Ac2 Flashcards
Social control
Refers to any strategies for preventing deviant human behaviour. We encourage everyone to confirm to the law and any course fo action that helps to achieve this is a form of social control
Internal forms of social control
Rational ideology
Tradition
Internalisation of social rules and morality
Rational ideology
An idea or belief ro achieve social control
Your conscience with feelings of guilt, anxiety or worry from within, which guides you to reach a solution or follow laws and rules
Tradition
It may be you own traditions ,customs or norms that ensure you conform to the rules, sometimes religion or culture or purely your upbringing ensures that you ro not break the law. For instance not eating red meat on good friday
Internalisation or social rules and morality
The internalisation of social rules and morality is working out what is the right thing to do and therefore knowing what is right or wrong based on social values.
External forms of social control
Coercion and fear of punishment
Coercion
Can be physical or not
Physical may take the form or bodily injury, imprisonment ajd in some countries the death penalty. Non violent coercion consists of a strike, boycottt and non co-operation
Prisons use coercion ans the threats of loss of liberty. This can be seen I suspended sentence with the continued threat of custody for future breaking the law
Two types of deterrence
Individual deterrence
General deterrence
Individual deterrence
Punishment imposed on offenders in order to deterr from committing further crimes
Suspended prison sentence
General deterrence
Fear of punishment that prevents others from committing similair crimes
E.g a lengthy prison sentence which allows others to see the consequence and therefore deterred
There are policies that promote this that are known as getting tough on crime
Policies that are known as getting tough on crime
Mandatory minimums: a life sentence for murder, seven years for a third drug offence, three years for a third burglary,
Three strikes and your oit: third conviction for a violent crime likely to be the life sentence (USA)
Control theory
Try to explain why people do not commit crimes. They support the view that people require nurturing in order to develop attachments or bonds that are key in producing internal controls, such as conscience
Example of control theory
Walter C reckless
Reckless developed one version of control theory known as containment. Her argued that we can resist committing crimes due to inner and outer containment:
Inner containment comes from upbringing and influence from family
Outer containment refers to the influence of social group, including the laws of society in which we live
A combination of both prevents people from deviating social norms
Travis hirschi belief on control theory
Believes people must forms social bonds to prevent criminal behaviour
Stand there are four bonds
Namely attachment, commitment, involvement and belief these must be formed to prevent a person committing a crime
Aims of sentencing
Is contained in section 42 criminal justice act 2003 which defines purpose of sentencing as:
The punishment of offenders
Rhe reduction of crime
The reform and rehabilitation of offenders
The protection of the public and
The making of the reparation by offenders ro persons affected by their offences
Retribution
Based on the idea that the offender deserves punishment
The punishment can be seen as a display of public revulsion for the offence
Contains an element of revenge, in that society and the victim are being avenged in the wrong time
Provides a compensating measure of justice to someone who has committed murder
Does not seek to alter future behaviour
Provides an appropriate punishment to provide justice for both the defendant and victim
Category one
High value goods stolen above 100000 or high value eith significant additional harm to the victim or the others
Culpability a b c for categor 1
A starting point three years six months custody- category range two year six months-six years custody
B staring point two years custody-thrre years six month custody range
C starting point one years custody range 26 weeks to two years custody
Category 2
High value goods stolen
10,000 to 100,000
With no significant additional harm or medium value with significant additional harm to the victim or other people
Culpability a b c for 2
A starting point two years custody the range is three years six months custody
B starting point one years custody the range is 26 weeks two years custody
C the starting point is high level community order
The range is low level community order 36 weeks custody
Category 3 harm
Medium value goods 500 to 10,00 and no s8gnifcant addition harm or low value with significant additional harm to the victim or others
Culpability a b c for 3
A starting point one years custody and 4ange 26 weeks to two years custody
B starting point high level community order and range low level community order to 36 week custody
C starting point band c fine and rang3 band b fine to low level community order
Category 4
Low value goods stolen up to 500 and little or no signifacnr additional harm to the victim or others
Culpability a b c for 4
A starting point high level community order and range medium level community order to 36 week custody order
B starting point low level community order and range band c fine to medium level community order
C starting point hand b fine and category range discharge band c fine
Rehabilitation
Aim is to reform offenders and reintroduce them into society
Hopefully alter offenders behaviour and will not reform
Can be seen in community sentenceeband probation orders. E.g involve unpaid work or complexion of an education or training course and treatment for addictions such as alcohol and drugs which may aid rehabilitation
Aim of individual deterrencr
Ensure the offender does not residence. Example is a suspended sentence as the term of imprisonment will only activate if further offending occurs. If there is no reopening the offender will not go ot prison
The recidivism rate would suggest that many prisoners are not deterred from committing crimes by the possibility of a term of imprisonment
E.g prisone has a poor record for reducing reopening as 46 percent of adults are reconnected within one year od release. For those serving sentences of less than 12 months this increases to 59 percent
Found at bromley prison factfule autumn 2017
Aim of general deterrencr
Prevent potential offenders from committing a crime. The impact of a sentence with a deterrence element is weakened by thr fact thag it relates to someone else. People are not always aware of the punishment that has been given by a county unless it is so severe that is published by the media e.g 2011 London riot case
Two men aged 21 and 22 jailed 4 years each after admitting using facebook to incite disorder. However. No disorder took places as a result of their posts. Also a 23 year old man was sentenced to six months in jail for stealing water
Public protection or incapacitation
Idea that punishment must serve a useful purpose for society as a whole by protecting us from the dangerous criminals. Sometimes ir is referred as incapacitating as the offender is prevented from exercising their freedom. E.g long prison sentence or electronic tag provides incapacitating for the criminal and protection of society
Reparation
Often involves compensating the victim of the crime, usually by ordering the offender to pay a sum of the money to the victim which includes making a reservation to society as a whole.g doing unpaid work
Denunciation
Helps to reinforce the moral and ethical codes or boundary maintenance which may have changed over time ti what is acceptable within a society e g smoking cigarettes was once acceptable but not anymore
Imprisonment
Mandatory and discretionary life sentences, fixed term and indeterminate sentences, suspended sentences
Community sentences
Combination order for unpaid work
Curfew,drug treatment and testing, supervision
Fines
Depend on financial circumstances of the offenders and seriousness of offences
Discharges
Conditional, where the defendant rwoffend during a set period of time, the courts can impose a digf sentence. Absolute, where no penalty is imposed as the defendant is guilty but morally blameless
Example of when you would get a mandatory life sentence
Murder convition
Example of when you would get a discretionary life sentence
Manslaughter, robbery or rape
Interderminate sentence
Where there is no release date to protect society
For dangerous offenders and the parole board decie3s when they should be released
What happens fo someone who is given a sentence from 2 days to two yesrs
They will be release half way through their sentence. They are then on license until the end of their sentence. With an additional post sentence supervision of at least 12 months
Do community sentences meet their aims
According to sentencing council, a community sentence combin3s punishment with activities carried out in the community. Aims to try not to only punish offenders but to change their behaviour and prevent further offending
What dis the BBC report in 2013 about community sentenced
More than 3/4 [% people sent to prison the previous year had at least one previous community sentence. Perhaps this suggests that while community orders are nor greatly effective they are more effective than imprisonment and reoffending
Do financial penalties work
For offences lik3 driving offences. The main aim for a fine is to deter and punish the defendants. In an attempt to prevent them from committing repeat offences. It is possible to be sent to prison for failing to pay a fine.
What did the daily telegraph newspaper say about financial penalties
A quater of a billion pounds in court fines have been written off because offenders can no longer be traced.
Do discharges 2ork
They can either be conditional or absolute. Conditional is used for first time offences so does not reoffend
Do discharges 2ork
They can either be conditional or absolute. Conditional is used for first time offences so does not reoffend
