CJS, C Control, Prevention, Surveillance + Punishment Flashcards
Who overseas the CJS?
Home Office + Ministry of Justice
What is the role of the CPS?
Makes decision if = enough evidence/ not to get a conviction
Decides if case gets taken to court
What is the role of the judicial system?
Also known as Her Majesty’s Court Service (HMCS)
If = no jury, decides if D = G/NG
Decides the sentencing
What is the role of the penal system?
Also known as Her Majesty’s Prison System (HMPS)
Incarceration, justice, help to reform inmates
What is the role of the national probation service?
Supervises offenders that are released into the community
What is the role of the police?
Protects the public
Makes arrests - enforces the law
What is NACRO?
Crime reduction charity that helps ex-offenders + tries to prevent young people from getting into crime
What is victor support?
Charity that gives free, confidential help to anyone affected by crime cross England + Wales (e.g. Vs/ witnesses…)
Also campaign for protection of Vs + witnesses
What is the Legal Services Commission?
Runs legal aid scheme for people who need legal representation but can’t afford it
What is a criticism of the CJS?
= disproportionate amount of influential people within the CJS = white mc men
e.g. in 2007 only 19% of judges = female + 3.5% = from an ethnically minority
Define social control in relation to c+d
Multitude of ways Ss+ Gs try to control + prevent c+d and encourage people to follow S’s shared n+v
- mechanisms of social control = ÷ into formal/ informal
Give 3 examples of formal social control
Explain how they reduce c+d
- Legislature: HoP make laws which constrain our behaviour + give power to CJS
- Religious book: e.g. bible. Teaches right/wrong, includes rules, sanctions = severe (risk of hell)
- Penal system: consequences act as a deterrent
Give 2 examples of informal social control
Explain how they reduce c+d
- Religion: teachings often include set of rules (christianity = 10 commandments) that control behaviour
- Family/ friends: socialise us into correct n+v, give us -ve sanctions when we break them
Describe functionalist views on crime control + prevention
Durkheim: prevented by agencies of social control + v consensus
Hirschi: prevented by social bonds
Both argue that social policies should focus on v consensus IOT keep c+d to a minimum
Describe left realist views on crime control + prevention
Both left + right = interested in practical crime prevention policies, but left:
- stress importance of being tough on CASUES of c in S
- believe inequality causes crime (subcultures, marginalisation)
- believe communitarianism = best way to tackle c+d
Describe right realist views on crime control + prevention
Both left + right = interested in practical crime prevention policies, but right:
- stress importance of being tough on CRIMINALS
- believe individuals choose to commit crime (rational choice theory)
- believe in SCP + ECP = best way to tackle c+d
- believe in increased social control will reduce c+d (e.g. zero tolerance)
What is surveillance a form of?
Social/ crime control
Has been quietly expanding for decades
Give 3 examples of how we’re all under surveillance
- CCTV
- Internet provider - access to all of the history
- Education institution - watch internet usage
How does Foucault argue that the nature of social control has changed?
Nature of SC - ‘discipline’
= changed from public to more subtle forms of punishment
e.g. pre-early modernity: death penalty/ torture/ imprisonment - solely carried out by CJS/ police
Late/post modernity: surveillance - carried out by range of institutions as well as CJS (education, healthcare, retail)
What analogy does Foucault use to expel how surveillance has become more subtle?
Analogy of a ‘panopticon’ (meaning all-seeing place)
= prison design allowing guards to watch prisoners in cells at all times, without the guards being seen
Resulted in self-surveillance - prisoners would conform; had no way of knowing if guards = watching
Which sociologists agree with the work of Foucault?
Why do they agree with him?
BUT how do they disagree with Foucault’s work?
Bauman + Lyon
= postmodernists, agree that we = living in an age of ever-present surveillance
BUT argue we’ll now living in a post-panoptical age, ‘watches’ themselves = no longer present
‘Liquid surveillance’ exists now, more flexible/mobile
What are the 5 functions/ roles of punishments?
- Reduction - reducing crime
- Deterrence - punishment deters individuals from (re)offending
- Rehabilitation - reform/ change behaviour (e.g. anger management)
- Incapacitation - removes offender’s ability to offend
- Retribution - ‘paying back’ S
Describe the functionalist views on punishment
Durkheim: in modern S function of punishment = restitutive (maintain social solidarity + reinforce shared v)
This is because in modern S, social solidarity = based on interdependence between individuals
BUT does punishment maintain social solidarity?
Give 3 reasons why marxists are very critical of punishments used by the CJS?
- Aim = maintain social order ( = corrupt + unfair)
- = repressive state apparatus (used to protect rc)
- Imprisonment reflects C values (imposing strict discipline, puts price on worker’s time, prisoners ‘sever time to pay’ for crimes)
How do Rusche + Kirchheimer see punishment?
Marxists
= part of social control
Changing forms of punishment arises form changing economic interests of dominant class
e.g. scale of brutality of punishments seems to rise when economies = strong/ labour plentiful BUT decline when = labour shortage so prisoners = fit for labour
Describe the right realists/ new rights views on punishment
Punishments = too soft, resulted in rise in crime in latter 1/2 of 20th cent - no longer a deterrent
Van Der Hagg argues CJS needs to be more punitive + retributive
What type of theorist is Van Der Hagg?
What does he argue about punishment?
New Right sociologist
CJS needs to be more punitive + retributive (harsher) in terms of sentences + actual experience of imprisonment
Recommends ‘3 strike’ approach
- offenders = jailed for life after 3 offence, no matter how trivial (California)
Also recommended parents who couldn’t control their children should be sent to prison
What is a criticism of right realism/ new right views of punishment?
Retribution isn’t effective
Reform, rehabilitation, education, anger management, training, restorative justice = better for ensuring that prisoners don’t return to crime
What does Cohen (labelling theorist) argue about punishment?
What is a criticism of his view?
Agrees with Foucault that social control has spread through S to more agencies of social control
Growth of community controls = cast a n’et of control’ over more people
BUT community controls often fast track young people into CJS e.g. ASBOs used by police haven’t diverted young people away, actually increased chances of getting custodial sentences
What does Matthews argue about prisons?
Often act as ‘universities of crime’
Educating prisoners about more serious crime
- could increase chances of prisoner re-offending once released
Garland says that we live in a time of what?
= living in time of ‘mass incarceration’ of particular social groups e.g. young black men
BUT prisons aren’t effective in rehabilitation (2/3 prisoners reoffend)
Argues G nowadays = more concerned with ‘managing’ crime than preventing it
