CJS, C Control, Prevention, Surveillance + Punishment

Question 1

Who overseas the CJS?

Answer 1

Home Office + Ministry of Justice

Question 2

What is the role of the CPS?

Answer 2

Makes decision if = enough evidence/ not to get a conviction

Decides if case gets taken to court

Question 3

What is the role of the judicial system?

Answer 3

Also known as Her Majesty’s Court Service (HMCS)

If = no jury, decides if D = G/NG
Decides the sentencing

Question 4

What is the role of the penal system?

Answer 4

Also known as Her Majesty’s Prison System (HMPS)

Incarceration, justice, help to reform inmates

Question 5

What is the role of the national probation service?

Answer 5

Supervises offenders that are released into the community

Question 6

What is the role of the police?

Answer 6

Protects the public

Makes arrests - enforces the law

Question 7

What is NACRO?

Answer 7

Crime reduction charity that helps ex-offenders + tries to prevent young people from getting into crime

Question 8

What is victor support?

Answer 8

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

Question 9

What is the Legal Services Commission?

Answer 9

Runs legal aid scheme for people who need legal representation but can’t afford it

Question 10

What is a criticism of the CJS?

Answer 10

= 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

Question 11

Define social control in relation to c+d

Answer 11

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

Question 12

Give 3 examples of formal social control

Explain how they reduce c+d

Answer 12

1. Legislature: HoP make laws which constrain our behaviour + give power to CJS
2. Religious book: e.g. bible. Teaches right/wrong, includes rules, sanctions = severe (risk of hell)
3. Penal system: consequences act as a deterrent

Question 13

Give 2 examples of informal social control

Explain how they reduce c+d

Answer 13

1. Religion: teachings often include set of rules (christianity = 10 commandments) that control behaviour
2. Family/ friends: socialise us into correct n+v, give us -ve sanctions when we break them

Question 14

Describe functionalist views on crime control + prevention

Answer 14

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

Question 15

Describe left realist views on crime control + prevention

Answer 15

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

Question 16

Describe right realist views on crime control + prevention

Answer 16

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)

Question 17

What is surveillance a form of?

Answer 17

Social/ crime control

Has been quietly expanding for decades

Question 18

Give 3 examples of how we’re all under surveillance

Answer 18

1. CCTV
2. Internet provider - access to all of the history
3. Education institution - watch internet usage

Question 19

How does Foucault argue that the nature of social control has changed?

Answer 19

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)

Question 20

What analogy does Foucault use to expel how surveillance has become more subtle?

Answer 20

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

Question 21

Which sociologists agree with the work of Foucault?
Why do they agree with him?

BUT how do they disagree with Foucault’s work?

Answer 21

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

Question 22

What are the 5 functions/ roles of punishments?

Answer 22

1. Reduction - reducing crime
2. Deterrence - punishment deters individuals from (re)offending
3. Rehabilitation - reform/ change behaviour (e.g. anger management)
4. Incapacitation - removes offender’s ability to offend
5. Retribution - ‘paying back’ S

Question 23

Describe the functionalist views on punishment

Answer 23

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?

Question 24

Give 3 reasons why marxists are very critical of punishments used by the CJS?

Answer 24

1. Aim = maintain social order ( = corrupt + unfair)
2. = repressive state apparatus (used to protect rc)
3. Imprisonment reflects C values (imposing strict discipline, puts price on worker’s time, prisoners ‘sever time to pay’ for crimes)

Question 25

How do Rusche + Kirchheimer see punishment?

Answer 25

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

Question 26

Describe the right realists/ new rights views on punishment

Answer 26

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

Question 27

What type of theorist is Van Der Hagg?

What does he argue about punishment?

Answer 27

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

Question 28

What is a criticism of right realism/ new right views of punishment?

Answer 28

Retribution isn’t effective

Reform, rehabilitation, education, anger management, training, restorative justice = better for ensuring that prisoners don’t return to crime

Question 29

What does Cohen (labelling theorist) argue about punishment?

What is a criticism of his view?

Answer 29

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

Question 30

What does Matthews argue about prisons?

Answer 30

Often act as ‘universities of crime’
Educating prisoners about more serious crime
- could increase chances of prisoner re-offending once released

Question 31

Garland says that we live in a time of what?

Answer 31

= 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