Crime control, prevention, punishments, victims and the role of the cjs. Flashcards

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1
Q

What is the CJS and what is its role ?

A

Criminal justice system- formal agent of social control. it’s made up of the government, police, judiciary and prison. It’s role is to protect society, deter, punish and reform criminals.

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2
Q

List 5 ways the CJS try and control crime ?

A

Dispersal orders, Asbo’s, ABC’S, parenting contracts and curfews.

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3
Q

What are dispersal orders and are they effective in controlling crime ?

A

Dispersal orders- introduced under the Anti social behaviour act 2003. They provide police they power to break up groups if they believe they are or are going to cause a nuisance, harassment or distress.
They aren’t effective as they’re only a short term solution and they target young people.

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4
Q

What are Asbo’s and are they effective in controlling crime ?

A

Asbo’ are anti social behaviour orders. They are civil orders against a person on the balance of evidence to have engaged in anti social behaviour.
They aren’t effective as they are sometimes seen as a badge of honour. Statistics show that 53.7% were breached in 2005, 69.4 % in 2006 and 70.3% in 2007.

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5
Q

What are ABC’S and are they effective in controlling crime ?

A

Acceptable behaviour contracts. They’re voluntary contracts between someone who is anti social and the people concerned e.g. police or social worker.

They need constant monitoring to be effective.
They are cheap and easy to achieve
Mainly used on young people, occasionally on adults.

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6
Q

What are parenting contracts and are they effective in controlling crime ?

A

A supportive measure which offers a structured and balanced way for agencies to work with parents on a voluntary basis to improve the behaviour of a young person up to the age of 17. They can include parenting programmes and lessons on ways to improve their child’s behaviour e.g. walking them to school to improve attendance.

parents and children can work together to comprise on a contract.
Once signed it must be followed or there will be consequences.

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7
Q

What are curfews and are they effective in controlling crime ?

A

Curfews were first introduced in 1998 in the crime and disorder act. They were introduced in areas were the police and council agree that gangs are causing trouble. They can last for 6 months at a time.

They think the worst of people
don’t encourage good behaviour.

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8
Q

Identify prison statistics ?

A

There is around 9 million people in prison.
The UK has the highest rate in Europe with 140 people per 100,00
there are roughly 87,000 prisons today.
it costs around £40,000 per year per person.
The UK has 157 prisons.

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9
Q

What is situational crime prevention and what view point is it from ?

A

Pre emptive approach that simply aims to reduce the opportunities to commit crime. It was derived from routine activity theory and rational choice theory, and is a right realist perspective.

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10
Q

What is routine activity theory and rational choice theory/ what do they suggest ?

A

Routine activity theory suggests that a crime occurs as part of everyday routine, when there 3 conditions present- suitable target, no capable guardian to protect the target (police, CCTV or neighbour) and finally someone who thinks both conditions are met.

Rational choice theory suggests that offenders weigh up the benefits and risks before committing each opportunity before choosing whether or not to commit the offence.

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11
Q

How does situational crime prevention aim to reduce crime opportunities ?

A

Through target hardening measures e.g. anti climb paint, CCTV or alarms.

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12
Q

Evaluate situational crime prevention

A

Good: Through the use of target hardening it will cut down the amount of crime that occurs
Bad: It assumes criminals act rationally in committing crime and not acting on impulse.
Bad: It simply displaces crime ( spatial, temporal, target, tactical and functional)
Bad: Ignores root cause of crime e.g. poverty or poor socialisation making it difficult to develop a long term solution.

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13
Q

What do right realists believe ?

A

Right realists believe that crime is not socially constructed, therefore crime will happen no matter what difference you make or how much you try to prevent it happening. They are concerned with the significant rise in the crime rates and feel that other theories don’t offer a realistic practical solution to help tackle crime. They say that ‘‘crime is a real and growing problem that destroys communities, undermines social cohesion and threatens societies work ethic”. They argue there is two causes of crime which are biological differences and socialisation of the underclass.

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14
Q

Other than rational choice theory, routine activity theory, target hardening and situational crime prevention, what other theory does right realism talk about ?

A

Wilson and George Kellings broken window theory and solution- zero tolerance policing.

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15
Q

Explain the broken window theory ?

A

Broken windows stand for signs of disorder and lack of concern for others. This includes graffiti, noise, vandalism etc. and if this isn’t repaired it shows no one cares.
In some areas where there is an absence of both formal and informal control the police are only focusing on major crimes and turn a blind eye to petty crimes leaving respectable members of society intimidated and powerless. So they move out and other delinquents move in making the area a magnet for delinquents and crime.

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16
Q

Explain the Kellings solution to crime (zero tolerance policing).

A

The idea that the absence of control leads to crime. The solution is that police should crack down on all crime no matter how petty it is. secondly to implement a environmental improvement strategy, effectively repair all broken windows.

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17
Q

Is there any evidence that the zero tolerance policy and environmental improvement strategy works ?

A

‘Clean car programme’ in New York subway. cars were taken out of transit if there was signs of graffiti and clean and then put back into transit. Resulted in graffiti largely being removed.

Crackdown on squeegee merchants discovered many had outstanding warrants for violent and property crimes. Between 1993 and 1996, there was a significant drop in crime including a 50% drop in crime including the homicide rate from 1927 986.

However unclear if it was due to the policies as:
NYPD had 7000 new officers
There was general decline in crime even in cities where the policies weren’t implemented.

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18
Q

What do left realists believe ?

A

left realists believe that reform is the way to make social change happen. They believe we need to develop explanations of crime so that we can develop practical strategies for reducing it right now rather than waiting for a revolution that could take time. Left realism developed in the response to the need to take the crime rate seriously and to offer practical solutions to crime, but not only that, it developed in response of right realisms influence on the government. Lea and Young said that left realists don’t discount white collar crime and corporate crime, they just believe that street crime is the most transparent of all injustices.

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19
Q

What reasons do left realists give for the causes of crime ?

A

3 explanations of crime; subculture, marginalisation and relative deprivation.

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20
Q

Explain how subculture is a cause of crime ?

A

Subculture is a cause of crime because as criminals still subscribe to the values and goals of society they believe they’re entitled to the same opportunities, but because their opportunities to achieve these goals are blocked or denied they turn to crime instead.

21
Q

Explain how marginalisation is a cause of crime ?

A

Marginalisation means the process by which groups find themselves on the edge of society and is a cause of crime because those who are unemployed and young etc who have no job and no company to represent feel like they have no goals and are separated from the rest of society. Because of this they resent the system and develop a sense of frustration and turn to crime as a way of expressing it and to gain power.

22
Q

Explain how relative deprivation is a cause of crime ?

A

Relative deprivation is referring to how deprived someone feels compared to others or to their own expectation. This is a cause of crime because when people feel deprived they can develop a sense of resentment of those who have the latest trends, so they turn to crime to get what they fell they deserve.

23
Q

In terms of a solution, what would left realists suggest ?

A

left realists would suggest the public must be more involved in shaping the polices priorities and style of policing. They believe we should use a tactic called military policing.

24
Q

Explain military policing.

A

Military policing is an approach based upon stop and search which suggests we should make more use of the power so we can crack down on some street crimes such as the dealing of illegal drugs. Stop and Search is set out under the Police and Criminal evidence Act 1984 and it gives the police the power to stop and search any one or vehicle in a public place.

25
Q

How is military policing limited ?

A

the power is limited by the rule of having to reasonably suspect the criminal is carrying an item of s.o.a.p (stolen goods, offensive weapons, articles of theft, cheat criminal damage etc and pointed or bladed items) and that the suspicion can’t be made up of personal factors such as age, gender, ethnicity or dress, there is an exception for known or suspected gang members.

26
Q

Is Military policing a good or bad idea ?

A

military policing can be considered a good method of crime prevention because it allows police to act under the law if they believe something is going to happen or is wrong. However it can also be seen as a bad method of crime prevention because statistics show that only 9% of stop and searches lead to arrest which suggest police are over using the power given to them. On the contrary this is also a good aspect about using military policing as a crime prevention strategy because it provides some comfort to the public in the way that it shows the police are cautious and are trying to reduce crime.

27
Q

What does Durkheim believe the function of punishment to be ?

A

to uphold social solidarity and reinforce shared values. Punishment is primarily expressive as it expresses societies emotions of moral outrage at the offence.

28
Q

What are the two types of justice Durkheim identified

A

Retributive justice and Restitutive justice.

29
Q

What is retributive justice ?

A

Where punishment is severe and cruel and it’s motivation is purely expressive. It’s in traditional societies where there is no specialisation and solidarity between individuals so their is a strong collective conscience which in terms of offending leads to repressing the offender.

30
Q

what is restitutive justice ?

A

Where the punishment is more instrumental, it’s aimed at repairing society to the way it was before the crime occurred. It’s a more modern approach because there is extensive specialisation and interdependence between individuals, So when crime occurs it damaged this interdependence hence it becomes necessary to repair the damage done.

31
Q

Foucault identified two types of power, what are they ?

A

Sovereign power and Disciplinary power.

32
Q

Explain sovereign power.

A

pre 19th century form of punishment where the monarch had complete control over people and their bodies. The punishment was pain being inflicted on their bodies or even public execution, it was a spectacle.

33
Q

Explain disciplinary power.

A

After 19th century punishment. There was a new system of discipline, which was psychological- it aims at getting criminals to internalise correct behaviour and change their thought processes.

34
Q

How does Foucault illustrate disciplinary power ?

A

Benthams panopticon.

35
Q

what is the panopticon ?

A

Circular prison with an inspection tower in the middle with the cells built around the edge. Each cell had two windows one facing out and the other the inspection tower. The guards weren’t visible to the prisoners so they didn’t know if they were being watched.

36
Q

Why does the panopticon illustrate disciplinary power ?

A

As the prisoners don’t know when they’re being watched they have to behave all time, this means the surveillance turns into self surveillance and discipline becomes self discipline

37
Q

What are the two perspectives in terms of studying victimology ?

A

Positivist victimology and Critical victimology.

38
Q

According to Miers 1989 positive victimology has what 3 features ?

A

It aims to identify the factors that produce patterns in victimisation. it focuses on interpersonal crimes of violence. And it aims to identify victims who have contributed to their own victimisation.

39
Q

Early positivist studies focus on what idea ?

A

Victim proneness. They sought to identify the social and psychological characteristics of victims that make them different from, and more vulnerable than, non victims. For example, Von hentig (1948) identified 13 characteristics of victims, such as that they are likely to be females, elderly or ‘mentally sub normal’.

40
Q

What is the implication of victim proneness ?

A

The implication of victim proneness is that the victims in some sense ‘invite’ victimisation by being the kind of person that they are. This can also include lifestyle factors such as victims who ostentatiously display their wealth.

41
Q

Give an example of positive victimology ?

A

Wolfgangs study of 588 homicides in Philadelphia. He found 26% involved victim precipitation- the victim triggered the events that led to the homicide, for instance they were the first one to use violence.

42
Q

Evaluate positive victimology ?

A

Brookman (2005) - wolfgangs study shows the importance of the victim offender relationship and the fact that in many homicides, chance plays a key part.

This approach identifies certain patterns of interpersonal victimisation, but ignores wider structural factors influencing victimisation, such as poverty and patriarchy.

43
Q

What is critical victimology based on ?

A

conflict theories.

44
Q

What two elements does critical victimology focus on ?

A

Structural factors and the states power to apply or deny the label of victim.

45
Q

What is structural factors ?

A

structural factors, such as poverty and patriarchy, which place powerless groups such as women and the poor at greater risk of victimisation. As Mawby and Walklate (1994) argue victimisation is a form of structural powerlessness.

46
Q

What does it mean by the states power to apply or deny the label of the victim ?

A

The states power to apply or deny the label of victim quotes ‘victim’ is a social construction in the same way as ‘crime’ and ‘criminal’. Through the cj process, the state applies or denies the label of victim to some but with holds it from others- for example when police decide not to press charges against a man for assaulting his wife, there by denying her victim status.

47
Q

Evaluate critical victimology ?

A

It disregards the role of victims play in bringing victimisation on themselves through their own choices

It highlights how a victims status is created by power and how this may benefit some groups.

48
Q

Which Class, Age, Gender and Ethnicity are most likely to become victimised ?

A

Lower class- poverty and high unemployment etc.
Younger people for assault and sexual harassment, older people for abuse.
Minority ethnic groups- racially motivated crime and institutional racism.
Males more often except for sexual and domestic violence which is females

49
Q

Is there evidence to suggest the police etc, are racist ?

A

Yes official national statistics show blacks were 3.6 times more likely to be arrested than whites (2006/7). Also when arrested they’re less likely to receive a caution compared to whites.

Blacks are 7 times more likely to be stop and searched than a white person. Asians are 2 times more likely than white people. Phillips and Bowling (2007)- many officers hold negative stereotypes of ethnic minorities as criminals which leads to deliberate targeting for stop and search.

Black and Asian defendants are less likely to be found guilty. 2006/7 60% of whites were found guilty compared to 52% of blacks and 44% of Asians. Phillips and Bowling (2002) maybe because evidence provided is often based on stereotypes.