do you write about for 'examine the limitations of agencies in achieving social control'?
- Repeat offenders and recidivism
- Civil liberties and legal barriers
- Access to support and resources
- Finances
- Local and national policies
- Environment
- Crime committed with moral imperatives
128
How much between 1993-2020 did prison pop rise
Doubled - 44,000 - 86,000
Many being reoffenders
129
What is the reoffending rate for people serving less than 12 months
63%
130
Who reoffends?
males are more likely than women
Dark figure of reoffending
131
What are civil liberties
Basic rights and freedoms by law
132
Examples of civil liberties
Freedom of speech, right to remain silent, right to a fair trial
133
List some problems with access to resources and supoprt
When offenders are only serving short sentences - not enough time to partake in rehab
15% reduction in police officers
Staff shortages - early lock up
Less than half prisoners in UK are given education
134
List some problems with finance
Between 2010-2018 police budget cuts by 19%
20,000 less officers and national shortage of detectives
Police dropping serious cases because take longer to investigate. Rape takes 129 days average compared to 2 days with theft
135
What is a national policy example
2019 - Home secretary announced that stop and search powers for police to search for weapon without having reasonable suspicion that they have one under Section 60 of CJ and Public order act
136
Local policy example
Weapon amnesties - police will not arrest people who surrender illegal weapons
2 week gun amnesty in London in 2017 - 350 firearms and 40,000 rounds of ammunition were handed in
137
What is a moral imperative
A strongly felt principle that compels that person to act
It is the right thing to do from a moral viewpoint, but maybe not a legal one
138
Give an example of a crime with moral imperatives
Assisted dying - up to 14 years imprisonment
Kay Gilderdale - assisting suicide of daughter whom was sick for 17 years
Just stop oil - commit crimes (vandalism) but for good reasons
139
Positives of police
Available 24/7
Keep public safe
many departments
140
Limitations of police
Wayne Couzens
Arrest rate falling
'Institutionally racist' - Stephen Lawrence
Staff shortages
Failings - John Lowe (gun licence) Colin Stagg (entrapment)
concerns with BAME groups
141
Positives of CPS
14 areas
24/7 availability
Helps victims and witnesses
Separate from police- makes own decisions
142
Limitations of CPS
Funding - 2018 - unable to perform properly
Lack of resources
Staff shortage
Nottingham murders
Criticised - Damilola
143
Positives of judiciary
Pledging to clear backlog of rape cases
Experienced, high qualified lawyers
144
Limitations of judiciary
Old, white men out of touch with society - 71% male
BAME groups under represented - 5%
Bias - class/race
64% went to Oxbridge
May be biased to similar backgrounds
145
Positives of prison
Deter - whole life
Public protection
146
Limitations of prison
Staff cuts
Overcrowding
Drugs
Not addressing rehab
Reoffending
Riots
Security and safety - 2022 - over 8,000 staff assaults
147
Positives of probation
Keep public safe
Strong leadership
Reduces reoffending
Lots of rehab
Help offenders make positive change
148
Limitations of probation
56% reoffend
Staff shortage
Zara Aleena
Lack of pro leadership
Prisoners released with nowhere to go
149
Positives of charities
They work
Many are for mental health
They work with the NHS
150
Limitations of charities
Only put pressure on governments not force to take action
Rely on donations
Could be more effective if worked together rather than competing
