imp Flashcards
Criminal justice is described as a BLANK rather than a process
INTERDEPENDENT System rather than a PROCESS
Attrition
Concept of discretion in practice
ways cases are selected in and out of criminal justice system
Out of all offenses in one year in uk, 2% end up in formal court proceedings
Prosecution in England and Scotland
Crown Prosecution Service
Crown office and the procurator fiscal
What kind of Model of Prosecution are the US and UK
expediency - us and uk
-gives wide discretion and flexibility to prosecutor over decisions over most stages
Concept of public prosecution developed when in scotland
15th Century
Who said this about sentencing decisions and discretion
the decision comes first. In all but the hardest cases, the judges “know” what the right decision is, call this instinctive synthesis or whatever you like… if required to justify this decision, post facto arguments can be constructed
David Hutton
some limited evidence of inconsistency in scotland
BLANK of scotland said in a statement that although there is little evidence of it, there is“public perception of inconsistency in sentencing that is a danger to public confidence in the criminal justice system”
some limited evidence of inconsistency in scotland
sentencing commission of scotland said in a statement that although there is little evidence of it, there is“public perception of inconsistency in sentencing that is a danger to public confidence in the criminal justice system”
finland
finland has lowered its prison population and its crime rate has flattened
discretion in UK sentencing
sentencing guidelines with increasing levels of seriousness and culpability
offence specific guidelines and generic guidance
-more flexible than numeric guidelines
2 steps
1-starting points
2-aggravating and mitigating factors
highest court
The High Court of Justiciary
scotland’s public defender office
Public Defender Solicitor Office
The US implemented numeric style sentencing when
the mid 70s
During the 18th century, popular resistance to
public execution and torture
“civilizing of conduct” - Norbert Elias
A 19th century British philosopher, and social theorist. He is regarded as the founder of modern utilitarianism.
Came up with a design for a prison he called the panopticon , maximize surveillance - thought surveillance would lead people to moderate their own behavior- like cctv
Jeremy Bentham
writer for prison as punishment
- Deprivation of liberty
- Freedom of movement
- Freedom of association - Deprivation of goods and services - cigarettes, alcohol etc
- Deprivation of sexual relationships
- Deprivation of autonomy
- Deprivation of security
Sykes 1958
Criticisms of Community Punishment
–‘Sentence stacking’ and ‘up-tariffing’
- “dispersal of discipline”
- net widening