Developments in Criminal Justice Flashcards
what are the functions of criminal justice?
proscription of certain wrongs and harms that need to be met with state sanctions
maintaining civil order and peace
protecting vulnerable individuals or groups
defending rights
what 2 key ways can criminal law be understood?
quasi-moral mode
crime is a serious wrong that causes unjustified harm
kantian perspective / mala in se
regulatory mode
crime is socially harmful and costly so should be discouraged
utilitarian perspective / male prohibita
what is an example of where the law has been judged upon from both a quasi-moral and a regulatory approach?
extinction rebellion under public order law
broke an injunction - regulatory
jury nullified the convicted regardless - quasi-moral
what elements of criminal justice render application of the law unequal?
preventative orders
certain individuals given restrictions upon their freedoms - Hancox/O’neill
what might suggest the criminal justice institution is not consistent?
preventative orders - Hancox criminal matters in civil courts - Assange deportation reverse burden of proof - s.76 SOA 2003 remand in custody plea bargaining group justice - 1980s miners' strike
what is required for an effective criminal justice system?
well functioning institutions
adequate staffing and funding
adequate trust and perceived legitimacy
what could be the effect of an ineffective criminal justice system?
rising crime
difficulties of enforcement
lack of trust leading to withdrawn cooperation
emergence of legal pluralism/ vigilante justice
what were the 2011 English riots?
response to the shooting and killing of Mark Duggan during ‘Operation Trident’ which investigated gang crime in Tottenham
RCJ held Duggan was lawfully killed and protests began and spread
how many arrests were there during the English riots in under 2 weeks?
what % of crown court trials resulted in jail terms?
3000 arrests / 1000 issued with criminal charges
90%
what was the official response to the English riots in 2011?
‘those who attacked their own communities… faced justice quickly’
‘swift and firm justice’
in response to their ‘disgraceful behaviour’
what was the reasoning to the firm response to the English riots by officials and the police?
riots are the antithesis to social order - Hobbes
undermining of whole criminal justice system
threat to authority in the ‘state of nature’
what did research into the riots find out about the reasoning for the riots?
85% confirmed behaviour was driven by anger with police
many felt a lack of respect and discriminatory treatment - stop and search
social and economic injustice which eroded legal legitimacy
influenced by austerity politics - closure of youth centres, increased tuition fees
what highlights how the media influences the perception of criminal justice?
media coverage of homicide increased during the 1990s when in fact there was a decrease from 1990-98
when was there first a shift, and a politicisation, of crime and justice?
1970s
Thatcher’s ‘ring of steel’ against lawlessness
focus on trade unions
promise of increased police power
what shift in crime and justice occurred in the 1990s?
Blair - ‘tough on crime, tough on causes of crime’
focus on policing to compete with Tory agenda
maintained survival of ‘penal welfarism’
creation of 3800 new offences
what is meant by the ‘road to austerity’ in the 2000s?
diminished crime rates
drive to make CJS efficient
impact of 2008 financial crisis
how is crime presented in the media?
how has there been a recent shift?
bad because it threatens individuals, not authority
narrative of an evil vs innocent person
victim culture is dramatised
focus on Parliamentary scandals and breaking of lockdown rules
notions of ‘crime’ become politicised based on effects of policy choice
reinforced principle that law applies equally to all - S v B-A
what does Garland argue the threat of crime is created by?
what does he argue this reinforces?
it is created by choice , not a representation of actual social factors
not autonomous but fuelled by political and social context
a culture of control by the notion of security ex//’prison works’
what are reasons that account for the reasoning that law and order is necessary?
the media - generating ‘moral panic’
social and cultural transformations - political economy
decline of trust in government protection
how has the number of people incarcerated increased in the US since 1970s?
what % of those who don’t finish High School have prison records by 30s?
x 7
30%
how do Lacey and Cooper describe the idea of ‘crimmigration’?
nationalist sentiment which creates a hostile environment for immigrants
over-policing
threat of civil and criminal law upon individuals without citizenship
who, in particular, can public spending cuts affect in regard to proper sentencing?
(Lacey and Cooper)
individuals with mental health issues
resources are not readily available or it would cost too much to keep trial running
what did legal aid expenditure decrease from between 2010-2015?
Lacey and Cooper
£2.5b in 2010
£1.5b in 2015
what direct effect on providing justice does Lacey/Cooper highlight is a result of public spending cuts?
police reduced their role
‘carrying out fewer breathalyser tests since 2010’
