3.3: Examine The Limitations Of Agencies In Achieving Social Control Flashcards

1
Q

Repeat reoffending:
What percentage of adults reoffend within one year of being released?

A

46% of adults reoffend within one year of being released

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2
Q

Repeat reoffending:
What percentage of adults serving less than 12 months reoffend within 1 year?

A

60% of adults serving less than 12 months reoffend within 1 year

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3
Q

Repeat offending:
What percentage of young offenders reoffend within 1 year of being released?
What is this percentage for young offenders serving less than 12 months?

A
  • 69% of young offenders reoffend within 1 year of being released
  • 77% of young offenders serving less than 12 months reoffend within 1 year of being released
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4
Q

Repeat reoffending:
Those given a prison sentence are more likely to reoffend than those who got a fine, warning or community sentence

True or false?

A

True

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5
Q

Repeat reoffending:
The number of reoffences per offender has been rising since…?

A

2009

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6
Q

Repeat reoffending:
A person who reoffends, on average, commits __ more offences

A

4

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7
Q

Repeat reoffending:
Recidivism rates just for people being released from prison was ___ in 2017

A

37.5%

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8
Q

Repeat reoffending:

___ of women released from prison reoffend within 1 year

And ___ for those who had been given a short sentence (less than 12 months)

A

48%

64.1%

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9
Q

Repeat reoffending:
What is the consequence of the recidivism rates ?

A
  • The population of people in prison has become very high
  • Prison Reform Trust says that it has been doubled since 1993 and the repeat offending of many people has contributed to this (technically more than doubled now)
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10
Q

Repeat reoffending:
What is a great contributor to the rising population in prison?

A
  • longer sentences are now being given for crimes
  • E.g. in 2018, average sentences for serious crimes were on average 26 months longer than 10 years before.
  • The average minimum sentence for murder was 12.5 years in 2003 and rose to 21.3 years in 2016
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11
Q

Repeat offending:
People are more likely to reoffend if…

A
  • they’ve reoffended before
  • they’re male
  • they’ve been given a prison sentence rather than a caution/fine/community sentence
  • they’ve got a drug/alcohol addiction
  • they’re homeless
  • they’ve got few qualifications and/or are unemployed
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12
Q

Repeat reoffending:

Explain the link between theories and repeat offending

A
  • Marxism:argue it’s not surprising unemployed offenders are likely to reoffend as they’re unable to survive and meet their needs on just benefits
  • Right realism: Right realists believe prison works as offenders are rational actors who will be deterred from offending behaviour because of fear of prison. (High re-offending rates show this isn’t the case)
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13
Q

Repeat offending:

Explain the police’s powers and how repeat offending limits the police

A
  • power: arrest
  • RO limits as offenders won’t have fear of punishment + coercion wouldn’t work
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14
Q

Repeat offending:
Explain the CPS’s powers and how repeat offending limits the CPS

A
  • powers: prosecute, take people to trial, decide charge/plea bargain (can give less serious charge for pleading guilty)
  • RO limits as the offenders won’t care as they won’t have fear of punishment and coercion wouldn’t work
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15
Q

Repeat offending:
Explain the Judiciary’s powers and how repeat offending limits the judiciary

A
  • power: can give harsher sentences
  • RO limits as they won’t be scared of this as they will have no fear of punishment
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16
Q

Repeat offending:
Explain the powers of the prison service and how repeat offending limits the prison

A
  • powers: to rehabilitate and isolate offenders from outside (punishment)
  • RO limits this as they’ll have their own community in prison, aren’t scared of going anymore, don’t have hope of life being better than it and prison is unable to rehabilitate
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17
Q

Repeat reoffending:
Explain the powers of the probation service and how repeat offending limits the probation service

A
  • powers: set conditions and send people back to prison
  • RO limits as not scared of going to prison i.e. no fear of punishment and coercion wouldn’t work so would likely breach conditions, therefore not rehabilitating
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18
Q

Civil liberties and legal barriers:
In some countries there are few civil liberties (rights and freedoms given to all people in the country by law).
Some countries are ‘police states’, explain what this means and provide an example of this

A
  • virtually no limitations on what police are permitted to do to ensure all people conform to the law
  • e.g. Turkey, the state has committed “arbitrary killing and suspicious deaths of people in custody; forced disappearances: torture; arbitrary arrest and detention of tens of thousands of persons, including opposition MPs, lawyers and journalists for peaceful legitimate speech…”” (US Department of State report on human rights, 2018)
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19
Q

Civil liberties and legal barriers:
In most countries fundamental civil rights and liberties are proved by law.
What are the basic rights/freedoms everyone has by law?

A
  • freedom of speech: right to say what you like, includes the press and media
  • freedom of assembly:includes right of peaceful protest
  • freedom of movement
  • freedom from arbitrary arrest
  • freedom from being detained without trial
  • freedom of religion and conscience
  • the right to privacy
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20
Q

Civil liberties and legal barriers:
Explain the case of Mohammad Ibrahim to show how civil liberties and legal barriers limit the judiciary

A
  • Mohammad Ibrahim= a Kurdish asylum seeker who caused the death of a 12 year old girl in a driving accident
  • avoided deportation to Iraq as he claimed the right to a family life (enshrined in the article 8 of the convention) to avoid deportation to an immigration tribunal
21
Q

Civil liberties and legal barriers:
Explain the case of Abu Quatadar to show how civil liberties and legal barriers limit the judiciary

A
  • Abu Quatadar= a preacher (Jordanians claimed he was a terrorist)
  • couldn’t be deported to Jordan due to risk that he would be tried there on evidence obtained by torture
    (Extra info: Jordanians eventually gave undertakings not to use such evidence and he was finally removed in 2013- stood trial - acquitted)
22
Q

Civil liberties and legal barriers:
Explain how the right to privacy limits police and the probation service

A
  • limits surveillance they can use (unless in certain circumstances), can’t use as much as they want so can’t achieve full social control
23
Q

Civil liberties and legal barriers:
Explain how civil liberties and legal barriers limit prisons

A
  • Prisons restrict human rights of prisoners but can’t completely ignore all human rights (E.g. right to life, medical care, to be free from torture, health and welfare, food, etc).
  • makes it hard to have complete social control over offenders
24
Q

Civil liberties and legal barriers:
Explain how the CPS is limited by laws

A
  • detention laws, the laws on illegally obtained evidence, hearsay, court procedure (right to fair trial) restrict the CPS on the evidence they are able to collect/present and who they can prosecute
  • this means some offenders get away with crime even when they are guilty which limits the social control the CPS can achieve
25
Q

Civil liberties and legal barriers:
Civil liberties are aspects of the due process model. Provide examples of this and explain why this limits social control

A
  • E.g. freedom from arbitrary arrest (police can’t arrest anyone they wish) and freedom from detention without trial (so someone can’t be held indefinitely without trial)
  • these are important protections for individuals against the state’s abuse of its powers
  • legal processes involved in due process are a barrier to exercising social control over citizens without good cause
26
Q

Access to resources, support and environment:
How access to resources support and environment limits prisons:
Why might prisons fail to rehabilitate offenders due to shorter sentences?

A
  • don’t give enough time for the work needed to address deep-seated problems (such as drug dependency and anger management), gain skills and rehabilitate
  • 60% of adults serving less than 12 months reoffend within 1 year
27
Q

Access to resources, support and environment:
How access to resources, support and environment limits prisons:
Why might prisons fail to rehabilitate offenders due to lack of education/training?

A
  • Bromley briefings: 10 out of 34 prisons not engaging prisoners in rehabilitation programmes due to lack of staff, organisation, lack of challenge when prisoners didn’t attend
  • there’s also an issue with the small number of places on these courses
  • 3% of prisoners who have an identified drug/alcohol problem get access to rehabilitation programmes
  • 50% of prisons fail to provide inmates with engaging and useful activities each day
28
Q

Access to resources, support and environment:
How access to resources, support and environment limits prisons:
Why might prisons fail to rehabilitate offenders due to treatment and conditions?

A
  • Bromley briefings: prisoners say basic needs aren’t being met E.g. access to fresh air, medications and lacks access to basic provisions necessary for health and decency
  • unable to focus on rehabilitation and becoming a better person
29
Q

Access to resources, support and environment:
How access to resources support and environment limits prisons:
Why might prisons fail to rehabilitate offenders due to staffing ?

A
  • 15% cut in amount of prison officers
  • means there are less officers to supervise prisoners doing activities to help rehabilitation
  • staff shortages means they spend more time in their cell without access to recreational and educational facilities
30
Q

Access to resources, support and environment:
How access to resources, support and environment limits probation service/community sentences:
Why might community sentences fail to rehabilitate offenders due to inadequate support for complex needs?

A

Inadequate support for complex needs- like drug addiction and mental health problems, there are not enough places to address these issues.

31
Q

Access to resources, support and environment:
How access to resources, support and environment limits probation service/community sentences:

Why might community sentences fail to rehabilitate offenders due to Inadequate supervision by probation services?

A
  • they’re accused of being too lax by letting offenders miss supervision appointment.
32
Q

Access to resources, support and environment:
How access to resources support and environment limits probation service/community sentences:

Why might community sentences fail to rehabilitate offenders due to Failures by the privatised community rehabilitation companies?

A

Failures by the privatised community rehabilitation companies- are criticised for failing to meet targets and supervise offenders, which is why the CRC’s contract ended in 2020.

33
Q

Access to resources, support and environment:
Why might resources and support in the community limit the probation service/ lead to failure of the rehabilitation of offenders ?

A
  • Lack of money- they earn little from prison work and only get a £46 discharge grant on their release
  • Lack of a job- only 1/4 of prisoners have a job on release.
  • Homelessness- Nacro says 1/9 prisoners have no settled accommodation to go to when released, and they lose entitlement to housing benefit if they’re set to be in prison for 13+ weeks.
34
Q

Access to resources, support and environment:
Why might Friday releases limit the probation service/ lead to failure of the rehabilitation of offenders ?

A

-Prisoners are often released on Fridays
-1/3 of all prison releases happen on a Friday, but charities/pressure groups like Nacro want them to end
This is because being discharged on a Friday becomes a race to access services such as accommodation
before they’re shut for the weekend.
- Due to this, people may have to sleep rough and survive on the discharge grant until services open on Monday. - - This means they’re vulnerable to re-offending to get somewhere to stay

35
Q

How can you relate access to resources, support and environment to other to limiting other agencies other than prison and the probation service?

A
  • talk about finance points and how this limits resources such as staffing and equipment
36
Q

Finance and policy:
Government funding for public sector jobs and roles means that social control agencies such as the police, CPS, probation service and prisons are limited in power to deal with crime
Lack of appropriate finances has had a huge impact on….

A

Achieving social control

37
Q

Finance and policy:
Explain and evidence how finance has limited the police

A
  • police budget was cut by 19% between 2010-18 leading to a 20,000 fall in police numbers + a national shortage of detectives
  • means police must prioritise crimes against workload so some investigations have to be cut as there is not enough funding to carry them out
  • Homicide gets a substantial budget but many other sections find it difficult to even carry out the lab investigations they need. Results in little evidence to show court so some offenders face no prosecution at all.
  • evidence shows that police forces are dropping investigations into crime E.g. the Met police dropped 2.9x as many cases on the day they were reported in 2018 as they did in 2013
  • forces may also be tempted to drop serious cases that take up too much time/resources E.g. rape cases taking around 129 days to solve
38
Q

Finance and policy:
Explain and evidence how finance has limited prisons?

A
  • Prison budget fell by 16% between 2010-2018 and staff fell by 15%
  • critics say prisons are in a crisis as there’s rising levels of assaults/self-harm/suicide
  • overcrowding/staff cuts causes prisoners to miss out on activities that would help rehabilitate them (recidivism rates are around 60% within within 1 year of release for those serving short sentences)
39
Q

Finance and policy:
Explain and evidence how finance has limited the judiciary

A
  • Public service cuts by 20% 2010-2018
  • cases dealt with slower
  • more criminals on remand
  • longer time taken to rehabilitate offenders
40
Q

Finance and policy:
Explain and evidence how finance has limited the CPS

A
  • CPS budget was cut by 1/4 between 2010-2018 and lost 1/3 of its staff
  • 2018’s head of CPS said the CPS and police were failing to investigate thousands of cases efficiently, like rape, fraud and modern slavery. Both organisations were short of skills and resources needed to combat crime
  • the CPS has been accused of downgrading charges in order to prosecute in magistrates’ court, as it’s quicker and cheaper than Crown Court. This may mean offenders getting lighter sentences than they deserve
41
Q

Finance and policy:
Explain and evidence how finance has limited the probation service

A
  • in 2018 a government report found £342 million had been spent on CRC’s with no clear benefit. This is money wasted that could’ve gone towards HMPPS
  • the 2019 chief inspector of probation highlighted problems like staff shortages, failures by private CRC’s and a lack of confidence in the serve of judges, victims, the public and offenders
  • though the probation is now back in public control, the new chief in 2020 said it needs to be properly funded and vacancies for probation officers need to be filled, with staff properly trained
42
Q

Finance and policy:
When the government announces a change in priority in terms of policing, what does this lead to and give an example of this ?

A
  • this can mean more police time is spent dealing with a particular kind of crime so less time and resources for other kinds of crime
  • E.g. from 2010-2015 there was a move by government to focus on tackling gang crime, including knife and gun crime. The government brought in new laws prohibiting involvement, encouragement of or assistance of violence that is gang-related.
    -includes knife angel- hand in knives anonymously
  • the funding given to this meant less money to tackle other kinds of crime
  • this can relate to other agencies as has knock on effect
43
Q

Finance and policy:
Give an example of a CPS policy that limits social control

A
  • CPS over covert policy on rape cases- dropping weak cases due to budget cuts
44
Q

Finance and policy:
Give an example of a probation service policy that limits social control

A
  • policy of bringing in private companies
  • CRC’s ineffective- Zara Aleena murdered due to private probation service assessing Jordan Mcsweeney as a medium risk
45
Q

Crimes committed by those with moral imperatives:
What does Crimes committed by those with moral imperatives mean

A

-When a person feels morally compelled to act and breaks the law as a result
- individual holds a moral principles which they need to uphold
(These motives present a limitation for agencies achieving social control)

46
Q

Crimes committed by those with moral imperatives:
Explain the example of Kay Gilderdale to demonstrate how crimes committed by those with moral imperatives limits agencies of social control

A
  • Kay Gilderdale charged with attempting to murder her 31 year old daughter Lynn who was seriously ill for 17 years (although pleaded guilty for assisted suicide, charged with murder but was acquitted)
  • believed what she did wasn’t murder and was needed to stop suffering of daughter
  • these crimes limit the police and CPS as not deterred by fear of punishment of being arrested or charged as stopping her daughters suffering is more important and letting it continue is seen as worse (applies to all other agencies powers)
47
Q

Crimes committed by those with moral imperatives:
Explain the example of the Sufragettes to demonstrate how crimes committed by those with moral imperatives limits agencies of social control

A
  • Sufragettes led violent protests and they campaigned for women’s rights
  • they committed arson, assault on politicians, property damage and assassination attempts
  • they were arrested and put in prison but continued their protests in prison by hunger strikes or they made plans in prison for more when they got out of prison as they didn’t have fear of punishment
  • the powers of agencies of social control are limited by the Sufragettes crimes as they aren’t deterred by punishment as not having women’s rights is worse than this (and committing crime to gain rights as just)
48
Q

Crimes committed by those with moral imperatives:
Generally, why are Crimes committed by those with moral imperatives a limitation to agencies of social control

A
  • it can be difficult to change the mind of offenders with a moral imperative so this can be a limitation of agencies of social control
  • punishment is unlikely to alter their views
49
Q

Crimes committed by those with moral imperatives:
Link crimes committed by those with moral imperatives to a theory

A
  • Functionalism: the deviance shown in moral imperative crimes is sometimes necessary to force social change or reinforce boundary maintenance (Durkheim argues that new social values can’t emerge without deviance, causing no change and a stagnant society)
  • E.g. without the suffragettes law-breaking, no attention would’ve been given to the UK’s gender inequality.