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Criminology UNIT 4 EXAM Flashcards

1
Q

What are the Seven Stages to making a bill?

A

First stage, Second Stage, Committee Stage, Report Stage, Third Reading, ‘Ping Pong Stage’ and Royal Assent.

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2
Q

What is Judicial Precedent

A

Where the past decision of a judge on case creates law for future judges to follow.

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3
Q

What does Judicial Precedent create?

A

It creates ‘Common Law’ , across the country.

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4
Q

Exceptions to Judicial Precedent?

A

Distinguishing and Overruling

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5
Q

cases that represent creating Precedent?

A

Donoghue v Stevenson (1932) Daniels V White (1938)

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6
Q

Name another way a judge can make a law?

A

Statutory Interpretation

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7
Q

Explain the rule that comes with Statutory Interpretation?

A

The Judge should use the everyday meaning of the words in a statute.

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8
Q

List key personell/Agencies in the making of a law and its journey in use throughout the Criminal Justice System

A

Parliment/Judges-Making Laws, Police, CPS, HM Courts and Tribunals, Courts, Verdict and Sentence given in Relation to Sentencing council, HM Prisons ad Probation Service.

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9
Q

Who do Government Departmets have relationships with?

A

The Courts, HM Prison Service and The Probation Service
The Police

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10
Q

Who do the Police have relationships with?

A

The courts(Giving evidence, providing Protection), The Defence Lawyers(Allowing them to speak to their client),CPS,HM Prison Service(Police arrest them and transport them to prison),The Probation Service(Work with if any issues occur),Voluntary Org’s such s Women’s Refuge.

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11
Q

Who do the CPS have relationships with?

A

The Police ( Give them advice on charging, assess the evidence give to them), The Courts (Preparing Appeals against the Unduly Lenient Scheme), Defence Lawyers(Present and give evidence once the CPS have prosecuted)

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12
Q

Who do the HM Courts and Tribunals Service have relationships with?

A

Courts and Judges ( Supervise the Efficient running of the Court), HM Prison Service (Holding Prisoners attending Court, allow access via video link to give evidence)

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13
Q

Who do the HM Prison Service have relationships with?

A

The Courts(Carry out Custodial Sentences, Supervise offenders), Police(Facilitate Interviews with prisoners involved in investigations), The National Probation Service(Liasoning when a prisoner is released on liscence), Voluntary org (Victim Support etc)

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14
Q

Who do the National Probation Service have relationships with?

A

HM Prison Service(Supervising Prisoners when on LIscence), The Courts(Supervising offenders who have been given Community Sentences, Supervising Drugs Tests)

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15
Q

Who created the two opposite models of criminal justice?

A

Herbert Packer 1968

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16
Q

What are the two models of criminal justice?

A

Due Process Model and Crime Control Model

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17
Q

Key Phrases for the Due Process Model?

A

Obstacle Course, innnocent until proven guilty, Don’t trust the police and less faith in the police, Rights of the suspect over the public, Governments biggest barrier to liberty

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18
Q

Key Phrases for the Crime Control Model?

A

Conveyer belt system, Guilty until proven innocent, trust the police, rights of the public/victim over suspect, crime is greatest threat to individuals liberty,

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19
Q

Points of Law for the Due Process Model?

A

Right to remain silent,
Right to legal representation
Right not to be retried or aquitted for a crime

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20
Q

Points of Law for the Crime Control Model?

A

Stop and search without reason
Extended police detention for terrorist offences
Changes to the double Jeopardy law

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21
Q

Cases for Due Process?
Synoptic Link for Due Process?

A

Gary Weddel, Sion Jenkins and Thompson/Venables
Synoptic Link -Left Realism - informa control is important

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22
Q

Cases for Crime Control?
Synoptic Link for Crime Control?

A

Colin Stagg, Birmingham 6, Barry George
Synoptic Link - Right Realism - being tough on crime will deter others from doing it

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23
Q

What are the two types of social control?

A

Internal and External

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24
Q

What is Internal control?

A

Controls behaviour that comes from within ourselves that leads us to conform to society or groups that we belong to BECAUSE it feels like he RIGHT THING TO DO

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25
Examples of Internal Control?
Moral Consience and Superego - (Super ego - "Nagging Parent"- tells s how to behave - restraints the id -which is bad anti social behaviour Tradition and Culture - Culture we belong to becomes part of us through socialisation - EXAMPLE - Fasting during Ramadam - importig way of affirming ones personality
26
What is External social Control?
Compel society to conform to the rule. Mostly exercised by people and organisations who have specific powers to do so.
27
Examples of External Social Control? Examples of who and how they do it?
AGENTS OF CONTROL - Police, Judges, Prisons. These have powers under PACE, use Coercion and Fear of punishment as methods to make people abide law COERCION - Physical and Non-Violent. Physical - Boily injury or harm, improsonment such as death penalty. Non-Violent - Strikes, boycotts and cooperation. Prisons use coercion through loss of liberty. (Suspended sentence) FEAR OF PUNISHMENT - General Dtterence (Mandatory Minimums) and Individual Deterance (Suspended Sentence)
28
List all aims of punishments
Retribution Reperation Rehabilitation Detterence Public Protection
29
What is retribution? Specialist Terms? Examples? Theory?
Retribution is paying back- Public getting back TERMS - 'Eye for an eye' 'Just Deserts' 'Proportionate' Backwards looking' Mandatory Life for Murder, increased sentence for assault if racist - 5 -7 years A right realist approach - being punished appropiately
30
What is Rehabilitation? Specialist Terms? Examples? Theory
Punishment can be used to reform an offender 'Refom' 'Reintegrate' altering mindset' 'addressing root cause of offending' 'forwards looking' Probation orders, offender treatment programs Theory - Individualistic Theory - Eyseneck Personality Theory - use of aversion therapy to deter offenders
31
What is Public Protection? Specialist Terms? Examples? Theory?
Punishment must serve a purpose of protecting society from dangerous criminals 'Incapicitation', 'protect' 'liberty' Examples- 'whole life order' 'execution' 'curfews' Theory - Right Realist - protect public - strict sentencing
32
What is Reperation? Specialist Terms? Examples? Theory?
Involves compensating the victim of crime - usually through paying sums of money Terms - ' compensate' 'repair' 'restorative practice' Left Realist approach - provides practicle measures to reduce crime AND be more caring to society
33
What is Detterence? Specialist Terms? Examples? Theory?
Involves ensuring an offender does not offend again - 2 types - general and individual Terms - 'persuade','deter','Fear of punishment' Example - Suspended sentence, increased sentence during London 2011 Riots Theory - Social earning Theory (Bandura) - Prisons Universities of Crime) Marxists view sentences as a way of restricting or controlling the working class
34
Different forms of punishment?
Imprisonment Community Sentences Fines Discharges
35
How does imprisonment meets their aims?
Retribution - Mandatory Life for Murder Rehabilitation - Offender Treatment programs Detterence - suspended sentences PP - Whole Life Order Reperation - Prisoners Earnings Act 2011
36
How does Imprisonment NOT meet their aims?
Retribution - Prison conditions Rehabiltation - limited places Detterence - 48% reoffending rate within 1 year rel PP- University of Crime Reperation - Few prisoners have opportunities to earn money
37
How do Community Sentences meet their aims?
Retribution - Wear High Vis jackets Rehabilitation - 34% reoffending rate/short sen -64 Detterence - Threat of Prison PP - Electronic Tags Reperation - payback in the community they offended against
38
How do Community Sentences NOT meet their aims?
Retribution - No loss of Liberty Rehabilitation - 3/4 of offenders had a CS before Detterence - 11 or more CS before prison PP - Offenders AREN'T incapicatated Reperation - use of sentences has declined by 6%
39
How do Fines meet their aims?
Retribution - Proportionate for the crime commited Deterernce - - Fines can dispose of first tiem offenders
40
How do fines NOT meet their aims?
Retribtuion - In 2016 unpaid fines totalled £747M Deterrence - many fines are written offd ue to backlog
41
How do Discharges meet their Aims? Types of discharges?
-Conditional Discharge -Absolute Discharge Deterrence - low reoffending rate after discharge
42
How do Discharges NOT meet their aims?
Rehabilitation - Does not address the root cause of offending
43
# Working practices Funding Reach- National and Local Role of the police in achieving social control?
Made by Robert Peel - keep peace, protect life, prevent/detect/investigate crime. Use powers under PACE to arrest, detain/question 2/3 of funding comes from the government - other from private events such as football 19% reduction in funding - 2010-18 - 20K Left 39 regional police forces Have specialist units such as dog/ armed police
44
# Working practices Funding Reach- National and Local Role of the CPS in achieving social control?
Values - Independent , respect Created in the Prosecution of Offences Act 1985 - independent from police Government funded - approved by parliment 13 geographical areas across England an Wales CPS Direct - available 24/7 Uses the Full code test - Evidential, Public Interest and Threshold Test
45
# Working practices Funding Reach- National and Local Role of the Judiciary in achieving social control?
Judge makes a decision about the law, explains legal issues, sums up evidence and gives sentence Salaries are decided by the Senior Salaries Review Body Philosophy - remain fair and be neutral in all cases Divided into superior and inferior courts
46
# Working practices Funding Reach- National and Local Role of the prison in achieving social control?
Keep those sentenced behind bars-live law abiding lives afterwards Most prisons government funded through taxation but some Private G4S - Birmingham Philosophy- effective execution of sentence/reduce reoffending/protect the public 123 prisons in england/wales 14 ran by privte orgs G4S Security categories - High A Max - Low D -open Prison
47
# Working practices Funding Reach- National and Local Role of Probation in achieving social control?
Core Value - Change offenders for the better Supervise high risk offenders in the community around 250,000 on probation Funding comes from general taxation Was part privatised by CRC - was reversed due to issues Natioal Service - organised into 12 regions in 2022
48
# Working practices Funding Reach- National and Local Role of Charities and Pressure Groups in achieving social control?
NACRO - National Association of care of Resettlement of Offenders - 1966 Social justice charity aims to change lives, strengthen communities and prevent crime. Involves with disadvantaged adults/young people and helps with their housing,resetlement, education and outreach projects Income of £50 M a year National org with local activities around 5 different parts of England & Wales Full time staff along with Volunteers
49
List the 4 different ways that agencies can contribute to social control?
Environmental Design Behavioural Tactics Disciplinary Tactics Institutional Tactics
50
What are the three Environmental Tactics?
Prison Design Gated Lanes CPTED
51
Decribe Prison Design
4 TYPES - Panopticon, Super Max, Open Prison and Human Ecological Prison Panopticon - Jeremy Bentham - crowd is abolished - permanent sense of control and power Super Max - For National and International Security threats (ADX COLORADO) Human Ecological Prison - Bastoy Island - Described as Holiday Camps - 20% reoffending rate
52
Describe Gated Lanes
Gated Lanes - Lower crime through design - stop burgalries, drug dealing, fly tipping and anti-social behaviour. Create safe areas for children Can deter burgaler Costs £728 per gate Crime may move to areas with no gates not slving the problem
53
Describe CPTED
Crime Prevention Through Environmental Design Created by C.Ray Jeffery - based on the idea tat crime is due to opportunities due to the environmental design Stop these things such as better lighting, reduce hedges, reduce blindsports, glass doors etc Crime less likely/ more likely to be seen
54
What are the Five Principles of CPTED?
Surveillance - able to maximise visibility. Strategic windows in schools Territorial - Clear boundary/welcoming environment Physical Maintanence-repair/upkeeping of space Order Maintanence-attending to minor acts that state what is acceptable behaviour Access - guidig by signs/well marked entrances/exits . Limited access through barrriers
55
What are examples of Behavioural Tactics?
ASBO'S/CBO'S Token Economies
56
Explain ASBO's What were they replaced with? When?
Introduced by Bair 1998 to deal with Low Level Anti-Social Behaviour such as Vandalism/Drunkness They are civil orders NOT Criminal offences Beaching an ASBO is a criminal offence. Often used as a badge of honour by youths Replaced in 2014 by Anti-Social Behaviour, Crime ad Policing Act - Civil Injuctions and Criminal Behavioural Orders
57
Explain Token Economies?
Behaviour Modification Scheme. Tries to achieve social control by changing offenders patter of behaviour by rewarding good behaviour Based on Skinner's Operant Learning Theory Example - Incentives & Earned Privileges Scheme
58
Example of a Disciplinary Tactic? Explain?
Stages Sanctions First offences are often dealt with leniently. However Repeat Offending particulary if its serious leads to more serious punishments - to deter future criminal behaviour
59
Example of a Institutional Tactic?
Prison Rules The Prison Service sets out rules you have to follow to try and achieve social control Such as No damaging prison, no drugs/alcohol Punishments include cautions, cellular refinement and loss of earned privilages
60
What are the gaps in Provision? Describe them?
New Tech - New tech is making it harder to investigate - CPS- Cracking under pressure Existing Laws - requirements to adhere to a law can prevent another being implemented. Terrorist using article 6 of ECHR to not get deported Lack of resources - police budget cots - 19% 20K CPS 25% budget 1/3 of staff Unreported crime - Can only detect crime reported - large 'dark figure of crime' - such as Domestic Abuse , White Collar Crime
61
List the different limitations agencies have in achieving social control?
Finance Recidivism Rates Environment Civil Liberties and Legal Barriers Moral Imperatives Local & National Policies Access to resources and support
62
AC 3.1
Working practices Reach - National and Local Funding

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