Policing & Punishment Flashcards
1
Q
Organisations in the Criminal Justice System
A
- Police
- Crown Prosection Service (CPS)
- Courts
- Prisons
- Ministry of Justice (MoJ)
2
Q
Official Aims of CJS
A
- Deterrence - Stop/discourage future crimes
- Public Protection - incapacitate the criminal
- Retribution - revenge, proportionate/reasonable
- Rehabilitation - improve their outlook/prospects
3
Q
Changes to CJS since 1900
A
- 1900-1970 - increasing focus on rehabilitation
- 1970-2014 - increasing focus on retribution
- 2014-present - debate about future, evidence mounting about mental disorders, punishments not producing results, prisons filling up
4
Q
Left Realist view on Control of Crime
A
- People commit crime because they’re not attached to their community - don’t have means to succeed legitimately or the system incentivises them
- Should control it through education, understanding, and rehabilitation - none of the causes are under their control
5
Q
Right Realist view on Control of Crime
A
- People commit crimes because they choose to hurt others - easy, people are inherently individualistic, or part of an underclass - helps establish/protect boundaries
- Need harsher punishments - people understand that crime is wrong, boundaries can be protected
- We need to protect society from those who commit crime because they’re bad people
6
Q
Restorative Justice
A
- Discussions between stakeholders
- Everyone expresses feelings and agrees a way forward - usually offender makes up for damage and community accepts them
- Very successful approach for non-violent crimes
- 85% of victims involved in restorative justice said it was a very positive experience
- 14% recidivism reduction
7
Q
Halden Prison
A
- Humanity
- Normality
- Security
- Integration
- Norway has lowest recidivism rates in the world
8
Q
Hiercharchy of Need
A
- Victim
- Community Representative
- CJS Representative
- Criminal
9
Q
Newburn (2007): 5 Reasons for Punishing Criminals
A
- Discourage them from reoffending and deterrence from future crimes
- Force them to make awards for their harm
- Protect society from those who are dangerous
- Reinforce social valus and bonds
- Punish them because they deserve
10
Q
Types of Punishment
A
- Fines
- Imprisonment
- Community Service
- Criminal Registers
- Probation
11
Q
Foucault (1991) - Postmodernists & Punishment
A
- Change from sovereign power to disciplinary power
- Sovereign - ruler shows supremacy by giving harsh, public punishment for crime
- Disciplinary - criminals punished privately and given chance to change - more like employer than monarch
- Negative change - CJS & rulers less accountable
- Get away with more surveillance
- Panopticon prison - suppression of freedom
12
Q
Rusche & Kirchheimer - Neo-Marxism
A
- Punishment of Criminals - Method of control by powerful elites over population
- Rich & Powerful use influence to avoid punishment, while everyone else is kept in line - Capitalist superstructure maintained without need for overt force
- Nobody sees punishment anymore - no accountability
13
Q
Durkheim - Functionalism
A
- Punishment reasserts boundaries in society between right and wrong - maintains social order
- Strengthens collective conscience - societal condemnation of criminal, consent in their punishment
- Increases social solidarity & cohesion - everyone is involved, not just a King (jury of your peers, council you elected)
14
Q
Althusser - Marxism
A
- Punishment exists to maintain unfair social hierachies
- ‘Repressive State Apparatus’ - gov & courts staffed by the rich and powerful
- Punishment disproportionately aimed at lower classes to keep them in line and prevent rioting
15
Q
Weber - Rationalism
A
- Modern Western legal systems based on rational principles - not religion or power
- Govs elected democratically so laws should reflect majority viewpoint
- Hierarchies are there but now competence based, not wealth based - desireable, meritocratic
16
Q
Left Realists
A
- More focus on dealing with causes of crime
- Building community control and cohesion with agencies
- Education - get people on board with laws and they’ll follow them/encourage others
- Parenting support and agencies - Sure Start, Youth Centres
17
Q
Criticisms of LR
A
- Assume all are basically good and need reminders - career criminals unlikely to respond to this
- Assume all have free will - addiction, disorders
- Don’t provide retribution - many in public keen to see offenders suffer
- Education - expensive compared with punitive fine
18
Q
Right Realism
A
- Deterrence - harsh punishment to put people off
- Reduce opportunity - ensure good surveillance and large police presence
- Situational crime - hidden targets - safety measures to stop criminals
- Increase social control - discipline & responsibility
19
Q
Criticisms of RR
A
- Harsher punishment doesn’t help those with mental disorders (60% of criminals)
- Hardened criminals won’t pay attention
- Measures in towns/cities will drive crime into countryside - less police presence
- Not all can afford CCTV, security guards - risk creating 2-tier system where only the rich are safe
20
Q
Feminism
A
- Many forms of victimisation that have been ignored should be more visible - eg. DV, SA
- Should expose extent to which violence against women is not stranger danger, but known men at home
- Should recognise link between crime and male power
- Should expose male dominated CJS
- Should suggest/campaign for improvements in CJS
21
Q
Criticisms of Feminism
A
- Focus on victimisation - complainants automatically treated as victims, could erode principle of innocence until proven guilty
- LibFem, Func., NR - disagree that patriarchy still exists - blaming DV on construct will remove individual blame
- Argument that CJS operates according to malestream bias is outdated - women mostly equal in law, given special protection in some cases
- ‘Intersectional Postmodernists’ - women no longer most oppressed class in society
22
Q
Postmodern Control & Prevention
A
- Crime = Social construction
- Law = Outdated metanarrative
- CJS needs to recognise diversity of social groups, identities, and experiences
- Police should be more tolerant and sensitive of gender, ethnicity, etc.
- Need less centralisation of power and more private control agencies (eg. college of policing)
23
Q
Criticisms of Postmodernism
A
- Metanarratives can be useful - promote social cohesion & give people a sense of belonging
- Tolerating crime by marginalised groups is risky - may lead to more extreme transgressions
- Diverse range of experiences in society - to function together, we need common set of rules
- Private agencies aren’t accountable - can follow own agenda and not be voted out
