sociological theories affecting policy Flashcards
what is PENAL POPULISM?
government attempts to propose NEW LAWS to punish offenders in hopes these laws are POPULAR with the public and therefore GAIN PUBLIC SUPPORT
what THEORIES support PENAL POPULISM?
DURKHEIM’S FUNCTIONALISM and RIGHT REALISM
examples of PENAL POPULISM
- HARPERS LAW - MANDATORY life sentences for emergency service workers killed whilst on duty
- X3 STRIKES AND YOURE OUT - burglaries/prison - in 2012, the government introduced the law that for a 3rd domestic burglary, the offender would AUTOMATICALLY get 3 years in prison
STRENGTHS of PENAL POPULISM
- strengthens support for political parties and appeases the public
- act as a deterrent for serious crimes
WEAKNESSES of PENAL POPULISM
- prisons are already overcrowded
- doesn’t deal with the causes of crime
- the public frequently change their mind and the criminal justice system has to work on being fair and unbiased - not popular
what is the purpose of PRISON?
custodial sentences/prison aim to ensure that society has its RETRIBUTION/REVENGE on offenders
what are the 2 FUNCTIONS of PRISON?
- INCAPACITATION - incapable of harming the public
- DETERRENCE - offenders dont commit crime as theyre afraid of being caught
what is a CONCURRENT PRISON SENTENCE?
2 or more sentences served at the same time
what is a CONSECUTIVE PRISON SENTENCE?
2 or more sentences served one after the other
what is a SUSPENDED PRISON SENTENCE?
offenders serve their sentence in the community - COMMUNITY SERVICE
what is a DETERMINATE PRISON SENTENCE?
a sentence for a fixed period
what THEORIES support PRISON?
DURKHEIM’S FUNCTIONALISM and RIGHT REALISM
do prisons work as a policy to reduce crime - INCAPACITATION
- prisons might work TEMPORARILY
- offenders cant commit crimes against the public - offers PUBLIC PROTECTION whilst offenders are IN prison
do prisons work as a policy to reduce crime - REHABILITATION
OVERCROWDING and BUDGET CUTS means many prisoners lack access to services e.g. education or treatment programmes
do prisons work as a policy to reduce crime - RECIDIVISM - the tendency of a convicted criminal to RE-OFFEND
- prison is INEFFECTIVE IN REDUCING REOFFENDING
- 47% of released adults are RE-CONVICTED IN A YEAR
- 63% of those serving SHORT SENTENCES UNDER ONE YEAR RE-OFFEND
do prisons work as a policy to reduce crime - DETERRENCE
- right realists believe prisons act to deter criminals
- studies show that the risk of prison doesn’t make offenders think about the risk or stop crime
STRENGTHS of PRISON
- acts as deterrent
- protects the public
- reduces re-offending when IN prison
WEAKNESSES of PRISON
- expensive - BUDGET CUTS
- overcrowding - lack access to services e.g. education/treatment
- lack of prison staff = offenders not policed properly
- prisoners learn more criminal behaviour from each other
- a criminal record makes it hard for released prisoners to find legitimate work - might return to crime
what THEORIES support ZERO TOLERANCE POLICING?
DURKHEIM’S FUNCTIONALISM and RIGHT REALISM
what is ZERO TOLERANCE POLICING?
- NO CRIME is accepted
- taking a tough stance on crime
what THEORY (UNIT 1) is ZERO TOLERANCE POLICING related to?
BROKEN WINDOW THEORY - police concentrate on tackling ’QUALITY OF LIFE’ offences e.g. vandalism, prostitution
does ZERO TOLERANCE POLICING work?
- crime did fall in new york in the 90’s but other cities not using ZTP saw a fall in crime too = reduction in crime not necessarily linked to ZTP
- targeting of ethnic minorities due to police racism
- fail to tackle the structural causes of crime e.g. inequality
- focus on low-level street crimes only
- aggressive policing
what is RESTORATIVE JUSTICE?
when the victim and offender come face to face to restore justice
is RESTORATIVE JUSTICE an informal or formal policy?
INFORMAL policy - voluntary process
is RESTORATIVE JUSTICE beneficial to victims and offenders?
85% of victims AND offenders taking part in restorative justice believe it is a POSITIVE EXPERIENCE
what THEORIES support RESTORATIVE JUSTICE?
BECKER’S LABELLING THEORY and LEFT REALISM
STRENGTHS of RESTORATIVE JUSTICE
- research suggests it works well with FIRST TIME YOUNG OFFENDERS - statistics to show it has a POSITIVE IMPACT ON REDUCING RE-OFFENDING
- proven to reduce re-offending rates by up to HALF
- it can be cost effective if you consider the cost of restorative justice compared to repeated imprisonment
- gives victims a voice in the criminal justice system = THINKS ABOUT VICTIMS, NOT JUST OFFENDERS
WEAKNESSES of RESTORATIVE JUSTICE
- restorative justice isnt popular with the public = seen as a ’soft option’
- all parties have to want to take part or it doesnt work
- can cause more harm to victims than good = PTSD, trauma
- funding is poor for restorative justice as it requires appropriate mediators
- only works for specific crime
