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Criminology Unit 4 > AC3.1 Explain the role of agencies in social control > Flashcards

AC3.1 Explain the role of agencies in social control Flashcards

1
Q

What are the government-sponsored agencies involved in social control?

A

The Police
CPS
Judiciary
Prison Service
National Probation Service

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2
Q

What are the non-government sponsored agencies involved in social control?

A

Charities and Pressure groups

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3
Q

What were the 5 aspects of Sir Robert Peel’s philosophy of policing?

A

The basic mission of the police is to prevent crime and disorder

The police’s ability to perform their duties depends on the public’s cooperation and approval

The use of force is a last resort

The police’s duty is to impartially serve the law

The police are the public and the public are the police. The police are just citizens in uniform, paid to do full time what all citizens must do, uphold the law

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4
Q

According to the Association of Chief Police Officers, what are the aims of the police?

A

Keep the peace and maintain order

Protect life and property

Prevent, detect and investigate crime

Bring offenders to justice

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5
Q

What powers do the police have to achieve their aims?

A

The police have specific powers to stop, question, search, arrest, detain in a police station and interview a member of the public in relation to a crime.

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6
Q

What act gives the police their jurisdiction?

A

Most of the police’s powers are given under the Police and Criminal Evidence Act 1984 (PACE).

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7
Q

What are the three sources of police funding?

A

Central government funding

Local council taxes

A small amount comes from charging for services such as policing football matches

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8
Q

What has happened to police funding in recent years?

A

The police’s funding fell by 19% between 2010 and 2018. This led to a fall of 20,000 in police numbers during the same period. By 2020, there were 123,000 police officers in England and Wales.

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9
Q

How many police forces are there in England and Wales and Scotland and Northern Ireland?

A

39 regional police forces in England

4 regional police forces in Wales

1 police force for Scotland

1 police force for Northern Ireland

There are also specialist police organisations with UK-wide reach (e.g. National Crime Agency, British Transport Police and the Border Force).

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10
Q

Give an example of a specialist law enforcement agency and the type of crime it deals with

A

Unarmed policing - With the exception of specialist units, the police in Britain are largely unarmed. This reflects Peel’s philosophy that use of force is a last resort in upholding the law. This is unlike the position of the police in other countries, who are generally armed

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11
Q

What are the general duties of most police?

A

Most police have general duties, including patrolling a particular area or ‘beat’, working with the local community, responding to the public’s calls for assistance (both routine and emergency), securing crime scenes, gathering evidence from witnesses and apprehending offenders.

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12
Q

Why are most police unarmed?

A

Because according to Peel’s philosophy, the use of force has to be a last resort

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13
Q

What are special constables and what do they do?

A

Special constables are unpaid, part-time volunteers who undergo the same training and have the same legal powers as paid officers

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14
Q

What are Police Community Support Officers (PCSOs) and what do they do?

A

PCSOs have more limited powers, often dealing with anti-social behaviour on the streets, e.g. issuing fixed-penalty notices for littering or confiscating alcohol from underage drinkers. They can also ask the police to arrest a person

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15
Q

What are Police and Crime Commissioners (PCCs) and what do they do?

A

PCCs are elected representatives of the people of the area covered by a police force. They give the local population a voice in policing by being directly accountable for the electorate.

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16
Q

What do Police and Crime Commissioners aim to do?

A

Their aim is to cut crime and ensure efficient and effective policing. They set the local force’s policing priorities and their budget, and they hold the Chief Constable to account for the force’s performance including dismissing him or her where necessary.

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17
Q

What is the Crown Prosecution Service? Why was it set up?

A

The Crown Prosecution Service (CPS), formed in 1986, prosecutes serious cases in England and Wales, while police handle minor offences. It took over from the police to prevent bias in cases.

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18
Q

What Act set up the CPS?

A

Prosecution of Offenders Act 1985

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19
Q

Outline 5 aspects of the role of the CPS

A

It advises the police in their investigations about lines of
inquiry and the evidence needed to build a case.

It independently assesses the evidence submitted to it by the police and keeps cases under continuous review.

It decides whether to prosecute and if so, what charges should be brought.

It prepares the prosecution case and presents it in court, using its own lawyers and self-employed specialists.

It assists, informs and supports victims and prosecution witnesses.

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20
Q

What are the 5 values that underpin the work of the CPS

A

Independence and fairness

Honesty and openness

Treating everyone with respect

Behaving professionally and striving for excellence

Equality and inclusion

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21
Q

What is the main source of the CPS’s funding? How much does it receive?

A

Most comes from central funding - around 1/2 billion per year.

Recovers costs when the courts award costs against defendants

Recovers assets confiscated from criminals.

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22
Q

What has happened to the CPS’s funding in recent years?

A

Significant cuts. Alison Saunders in 2018 reported the budget had fell be 25% with a loss of 1/3 of staff.

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23
Q

Outline the working practices of the CPS in regards to types of criminality and offender

A

Except for some very minor cases, the CPS deals with the full range of offences and criminals. It takes responsibility for all serious cases.

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24
Q

Outline the working practices of the CPS in regards to national and local reach

A

The CPS operates nationally across England and Wales, with 14 regional teams led by Chief Crown Prosecutors, collaborating with local police and justice partners. CPS Direct acts as a virtual 15th area, offering 24/7 charging decisions to police year-round.

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25
Q

What three criteria must evidence meet to pass the evidential test?

A

The evidence must be admissible, reliable and credible

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26
Q

What are the seven questions that determine whether a prosecution passes the public interest test?

A

How serious is the offence

What is the suspect’s level of culpability

What has the victim suffered

The suspect’s age and maturity

What is the impact of the offence on the community

Is prosecution a proportionate response to the offence

Do information sources require protecting

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27
Q

What is the Threshold Test?

A

If there is not enough evidence currently available for an immediate prosecution, a suspect may still be charged under certain circumstances. In these cases, the CPS must apply the Threshold Test

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28
Q

Outline two aspects of the Threshold Test?

A

There must be reasonable ground to believe that the suspect is guilty and that enough further evidence can be obtained later to secure a conviction.

The offence is serious enough to justify immediate charging and it would be too risky to allow bail. Any decision to charge must be kept under review.

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29
Q

What are the six principles in the Guide to Judicial Conduct (2016)?

A

Judicial independence: Judges should be independent and free from government interference in their decisions. This enables them to uphold the rule of law and safeguard the rights of citizens against the power of the government

Impartiality: Not showing favour to one side or the other

Integrity: Being honest and with strong moral principles

Propriety: Upholding society’s accepted standards of behaviour and morals

Ensuring equal treatment to everyone who comes before the court

Competence: The knowledge and ability to do the job

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30
Q

What are the two oaths that judges swear?

A

The oath of allegiance (loyalty) to the Monarch, their heirs and successors.

The judicial oath to ‘do right to all manner of people after the laws and usages of this realm without fear or favour, affection or ill will’ - in other words, to treat people equally, with impartiality and according to the law.

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31
Q

What is the role of the judiciary in the Crown Court?

A

The judge must manage the trial, ensuring fairness to all parties, explaining the legal issues and the procedures to members of the jury, summing up the evidence, and passing sentence if the defendant is found guilty.

32
Q

What is the role of the judiciary in the Appeal Courts?

A

Judges make rulings on the appeals that come before them from lower courts in the hierarchy. This may involve creating presidents through the principle of judicial precedent, which then binds the future decisions of the lower courts.

33
Q

What body determines the pay of the judiciary?

A

The pay of the judiciary is based on the advice of an independent body, the Senior Salaries Review Body, which makes recommendations to the Prime Minister and the Lord Chancellor on how much judges should be paid.

34
Q

How much did the Lord Chief Justice get paid in 2020?

A

£262,000

35
Q

How much did District Judges earn in 2020?

A

£112,000

36
Q

How much can some experienced barristers earn and how might this affect the recruitment of judges?

A

Although judges are well paid by most people’s standards, some senior lawyers can earn far more than judges. For example, some experienced barristers working in commercial law earn in excess of £1m. This may be a disincentive for some people to become judges.

37
Q

What two features of their position ensure that judges maintain their independence?

A

They have security of tenure: they cannot be removed from office except by a petition to the Monarch passed by both Houses of Parliament.

Their salary is guaranteed

38
Q

Describe the hierarchy of judges

A

They can be divided into superior judges, who sit in the Supreme Court, Court of Appeal and High Court, and inferior judges, who sit in Crown Court (and sometimes also in Magistrates’ Courts)

39
Q

What types of crimes and offences do judges deal with?

A

Judges deal with all types of offence and offender, except for the least serious cases, which are usually dealt with by magistrates, or by cautions and fixed-penalty notices issued by the police.

40
Q

Which court has nationwide jurisdiction?

A

The Supreme Court has nationwide jurisdiction and settles points of law of national importance.

41
Q

Approximately how many Crown Court venues are there around the country?

A

Judges working in the lower courts such as the 90 or so Crown Court venues around the country handle local cases.

42
Q

How do prisons aim to achieve social control over prisoners, both when they are inside and when they are released?

A

The prison service aims to punish and rehabilitate offenders for a crime-free life post-release while maintaining order and rule compliance in prison. However, evidence suggests it is not highly effective.

43
Q

What has been the impact of budget cuts on prisons?

A

Between 2010 and 2018, the number of prison officers fell by 15% as a result of budget cuts.

44
Q

How have budget cuts affected the ability to control inmates in prison?

A

More experienced officers were more likely to leave and by 2018, a third of prison officers had less than two years’ experience. This has made it harder to maintain control over inmates.

45
Q

What has been the impact of the increased prison population?

A

The prison population nearly doubled from 43,000 in 1993 to 80,000 in 2021, causing overcrowding in 58% of prisons by 2018. Overcrowding fuels discontent and rule-breaking, with numbers projected to reach 98,700 by 2026.

46
Q

Why are prisons unable to deal with the rehabilitation needs of prisoners?

A

Increased numbers of prisoners, staff shortages and budget cuts mean that prisons are often unable to deal with the causes of prisoners’ offending, including mental health needs, drug and alcohol dependency, illiteracy and lack of qualifications.

47
Q

What is the problem of short prison sentences in relation to rehabilitation?

A

There is not enough time to address their often complex needs.

48
Q

What are the 3 main aims of the prison service?

A

To protect the public from harm

To help people who have been convicted of offences to rehabilitate so they can contribute positively

To hold prisoners securely and implement the sentences and orders of the courts.

49
Q

How are prisons paid for?

A

Prisons are paid for by the government out of general taxation.

50
Q

Describe Category B prisons

A

Close and contain individuals who do not require maximum security but whose escape still needs to be made very difficult. HM Pentonville for example.

50
Q

Describe Category C Prisons

A

Closed and contains individuals who cannot be trusted in open conditions but unlikely to escape. HM Dartmoor for example

50
Q

What types of crime and offenders do prisons deal with?

A

The prison service deals with higher risk offenders who are deemed unsuitable to serve their sentence in the community. However, the range of seriousness of offence varies greatly, from murder down to theft.

50
Q

Describe Category A prisons

A

Closed and contain individuals whose escape would be highly dangerous to the public. HM Belmarsh for example

50
Q

Describe Category D Prisons

A

Open and contains individuals who can be reasonably trusted not to try and escape. HM Kirklevington Grange

51
Q

What happens to prisoners who have attempted to escape from prison?

A

Escape-risk prisoners are placed on an “escape list,” requiring handcuffs, bright yellow clothing during transfers, frequent cell changes, and removal of clothes and some property before nightly lockdown.

52
Q

Why are prisons criticised for not meeting the aim of rehabilitation of offenders?

A

Prisons aim to rehabilitate but face criticism for limited education, training, and work opportunities. In 2020, half of inspected prisons lacked useful activities, with under 40% rated as “good” or “reasonably good,” down from over 66% in 2009-10.

53
Q

Why are there too few activities for prisoners?

A

One reason for this is the cuts in the number of prison officers which mean there are fewer available to supervise prisoners undertaking activities.

54
Q

What are incentives and earned privileges (IEPs)? How are IEPs used to help control prisoners’ behaviour?

A

Incentives and Earned Privileges (IEPs) are rewards for prisoners who follow rules. There are three levels: basic, standard, and enhanced. New prisoners start at the standard level, allowing moderate privileges like spending more of their earnings. Misbehaviour results in demotion to the basic level, with minimal privileges (e.g., limited letters or visits). Good behaviour earns promotion to the enhanced level, with perks like a TV in their cell. Privileges vary by prison.

55
Q

What are the three core values and ethical principles of the National Probation Service (NPS)?

A

The belief that offenders can change for the better and become responsible members of society

Belief in the worth and the dignity of the individual

A commitment to social justice, social inclusion, equality and diversity.

56
Q

How does the NPS describe itself?

A

A ‘statutory criminal justice service that supervises high-risk offenders released into the community and provides statutory support to victims of serious sexual or violent crime.’

57
Q

What is the priority of the NPS?

A

Its priority is to protect the public by rehabilitating offenders, by tackling the causes of their offending and enabling them to turn their lives around.

58
Q

What are one of the types of client that the probation service supervises? (Community)

A

Offenders serving a sentence in the community rather than in prison, as the result of a Community Order by the court.

59
Q

What are one of the types of client that the probation service supervises? (Licence)

A

Offenders who have been released on licence from prison before the end of their sentence. For example, prisoners serving 12 months or more are normally released on licence halfway through their sentence, The licence has requirements attached (e.g. undergoing drug treatment) and is supervised by the probation service

60
Q

Who has the NPS worked in partnership with?

A

The NPS collaborates with courts, police, local councils, and private and voluntary sector partners to manage offenders. Until 2020, this included 21 private sector community rehabilitation companies (CRCs), like Sodexo Justice Services.

61
Q

Who pays for the Probation Service?

A

This budget is provided by the government and comes from general taxation.

62
Q

What are community rehabilitation companies (CRCs)?

A

Community rehabilitation companies (CRCs) contracted by the Ministry of Justice to provide probation services largely failed, with 19 of 21 missing re-offending reduction targets and some supervising offenders remotely by telephone.

63
Q

In 2018, what was found about the money that was spent on CRCs?

A

A report in 2018 in the House of Commons Public Accounts Committee concluded that up to £342 million had been spent on CRCs without clear benefits by 2020 and the Ministry of Justice had spent over £500 million more than expected on the CRCs

64
Q

What was planned for funding of the Probation Service in 2020?

A

The government decided to end all private sector contracts for probation work in 2020 and to reorganise the service on a regional basis. From 2022 it will be organised into 12 regions.

65
Q

What are Charity and Pressure Groups?

A

Charities and Pressure Groups are voluntary organisations that are independent of government control.

66
Q

What is the aim of Charities and Pressure groups?

A

Their aim is to promote the interests and welfare of the people they are concerned with, such as ex-offenders or victims of crime.

67
Q

What is Nacro?

A

The National Association for the Care and Resettlement of Offenders

68
Q

What does Nacro do?

A

Provides help for ex-offenders that at the same time campaigns as a pressure group to change government policies that affect them.

69
Q

How does Nacro describe itself?

A

Nacro describes itself as a social justice charity seeking to change lives, strengthen communities and prevent crime. It aims to overcome the stereotyped view of the ex-prisoner.

70
Q

Give one example of a campaign Nacro has been involved in

A

Ban the box campaign to remove the tick box on criminal convictions on job application forms

71
Q

How is Nacro funded?

A

Public donations, government grants and contracts for providing services for ex-offenders and others

72
Q

What types of crimes and offenders does Nacro deal with?

A

Nacro supports ex-offenders, at-risk youth (e.g., those excluded from school), and disadvantaged young people and adults.

73
Q

What is the coverage across the country of Nacro’s activities?

A

Nacro is a national organisation with local activities and projects in around 50 different parts of England and Wales at any one time. It has a large full-time staff and many unpaid volunteers.

Criminology Unit 4 (6 decks)

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