2023 Flashcards
identify two aims or objectives of the CPS (2)
ANY TWO:
- to prosecute offenders
- to bring about justice
- to be independent, fair, open and honest
- to treat everyone with respect
- to strive for excellence
- to treat everyone equally
- to behave professionally
- to advise/work with the police service
- to use the full code test
identify the source of funding of the CPS (1)
- taxation/the taxpayer (however, accept the government)
identify three types of court in the criminal justice system in england and wales (3)
ANY TWO:
- magistrates court
- crown court
- high court
- court of appeal
- supreme court
describe the relationship between the police and the courts in england and wales (6)
- it is not an equal relationship as the court has power over the police
- the court can require police to attend and give evidence
- the court can grant a warrant of search and/or arrest the police if the police provide sufficient evidence
- the police hold the accused person who has been denied bail prior to their court appearance
- the police can bail the accused pending their court appearance
- the police and the courts liaise with regard to the date of the accused’s court appearance
- after the initial court hearing, those who are denied bail return to the police cells pending their removal into custody at a prison
briefly describe one model of justice that the CPS may follow when prosecuting criminal cases (4) (due process model)
- this promotes a fair trial
- the rights of the defence are prioritised
- it is seen as a model which allows the defendant the time to prepare their defence
- it is influenced by left realism
briefly describe one model of justice that the CPS may follow when prosecuting criminal cases (4) (crime control model)
- this promotes quick and efficient justice, similar to a conveyor belt
- the most important aspect of this model is to seek a conviction and promote crime reduction
- it promotes the rights of victims and an increase in police powers
- it is influenced by right realism
evaluate the effectiveness of the CPS in achieving social control (9)
add stats + examples
- independence of the CPS may mean that it is less biased.
- use of full codes test to produce the due process model of crime control.
- establishment of CPS Direct.
- references to cases such as Lord Janner and Damilola Taylor.
- comments such as it being over centralised, bureaucratic and too close to the police.
- official reports such as Glidewell and Narey.
- relationship between police and CPS which has been troubled in the past. for example, controversy with the prosecution of Abu Hamza.
- discontinuance of cases that have been investigated and prepared by the police can cause hostility between the two.
- reference to problems surrounding rape prosecutions, including low numbers and non-disclosure of evidence.
- criticism of the proposed prosecution against Caroline Flack and her subsequent suicide.
describe the governmental (parliamentary) process for making laws such as the Misuse of Drugs Act 1971 (6)
- green paper – this is a consultative stage.
- white paper – this is where formal proposals are set out.
- bill enters Parliament – into either the House of Commons or the House of Lords.
- there are several stages for a Bill to pass through each House: First Reading, Second Reading, Committee Stage, Report Stage and Third Reading.
- changes may be suggested several times and the proposals are discussed in the other House. this is informally known as “ping-pong”.
- when both Houses have agreed and voted on the Bill, Royal Assent is needed before the proposals become an Act of Parliament (and thus law).
Scenario: Dylan was charged with the offence of possession of a controlled drug with intent to supply it to another person. This is contrary to the Misuse of Drugs Act, 1971. At his trial in the Crown Court, he pleaded not guilty, but was convicted and sentenced to eight years’ imprisonment. This was his second conviction for this type of offence. Dylan’s solicitor had tried to persuade the judge to give Dylan a community order; however, the judge stated that the offence was very serious and warranted a lengthy custodial sentence.
describe the aims of the prison sentence imposed on Dylan (9) (deterrence)
deterrence
Section 57 Sentencing Act 2020 mentions deterrence as an aim of punishment. General deterrence sends out a clear message to potential drug dealers that prison is likely as a sentence, as such this may deter others from acting in a similar way. there may also be individual deterrence, as Dylan must serve the prison sentence and would be likely to return to prison for future re-offending.
Scenario: Dylan was charged with the offence of possession of a controlled drug with intent to supply it to another person. This is contrary to the Misuse of Drugs Act, 1971. At his trial in the Crown Court, he pleaded not guilty, but was convicted and sentenced to eight years’ imprisonment. This was his second conviction for this type of offence. Dylan’s solicitor had tried to persuade the judge to give Dylan a community order; however, the judge stated that the offence was very serious and warranted a lengthy custodial sentence.
describe the aims of the prison sentence imposed on Dylan (9) (retribution)
retribution
an idea based on the idea that Dylan’s behaviour is deserving of punishment. It does not seek to alter future behaviour but is a backwards looking aim: Dylan is being punished for offending. it does not necessarily encourage him to rehabilitate
Scenario: Dylan was charged with the offence of possession of a controlled drug with intent to supply it to another person. This is contrary to the Misuse of Drugs Act, 1971. At his trial in the Crown Court, he pleaded not guilty, but was convicted and sentenced to eight years’ imprisonment. This was his second conviction for this type of offence. Dylan’s solicitor had tried to persuade the judge to give Dylan a community order; however, the judge stated that the offence was very serious and warranted a lengthy custodial sentence.
describe the aims of the prison sentence imposed on Dylan (9) (public protection)
incapacitation or protection of the public
this aim sees punishments serving a useful purpose for society. while Dylan is in prison, the public are not being affected by his criminal behaviour.
Scenario: Dylan was charged with the offence of possession of a controlled drug with intent to supply it to another person. This is contrary to the Misuse of Drugs Act, 1971. At his trial in the Crown Court, he pleaded not guilty, but was convicted and sentenced to eight years’ imprisonment. This was his second conviction for this type of offence. Dylan’s solicitor had tried to persuade the judge to give Dylan a community order; however, the judge stated that the offence was very serious and warranted a lengthy custodial sentence.
describe the aims of the prison sentence imposed on Dylan (9) (rehabilitation)
rehabilitation
this is a forward-looking aim that aspires to alter Dylan’s future behaviour and prevent him from reoffending. it is hoped that prison would provide Dylan with direction and rehabilitate him into society.
Scenario: Dylan was charged with the offence of possession of a controlled drug with intent to supply it to another person. This is contrary to the Misuse of Drugs Act, 1971. At his trial in the Crown Court, he pleaded not guilty, but was convicted and sentenced to eight years’ imprisonment. This was his second conviction for this type of offence. Dylan’s solicitor had tried to persuade the judge to give Dylan a community order; however, the judge stated that the offence was very serious and warranted a lengthy custodial sentence.
assess how a community order may have achieved the aims of punishing Dylan (9) (deterrence)
deterrence
1. generally, a community order may act as a general deterrent as other criminals know they are likely to face such a punishment.
2. there could also be an element of individual deterrence to Dylan as breach of the order is likely to result in a prison sentence.
3. however, people often believe the situation would not apply to them as they do not think they will be caught.
4. further, as this is Dylan’s second drug dealing conviction, the order may not be a deterrent to him.
5. adhering to conditions attached to a community order, such as probation supervision (attending sessions with an offender manager) or community payback (carrying out unpaid work in the community) may deter Dylan from further offending.
6. community sentences are now outperforming short prison sentences and are 8.3 % more effective in reducing re-offending rates.
Scenario: Dylan was charged with the offence of possession of a controlled drug with intent to supply it to another person. This is contrary to the Misuse of Drugs Act, 1971. At his trial in the Crown Court, he pleaded not guilty, but was convicted and sentenced to eight years’ imprisonment. This was his second conviction for this type of offence. Dylan’s solicitor had tried to persuade the judge to give Dylan a community order; however, the judge stated that the offence was very serious and warranted a lengthy custodial sentence.
assess how a community order may have achieved the aims of punishing Dylan (9) (retribution)
retribution
1. a community order could restrict Dylan’s liberty and therefore could be seen as him receiving his just deserts.
2. as Dylan has had a negative impact on society by drug dealing, revenge is served by the order, which could restrict his freedom. a condition of community payback would see Dylan working in the community for free.
3. however, society may not feel retribution from the sentence because he hasn’t received a custodial order, despite it being his second offence.
Scenario: Dylan was charged with the offence of possession of a controlled drug with intent to supply it to another person. This is contrary to the Misuse of Drugs Act, 1971. At his trial in the Crown Court, he pleaded not guilty, but was convicted and sentenced to eight years’ imprisonment. This was his second conviction for this type of offence. Dylan’s solicitor had tried to persuade the judge to give Dylan a community order; however, the judge stated that the offence was very serious and warranted a lengthy custodial sentence.
assess how a community order may have achieved the aims of punishing Dylan (9) (public protection)
incapacitation or protection of the public
1. whilst Dylan is subject to the community order, he may have restrictions on where he can go, be prohibited regarding activities, be subject to a curfew, or be restricted from associating with specified others.
2. however, there may still be opportunities for further crime, and this could be seen as less effective in terms of protecting the public.
Scenario: Dylan was charged with the offence of possession of a controlled drug with intent to supply it to another person. This is contrary to the Misuse of Drugs Act, 1971. At his trial in the Crown Court, he pleaded not guilty, but was convicted and sentenced to eight years’ imprisonment. This was his second conviction for this type of offence. Dylan’s solicitor had tried to persuade the judge to give Dylan a community order; however, the judge stated that the offence was very serious and warranted a lengthy custodial sentence.
assess how a community order may have achieved the aims of punishing Dylan (9) (rehabilitation)
rehabilitation
1. the community order could provide Dylan with direction and rehabilitate him as a member of society. Any appropriate rehabilitative requirements(s) could be attached to the order, such as drug treatment.
2. the community order could have a probation supervision requirement which could see him being monitored and supervised by an offender manager and he could be provided with access to courses and training about drugs and the dangers and the harm that they cause.
3. community sentences are particularly effective for those who have a large number of previous offences and people with mental health problems.
4. however, rehabilitation may not be achieved and he may return to offending during or at the end of the order.
5. in 2013 more than 3 out of 4 people sent to prison the previous year had at least one previous community sentence. this suggests rehabilitation and deterrence are not achieved.
identify one non-governmental process of making law (1)
- statutory interpretation
- judicial precedent
briefly explain, using one example, what is meant by rational ideology as an
internal form of social control (4)
- people do not engage in criminal activity as they believe the laws of the land are right and proper and exist to protect the population.
- they abide by the law as they believe it is the best means of achieving social control.
- an example could include abiding by road traffic regulations and not speeding or driving while using a mobile phone to ensure road safety for other users.
- other, non-criminal activities may also be considered, for example queueing in shops to prevent public disorder.
explain how the prison service acts as an external form of social control (6)
- the prison service may be seen as an external form of social control and so ensure people abide by the law.
- coercion is the use of force to achieve a desired end. It may be physical or non-violent. for example, the prison service has the power to restrict the liberty of a person.
- fear of punishment is inherent in deterrence: punishment is used as a threat to deter people from offending.
- the concept of deterrence has two key assumptions, individual deterrence and general deterrence. a prison sentence will ensure that people are prevented from committing further
crimes. - external pressures persuade or compel members to conform to their rules. prisons are built within a community and are regularly reported upon in the media. the most visible form of external social control is exercised by people and organisations specifically empowered to enforce conformity to society’s laws.
- control theory – e.g. Walter C Reckless argued that a combination of internal psychological containments and external social containments prevents people from deviating from social norms.
Scenario: Sidra has recently been appointed as a governor of a new prison. She wants to achieve social control by strictly enforcing prison rules and disciplinary procedures. Sidra hopes that these tactics and measures will reduce reoffending as she believes that the prison service is an effective way of establishing social control. She believes this is the best way to achieve both retribution and public protection.
describe how Sidra’s strict enforcement of prison rules and disciplinary procedures may contribute to the achievement of social control in her prison (6) (The Incentives and Earned Privileges system)
The Incentives and Earned Privileges system
1. introduced in 1995, this is an essential tool of prison management. Sidra may enforce this scheme as it promotes conformity through rational choice, enabling people to earn benefits in exchange for responsible behaviour.
2. Sidra may also experience other outcomes such as a reduced risk of self harm and improved staff-prisoner relationships.
3. by enforcing this policy Sidra would hope to ensure a more disciplined and controlled environment which is safer for staff and prisoners.
4. there are currently three main incentive levels. basic level is for those prisoners who have not abided by the behaviour principles. standard level is for those prisoners who adequately abide by the behaviour principles. finally, enhanced level is for those prisoners who exceed standard level by abiding by the behaviour principles and demonstrating the required types of behaviour to a consistently high standard.
Scenario: Sidra has recently been appointed as a governor of a new prison. She wants to achieve social control by strictly enforcing prison rules and disciplinary procedures. Sidra hopes that these tactics and measures will reduce reoffending as she believes that the prison service is an effective way of establishing social control. She believes this is the best way to achieve both retribution and public protection.
describe how Sidra’s strict enforcement of prison rules and disciplinary procedures may contribute to the achievement of social control in her prison (6) (Prison Rules)
Prison Rules
1. Sidra must impose rules to keep control and prevent further crime occurring. The following are examples of rules of behaviour that are prohibited in prison.
- behaving in a way that could offend, threaten or hurt someone else, stopping prison staff from doing their jobs, causing damage to the prison, not doing what prison staff tell you to do.
2. the following are examples of punishments:
- if prison rules are broken, you could get a caution
- privileges (such as having a TV in your cell) could be withdrawn for up to 42 days
- up to 84 days’ worth of any money earned could be stopped
- cellular confinement (a prisoner being locked in a cell alone) for up to 35 days
with reference to two examples, evaluate the effectiveness of pressure groups and/or charities in achieving social control (9) (prison reform trust)
Prison Reform Trust
Weaknesses
1. it does not receive government funding and therefore it can lack funds to help bring about social control.
2. it runs on voluntary donations and must therefore persuade people to donate so that they can provide support within the criminal justice system.
Strengths
1. it strives to work towards a humane and effective penal system. this will help increase social control inside prisons.
2. a successful campaign has been ‘Care not Custody’ which prompted the government to develop mental health services within police stations and courts for vulnerable suspects. their work has helped secure £50 million from the government for such schemes.
with reference to two examples, evaluate the effectiveness of pressure groups and/or charities in achieving social control (9) (prince’s trust)
Prince’s Trust
Weaknesses
1. people may not want to provide funds that help those who have broken the law.
Strengths
1. provides support for young people aged 11–30, empowering them to obtain jobs and education. this includes young people who have broken the law. thus helping to create social control.
2. a principal funding raising event, ‘Invest in Futures’, has raised over £22 million to invest in the lives of young people since 2005.
with reference to two examples, evaluate the effectiveness of pressure groups and/or charities in achieving social control (9) (howard league for penal reform)
Howard League for Penal Reform
Weaknesses
1. there are many charities working in the criminal justice system and they are competing with each other for support.
Strengths
1. aims for less crime, safer communities and fewer people in prison. this would help achieve social control
2. the ‘Books for Prisoners’ campaign argued against restrictions on prisoners receiving books from friends and family. the campaign was successful and the charity won an award in 2015. in recognition of its work. the books helped prisoners find focus and went towards achieving
social control
