Crime Control Flashcards

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1
Q

What are the aims of the criminal justice system?

A

1.) Deterrence: putting people off
2.) Public protection: maintain order, prevent further harm
3.) Retribution: punishing for wrongdoings
4.) Rehabilitation: reforming criminals

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2
Q

What is said about changing approaches to justice?

A

GARLAND:
- 20th century —> rehabilitation
- 1970s —> retributive justice + harsher penalties (Newbury calls this their just desert)
Shown by a significant increase in imprisonment in the UK between 1970-2014.

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3
Q

What has there been uncertainty about within the changing approaches to justice?

A
  • Uncertainty whether deterrents such as imprisonment are working.
  • Crawford and Evans, 1980s —> crime reduction focuses on preventing future crime, there has been growing recognition that the CJS should also focus on rights protection and needs of victims.
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4
Q

What is said about the culture of control from left realism to right realism?

A
  • A shift from Left Realists approaches to more Right Realist approaches.
  • Left realist: causes of crime
  • Right realist: focuses on criminals, reduces opportunities for crime.
    GARLAND: culture of control —> concerned with reducing the risks of people becoming victims rather than rehabilitation of criminals. Accompanied by growing use of private security.
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5
Q

What is restorative justice?

A
  • More attempts to divert people involved in minor offending away from formal sanctions.
  • Allows avoidance of minor offenders entering universities of crime.
  • Victims and offenders are brought together to repair the harm caused and take responsibility.
  • BRAITHWAITE: more effective involving reintegrative shaming (name and shaming, face to face with victims)
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6
Q

What does Foucault suggest about surveillance?

A

FOUCAULT:
- Surveillance: monitoring + controlling behaviour of criminals.
- Leads to self surveillance.

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7
Q

What does Foucault say about the growth of surveillance?

A
  • We live in an age of panopticism
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8
Q

What is the concept Foucault uses to describe contemporary societies?

A
  • Carceral archipelago (a prison consisting of a series of islands) is used by Foucault to describe contemporary societies.
  • Every public location like a small panopticon in which everyone is subject to surveillance.
  • E.g. school government agencies gather huge amounts of data on every individual.
    Surveillance is now used to not just track criminals but to also prevent potential crime and non conformist behaviour.
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9
Q

What is the role of surveillance technology?

A

Surveillance technology:
(Technologies of power and disciplinary technologies - FOUCAULT)
- Enables the state to exercise disciplinary power over the whole population.

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10
Q

What does Lyon argue about surveillance in modern societies?

A
  • Enhanced by information and communication technologies (ICTs).
  • Both suspects and ordinary peoples data’s are of interest.
  • Argues that everyday life has become less private.
  • Surveillance is a key part of everyday life, makes sense to talk of surveillance societies where ICTs enable total social control.
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11
Q

What are some round the clock surveillance technologies and what do they do?

A
  • CCTV, face recognition software, automatic number plate recognition systems
  • Monitor the movements of all people, become a means of controlling all crime and disorder, by avoiding the risk of it taking place in the first place.
  • And by tracking potential offenders.
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12
Q

How many cameras are installed across the UK?

A
  • According to the British security industry association, an estimated 5 million CCTV cameras are installed across the UK.
  • This makes Britain one of the most heavily surveilled countries in Europe, with the police routinely using video footage to identify criminals.
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13
Q

What else is surveillance used for, other than around crime?

A
  • Consumer tracking
  • Where a large amount of data is collected on individuals.
  • For example, Tesco Club card collects information about every product a customer purchases, providing a profile of the lifestyle of that person.
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14
Q

What are Internet Service Providers legally required to do?

A
  • ISPs are now legally required to hang onto their users communications and often an individuals digital footprint which provides more information than direct, physical observation.
  • Everything is visible to the state or large corporations such as Apple, Google and Amazon.
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15
Q

Who is monitoring us according to Foucault?

A
  • FOUCAULT suggests we are now living in a carceral (prison-like) culture, in which the panopticon model of surveillance has been spread throughout society.
  • Society itself has become a gigantic panopticon, where everyone is being watched by those with power (the judges of normality) in order to impose conformist behaviour through self discipline.
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16
Q

How can you evaluate Foucault with synoptic surveillance?

A

MATHIESEN:
- In a contemporary society, it is not just the few who monitor the many.
- The media enables the many to monitor the few, e.g. by media stories on corrupt or immoral behaviour by politicians —> we live in a synopticon.
- Another example is where the public monitor each other through dashcams or helmet cams.
- The widespread ownership of cameras and camera phones means people can monitor the monitors e.g. by filming illegal behaviour by the police.

17
Q

How can you use surveillance assemblages to evaluate Foucault?

A

HAGGERTY AND ERICSON:
- Surveillance technologies now ‘talk’ to one another, e.g. number plate recognition software and CCTV footage.
- Data doubles of individuals can be created and monitored e.g. through mobile phone communication, rather than monitoring the physical individual.

18
Q

How can you use risk management to evaluate Foucault?

A

FEELY AND SIMON:
Surveillance is different now to Foucault:
1.) It focuses on groups rather than individuals.
2.) It uses calculations of risk
E.g. Airport screening checks, which are based on known risk factors.
The effect of this is to place entire social groups under suspicion. E.g. 2010 West Midlands police sought to introduce a counterterrorism scheme to surround two mainly Muslim suburbs of Birmingham with automatic number plate recognition cameras, thereby placing whole communities under suspicion.
—> The problem with risk management is the danger of a self fulfilling prophecy.

19
Q

How can you use labelling to evaluate Foucault?

A

NORRIS AND ARMSTRONG:
- Research shows that CCTV operators make discriminatory judgements about who they should focus on. This results in targeting of young black males.

20
Q

How can you use social media surveillance to evaluate Foucault?

A

LYON:
- Social media now means that we monitor each other.
- We often willingly volunteer information about ourselves which we upload to social media accounts.
- Enables us to be monitored.
- Social media companies then follow a market logic where they use this personal data to sell advertising which allows us to be targeted by companies.

21
Q

What is Foucaults explanations for why punishments have changed over time?

A

Foucault: punishments have changed from sovereign power to disciplinary power.
- The decline in public forms of physical punishment is due to the changing structures of power in society.
- Public brutal punishments —> demonstrations of the supreme power of the sovereign over criminals. (Called this sovereign power).
- As sovereign power declined there developed a new form of state power and control over criminals. (Called this disciplinary power).
- Criminals were to be controlled and disciplined by surveillance

22
Q

What does Rushe and Kirchheimer say about punishment, class domination and control?

A

RUSHE AND KIRCHHEIMER:
- Marxist perspective
- Punishments as apart of social control and class domination in unequal societies.
- They see the changing forms of punishment over time arising from the changing economic interests of the dominant class.
- Brutal punishments increased when there was plenty of labour and declined when there was a labour shortage.

23
Q

What is the functionalist perspective to punishment?

A

DURKHEIM:
- Societies can only exist if they have value consensus that form moral ties binding communities together —> collective conscience. Laws are an expression of this.

24
Q

What are the criticisms for the functionalist perspective to punishment?

A
  • Assumes law reflects value consensus
  • Ignores inequalities in wealth and power
  • Imprisonment may not assist in social order but may threaten it as prisons often act as universities of crime
25
Q

What is the marxist perspective to punishment?

A
  • Marxists argue that laws are not an expression of so-called collective values, but of ruling class ideology.
  • Althusser saw punishment as part of the repressive state apparatus which are the parts of the state that are concerned with mainly repressive, physical means of keeping a population in line through police, courts and prison —> helps reinforce ruling class ideology and protects the ruling class’s private property from the proletariat.
  • Rusche and Kirchheimer regard the law and punishment as forms of social control of the working class, and as a means of reinforcing ruling class power in unequal class societies. The unequal distribution of power in society is reflected in the unequal distribution of punishment: some people and acts are criminalised more than others, e.g. the working class.
  • The way the CJS and the media focus on working class crime diverts attention from the crimes of the middle and upper class who either escape punishment altogether or are treated leniently.
26
Q

What are the criticisms for the marxist perspective to punishment?

A
  • Difficult to see all punishments as simply linked to the interests of the dominant class.
  • Some argue the working class fill the prisons because they commit some of the most harmful offences.
  • Left Realists would argue victims of crime tend to be other disadvantaged people like the offenders.
27
Q

What does retribution provide according to Durkheim?

A

Retribution provides:
- An outlet for public anger and outrage at the violation of the collective conscience
- An opportunity for society to express its disapproval of criminal behaviour
- Reasserts the boundaries between right and wrong and re-establishes social order
- Reaffirms and strengthens collective values and laws which are an expression of them
- Reinforces social regulation and social control
- Contributes to building social solidarity

28
Q

What is the weberian approach to punishment?

A

Modern societies:
- Process of rationalisation, based around laws and regulations.
- Only the state has the open to punish offenders.

29
Q

What is the rationalisation of the punishment of offenders based on according to Weberian theories?

A
  • Rationalisation of punishment of offenders is based on legal-rational authority.
  • Punishment is based on impersonal rules and regulations.
  • It is administered through bureaucracies of officials rather than by arbitrary treatment handed out by sovereign power.
30
Q

What is punishment based on in democratic societies according to weberian approaches?

A
  • Based on legislation decided by elected governments, giving some legitimacy and it is reasonable for offenders to comply with these punishments.
31
Q

What are the research statistics by the Downing Street strategy unit that show that prison doesn’t work very well?

A
  • 2003 = 22% increase in the prison population since 1997 was estimated to have reduced crime by only 5% at the time when crime had fallen by 30%.
    This suggests that there is no convincing evidence that putting people in prison reduces crime.
32
Q

What does the ministry of justice research show about imprisonment?

A
  • 47.5% of prisoners released in 2010 were proven to have reoffended within a year of being released.
  • For juveniles, the reoffending rate was 70%
33
Q

What were the 6 reasons for reoffending?

A
  1. Complex social causes: Boorman and Hopkins cite evidence that reoffending prisoners had chaotic childhoods, experienced abuse, witnessed violence in the home and had been taken into care.
  2. Unemployment
  3. Problems with accommodation
  4. Histories of mental illness
  5. Prisons may make pre-existing problems worse such as destabilising family ties, and disrupting employment opportunities by stigmatising offenders.
  6. Goffman suggests prisons have their own subcultures, which provides training grounds for criminals and confirms the criminal label, becoming the master status.
34
Q

What is the era of mass incarceration which can lead to imprisonment not working?

A

GARLAND:
- USA and UK are moving into an era of mass incarceration.
- 200,000 inmates in state and federal prisons in USA 1970s, now there is 1.5 million.
—> Once imprisonment reaches this scale, it becomes the imprisonment of the whole population (young black males).

35
Q

What does Downey’s argue about mass incarceration?

A
  • Downes argues mass incarceration has an ideological function. The US prison system soaks up about 30-40% of the unemployed, thereby making capitalism look more successful.
36
Q

What does Garland argue mass incarceration is due to?

A
  • Garland argues mass incarceration is due to the politicisation of crime control.
  • Since the 1970s, there has been a move towards a political consensus around tough on crime measures.
  • This has led to higher rates of imprisonment and longer sentences.
37
Q

What does Simon argue the era of mass incarceration is due to?

A
  • Another reason is due to the war on drugs.
  • As Simon argues, because drug use is so widespread this has produced an almost limitless supply of imprisonable offenders.
38
Q

What is transcarceration?

A
  • There is also a trend towards transcarceration which is the idea that individuals simply move between different carceral agencies during their lives. —> This results in them being locked into a cycle of control.
  • E.g. Someone might be brought up in care, then sent to a young offenders’ institution, then adult prison, with bouts in a mental hospital in between.
  • Some sociologists see transcarceration as a product of the blurring of boundaries between criminal justice and welfare agencies. E.g. health, housing and social services are increasingly being given a crime control role in multi-agency working.
39
Q

What are the alternatives to prison?

A
  • Growth in community based controls e.g. curfews and electronic tagging.
  • At the same time, there has been a growth in the number of people in custody.