role of the CJS Flashcards
P1: What is the right realist view of the CJS’s main role?
To deter crime through harsh punishments and retributive justice, assuming criminals are rational actors who weigh costs/benefits.
How does retribution function in the CJS?
It asserts moral boundaries by making “an example” of offenders (e.g., executions) to scare potential criminals.
What example supports deterrence theory?
Kenneth Eugene Smith’s nitrogen gas execution in Alabama (2024) was justified as a deterrent for violent crime.
What is Garland’s (2001) critique of deterrence?
‘Populist punitiveness’ – harsh punishments often reflect public anger, not actual crime reduction.
How does this link to the CJS’s role?
Deterrence is symbolic (reassures the public) but lacks evidence of effectiveness, questioning its practical role.
P2: What is the rehabilitative role of the CJS?
To reform offenders and address root causes of crime (e.g., poverty, poor socialisation) to reduce reoffending.
How do left realists view rehabilitation?
As essential for long-term crime prevention, but often undermined by underfunding and overcrowded prisons.
What successful example supports rehabilitation?
The Perry Pre-School Project (USA) reduced criminality by 40% through early childhood education.
Why does state-run rehabilitation often fail?
E.g., UK’s Troubled Families Programme had minimal impact due to poor implementation and lack of resources.
How does this critique the CJS’s role?
Rehabilitation is an ideal, but in practice, the CJS prioritises punishment over reform due to political/economic constraints.
P3: What is the Marxist view of the CJS?
A tool for the ruling class to criminalise the working class and protect capitalist interests.
How does the CJS reinforce class inequality?
By focusing on street crime (theft) while ignoring corporate crime (tax evasion, wage theft).
What evidence supports this?
Garland (2001) – mass incarceration in the USA targets young Black males, masking systemic failures.
What is a limitation of this view?
Not all CJS actors are class-biased (e.g., MPs’ expenses scandal saw elites punished).
How does this shape the CJS’s role?
Its primary function is social control, not justice, as seen in over-policing of marginalised groups.
P4: How do right realists approach crime prevention?
Through situational methods (CCTV, zero-tolerance policing) to deter opportunistic crime.
What example shows situational prevention?
Felson (2000) – redesigning the Port Authority Bus Terminal reduced deviance (but displaced crime).
Why is prevention often ineffective?
Right-wing methods are superficial (displace crime); left-wing strategies are underfunded and hard to measure.
