The CRIMINAL JUSTICE SYSTEM Flashcards

1
Q

How does CLARKE Describe SITUATIONAL CRIME PREVENTION

A

a PRE EMPTIVE APPROACH that RELIES NOT on Improving Society BUT Simply to REDUCE OPPORTUNITIES For CRIME

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2
Q

State and Explain an Example of an SCP Measure

A

TARGET HARDENING Measures such as LOCKING DOORS and WINDOW INCREASE the EFFORT a BURGLAR NEEDS to Make, while INCREASED SURVEILLANCE in SHOPS via CCTV or SECUIRTY Guards INCREASE the LIKLIHOOD of Shop Lifting BEING CAUGHT

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3
Q

Explain how link between SCP and Rational Choice Theory

A

Underlying SCP Apporaches is RATIONAL CHOICE THEORY of Crime - that CRIMINALS ACT RATIONALLY, WEIGH UP the COSTS and BENEFITS Of a CRIME BEFORE DEICIDNG Whether to COMMIT Or Not

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4
Q

ADVANTAGE of SCP

A

+ is a COST EFFECTIVE and RELATIVELY SIMPLE Method of Curbing Crime and therefore Appealing As a Short Term Solution to Most Common Crime

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5
Q

Explain the DISADVANTAGE of SCP - DISPLACEMENT

A
  • Measures DON’T REDUCE CRIME But Simply DISPLACES - IF CRIMINALS ACT RATIONALLY, they WILL Respond by TARGET HARDENING SIMPLY BY MOVING to WHERE TARGETS are SOFTER

highlights the WEAKNESS that SCP Too HEAVILY FOCUSES on PETTY STREET CRIMES Like BURGLARY and Therefore IGNORE WHITE COLLAR, CORPORATE and STATE CRIMES

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6
Q

Explain ECP and WILSON & KELLING - “BROKEN WINDOW”

A
  • Use the Phrase “BROKEN WINDOW to STAND for ALL the VARIOUS SIGNS of DISORDER and LACK Of CONCERN FOR OTHERS That are FOUND in SOME NEIGHBOURHOODS -> including Graffiti, Vadilism.
  • LEAVING the BROKEN WINDOWS UNREPAIRED, TOLERATING AGRRESIVE BEHAVIOUR, SENDS out a SIGNAL That NO ONE CARES -> IN these AREAS there Is an ABSENCE of SOCIAL CONTROL (Police) and INFORMED CONTROL (the Community)
  • this is BECAUSE POLICE are MORE CONCERNED With OTHER CRIMES and NOT PETTY ONES, while THE COMMUNITY FEEL INTIMIDATED
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7
Q

ECP - What is WILSON & KELLING’s SOLUTION to UNREPAIRED BROKEN WINDOWS

A
  • ZERO TOLERANCE POLICING - CRACK DOWN on ANY DISORDER
  • INSTEAD Of MERELY REACTING To a CRIME, the POLICE MUST PROACTIVELY TACKLE Even the Slightest Sign of DISORDER, Even If it’s Not Criminal
  • this would PRESUMABLY would HALT NEIGHBOURHOOD DECLINE and PREVENT SERIOUS CRIMES Taking Root
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8
Q

What is the PROBLEM of ECP Solution - ZERO TOLERANCE POLICING

A

ZTP Often DISPROPORTIONALLY AFFECTS ETHNIC MINORITIES Due to BIASES of the INSTITUTIONALLY RACIST POLICE Insitiution who PUT INTO PRACTISE Their ‘CANTEEN CULTURE’ By HEAVILY STOP & SEARCH BLACK Ppl Compared to WHITE Ppl
- COULD have EFFECT of ETHNICS NOT being IN FAVOUR of POLICE and Therefore REBEL BY COMMITTING MORE CRIMES

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9
Q

Explain SOCIAL & COMMUNITY CRIME PREVENTION

A
  • STRATEGIES place EMPHASIS Firmly ON the POTENTIAL OFFENDER and Their SOCIAL CONTEXT
  • AIM to REMOVE the CONDITIONS That PREDISPOSE INDIVIDUALS To CRIME In the FIRST PLACE
  • are LONGER-TERM STRATEGIES as they AIM to TACKLE the ROOT CAUSE Of OFFENDING (e.g. Poverty. Unemployment) RATHER than Simply REMOVING OPPORTUNITIES for Crime
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10
Q

EXPLAIN how the PERRY PRE-SCHOOL PROJECT is an EXAMPLE of a SOCIAL & COMMUNITY CRIME PREVENTION STRATEGY

A
  • was a PROJECT for DISADVANTAGED BLACK CHILDREN
  • an EXPERIMENTAL GROUP of 3-4 yr olds was OFFERED a 2 YEAR INTELLECTUAL ENRICHMENT PROGRAM and Received WEEKLY HOME VISITS
  • STUDY SHOWED Striking DIFFERENCES WITH Those that HADN’T UNDERGONE the PROGRAM -> by AGE 40 the CHILDREN had SIGNIFICANTLY FEWER LIFETIME ARRESTS For VIOLENT CRIME and DRUGS while Some had Graduated from High School and WERE IN EMPLOYMENT
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11
Q

What are 2 DISADVANTAGES of SOCIAL & COMMUNITY CRIME PREVENTION

A
  • USUALLY the MOST EXPENSIVE of all CRIME PREVENTION STRATEGIES. MAY therefore BE DIFFICULT To IMPLEMENT ON a LARGE SCALE
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12
Q

POWERPOINT SHEET ABOUT PERSPECTIVES ON CRIME AND CONTROL PRVEENTION

A

.

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13
Q

What is SURVEILLANCE

A

MONITORING of PUBLIC BEHAVIOUR for the PURPOSES of POPULATION Or CRIME CONTROL
it THEREFORE INVOLVES OBSERVING PEOPLE’S BEHAVIOUR to GATHER DATA ABOUT IT and TYPICALLY, USING the DATA to REGULATE, MANAGE or ‘CORRECT’ Their BEHAVIOUR

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14
Q

How has SURVEILLANCE CHANGED in LATE MODERN SOCIETY

A

it NOW INVOLVES the USE of SOPHISTICATED TECHNOLOGY, Including CCTV CAMERAS and Databases that Collate Information from Different Sources to Produce Profiles of Groups and Individuals

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15
Q

FOUCAULT: BIRTH of the PRISON - Explain what he Argues with SOVEREIGN and DISCIPLINARY POWER

A

CONTRASTS BETWEEN 2 DIFFERENT FORMS of PUNISHMENT :
SOVEREIGN POWER : When the MONARCH Had ABSOLUTE POWER OVER PEOPLE and Their Bodies -> CONTROL ASSERTED By INFLICTING DISFIGURING VISIBLE PUNISHMENT On the BODY
DISCIPLINARY POWER : a NEW SYSTEM SEEKS to GOVERN NOT JUST The BODY, but the MIND Or ‘SOUL’

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16
Q

What does FOUCAULT Say about SURVEILLANCE and CONTROL

A

DISCIPLINARY POWER REPLACED SOVEREIGN POWER Simply because SURVEILLANCE is a MORE EFFICIENT ‘TECHNOLOGY of POWE’, a More Effective Way of Controlling Power
it’s Now DISPERSED THROUGHOUT SOCIETY, PENETRATING EVERY SOCIAL INSTITUTION to REACH Every Individual e.g: Schools and Factories

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17
Q

How does The PANOPTICON ILLUSTRATE DISCIPLINARY POWER

A
  • was a DESIGN for a PRISON for WHICH EACH PRISONER In his OWN CELL is VISIBLE To the GUARDS FROM a Central WATCH TOWER, BUT the GUARDS AREN’T VISIBLE To the PRISONERS
  • thus the PRISONERS DON’T KNOW IF They’re BEING WATCHED but they DO KNOW that They MIGHT BE BEING WATCHED
  • therefore They HAVE to BEHAVE At ALL TIMES As they WERE WATCHED and the SURVEILLANCE TURNS Into SLEF-SURVEILLANCE and DISCIPLINE BECOMES SELF DISCIPLINE
18
Q

1 CRITICISM of FOUCALT?

A

EXAGGERATES the EXTENT of CONTROL -e.g. GOFFMAN (1982) - shows how SOME INMATES of PRISONS and MENTAL HOSPITALS are ABLE to RESIST CONTROLS

19
Q

What does MATHIESON argue about SYNOPTIC SURVEILLANCE?

A
  • argued FOUCAUT’s VIEW Tells HALF The STROY WHEN APPLIED to TODAY’S SOCIETY.
  • BELIEVED WHILE the PANOPTICAL ALLOWS the FEW to MONITOR the MANY , TODAY the MEDIA ALSO ENABLE the MANY to SEE the FEW
  • in LATE MODERNITY There’s an INCREASE In the TOP-DOWN, CENTRALISED SURVEILLANCE that FOUCAULT DISCUSSES BUT ALSO In SURVEILLANCE FROM BELOW -> Mathieson calls this ‘SYNOPTICON’ - where EVERYBODY WATCHES EVERYBODY
20
Q

How does THOMPSON Provide an EXAMPLE of MATHEISON’s ‘SYNOPTICON’

A
  • argues that POWERFUL GROUPS Such as POLITICIANS FEAR the MEDIA’S SURVEILLANCE Of Them May UNCOVER DAMAGING INFO ABOUT THEM, and this ACTS as a FORM of SOCIAL CONTROL OVER Their ACTIVITIES
21
Q

Explain what FEELEY & SIMON Argue through - ACTUARIAL JUSTICE and RISK MANAGEMENT

A
  • argue that A NEW ‘TECHNOLOGY Of POWER’ is EMERGING THROUGHOUT the JUSTICE SYSTEM. It DIFFERS From FOUCAULT’s Disciplinary Power in 3 Ways :
  • it FOCUSES on GROUPS RATHER Than INDIVIDUALS * ISN’T INTERESTED In the REHABILITATING OFFENDERS , but SIMPLY in PREVENTING THEM From OFFENDING * USES ‘ACTUARIAL ANALYSIS - CALCULATES the STATISTICAL RISK Of PARTICULAR EVENTS HAPPENING to PARTICULAR GROUPS
  • FEELY & SIMON - Apply this To Surveillance and Crime and Control -> e.g. AIRPORT SECURITY SCREENING -> CHECKS are BASED on KNOWN OFFENDER ‘RISK FACTORS’ -> AIM it to PREIDCT+PREVENT FUTURE OFFENDING
22
Q

What are the 4 AIMS of PUNISHMENT

A
  • DETERRENCE
  • INCAPACITATION
  • REHABILITATION
  • RETRIBUTION
23
Q

Explain the AIM of PUNISHMENT - DETERRENCE

A
  • PUNISHING the INDIVIDUAL DISCOURAGES THEM From FUTUTE OFFEDNING
  • ‘MAKING an EXAMPLE’ of Them may ALSO SERVE as DETERRENT to PUBLIC At Large
24
Q

Explain the AIM of PUNISHMENT - INCAPACITICATION (aka protection)

A
  • the USE of PUNISHMENT to REMOVE the OFFENDERS’ CAPACITY to OFFEND AGAIN
  • POLICIES in DIFFERENT SOCIETIES have Included Imprisonment , Execution, the Cutting Of Hands and Chemical Castration
25
Q

Explain the AIM of PUNISHMENT - REHABILITATION

A
  • the IDEA that PUNISHMENT can be USED to REFORM or CHANGE offenders SO they NO LONGER OFFEND
  • Policies Include, Providing Education and Training for Prisoners so They’re Able to ‘Earn an Honest Living’ on Release and Anger Management Courses for Violent Offenders
26
Q

Explain the AIM of PUNISHMENT - RETRIBUTION

A

Means ‘PAYING BACK’. It’s a JUSTIFICATION for PUNISHING CRIMES that HAVE ALREADY BEEN COMMITTED, RATHER than PREVENTING FUTURE CRIMES
- BASED on IDEA that OFFENDERS DESERVE to BE PUNISHED and SOCIETY is ENTITLED to TAKE It’s REVENGE on the Offenders for Having Breaced as it’s moral code.

27
Q

Explain the FUNCTIONALIST PERSPECTIVE of the FUNCTION Of PUNISHMENT

A
  • DURKHEIM - PUNISHMENT UPHOLDS SOCIAL SOLIDARITY and REINFORCES SHARED VALUES
  • PUNISHMENT is Primarily Expressive - EXPRESSES SOCIETY’S EMOTIONS Of OUTRAGE AT the OFFENCE
  • THROUGH RITUAL Of ORDER, such as Public Trial, Punishment, SOCIETY’S SHARED VALUES are REAFFIRMED and It’s MEMBERS COME to FEEL a SENSE of MORAL UNITY
  • Punishment UPHOLDS SOCIAL SOLIDARITY DIFFERENTLY In DIFFERENT TYPES of SOCIETY as he IDENTIFIES 2 TYPES of JUSTICE.
  • TRADITIONAL SOCIETY Has HUGE COLLECTIVE CONSCIOUS So he Argues THROUGH RETRIBUTIVE JUSTICE that PUNISHMENT Is VENGEFUL and CUREL and it’s MOTIVATION is EXPRESSIVE Of their COLLECTIVE VIEWS
  • MODERN SOCIETY is INTERDEPENDANT ON INDIVIDUALS, CRIME DAGAMED this RELATIONSHIP and So THROUGH RESTUTUITIVE JUSTICE there NEEDS to BE Some RESTORATION Of this RELATIONSHIP, done through Things like COMPENSATION
28
Q

Explain the MARXIST PERSPECTIVE of the FUNCTION Of PUNISHMENT

A

-PUNISHMENT SERVES the RULING CLASS INTERESTS To MAINTAIN SOCIAL ORDER
- as PART of the REPRESSIVE STATE APPARATUS, it’s a MEANS of DEFENDING RULINH CLASS PROPERTY AGAINST the LOWER CLASS
e.g. THOMPSON (1997) DESCRIBES HOW in the 18th Century PUNISHMENT SUCH as HANGING and TRANSPORTATION to the COLONIES for THEFT and POACHING were PART of ‘Rule Of Terror’ by the LANDED ARISTOCRACY OVER the POOR. - PUNISHMENT like the IMPRISONMENT REFLECT the CAPITALIST SYSTEM, the PRISONER GUARDS are Like RULING CLASS MANAGERS You OBEY Their ORDERS Or RISK CONSEQUENCES
- Is SIMILAR to how MELOSSI and PAVARINI (1981) See IMPRISONMENT as REFLECTING CAPITALIST RELATIONS Of PRODUCTION
- E.g. CAPITALISM Puts a PRICE on the WORKER’S TIME, so too PRISONERS ‘DO TIME’ to ‘PAY’ For Their Crime or ‘REPAY a DEPT to SOCIETY

29
Q

UN DEFINITION of VICTIMS OF CRIME

A

VICTIMS are THOSE who have SUFFERED HARM

30
Q

What is CHRISITE’s VIEW on Definiton of VICTIMS of CRIME

A

‘VICTIM’ is SOCIALLY CONSTRUCTED,
the STEREOTYPE of ‘IDEAL VICTIM’ FAVOURED By the MEDIA is a WEAK, INNOCNENT and BLAMELESS Indivdual

31
Q

Explain PATTERNS of VICTIMISATION - CLASS

A

the POOREST GROUPS are MOST LIKELY to be VICTIMISED
HIGHEST RATES found :
- ‘among the Hard Pressed’ - UNEMPLOYED, LOW INCOME Families
- AREAS of HIGH PHYSICAL DISORDER
- AREAS with HIGH LEVELS of DEPRIVATION

32
Q

Explain PATTERNS of VICTIMISATION - AGE

A

YOUNG PEOPLE are At MORE RISK of VICTIMISATION
- MOST at RISK of Being MURDERED are INFANTS Under 1
- TEENAGERS are MORE VUNERABLE Than Adults to : ASSUAULT, HARRASMENT, THEFT
- The OLD are at RISK of ABUSE ; e.g. Nursing homes

33
Q

Explain PATTERNS of VICTIMISATION - ETHNICITY

A

ETHNIC MINORITIES are at GREATER RISK Than White People of being VICTIMS of Crimes in general as well as Racially Motivated Crime
- ETHNIC MINORITIES , the YOUNG and the HOMELESSNESS are MORE LIKELY to Report FEELING UNDERPROTECTED Yet OVER-CONTROLLED

34
Q

Explain PATTERNS of VICTIMISATION - GENDER

A
  • MEN are at GREATER RISK than Females of Becoming VICTIMS of VIOLENT ATTACKS, Especially by Strangers
  • WOMEN are MORE LIKELY to be Vicitms of DOMESTIC VIOLENCE , STALKING and HARRASSMENT, People TRAFFICKING
35
Q

Explain PATTERNS of VICTIMISATION - REPEAT VICTIMISATION

A
  • IF you have BEEN a VICTIM , you’re LIKELY to BE ONE AGAIN
36
Q

POSITIVIST VICTIMOLOGY (part 1)

A

MIERS (1989) : Positive Victimology has 3 FEATURES:
- AIMS to IDENTIFY the FACTORS that PRODUCE PATTERNS in VICTIMISATION - especially those that male some individuals or groups more likely
- FOCUSES on INTERPERSONAL CRIMES of Violence
- AIMS to IDENTIFY VICTIMS WHO have CONTRIBUTED TO Their OWN VICTIMISATION

37
Q

POSITIVIST VICTIMOLOGY (part 2)

A
  • EARLIEST POSITIVIST STUDIES -> FOCUSED on IDEA of VICTIM PRONENESS
  • SOUGHT to IDENTIFY the SOCIAL and PSYCHOLOGICAL CHARACTERISTICS that MAKE Them DIFFERENT FROM and MORE VUNERABLE THAN NON VICTIMS
  • e.g. VON HENTIG - found ARE MORE LIKELY to BE FEMALE, ELDERLY or ‘MENTALLY SUBNORMAL’
  • IMPLICATION is that the VICTIMS ‘INVITE’ VICTIMISATION BY BEING the PERSON THEY ARE
38
Q

EVALUATION of POSITIVIST VICTIMOLOGY

A
  • it IDENTIFIES CERTAIN PATTERNS Of INTERPERSONAL VICTIMISATION
    BUT IGNORES WIDER STRUCTURAL FACTORS INFLUENCING - e.g. Poverty and Patriarchy
  • IGNORES SITUATIONS WHERE VICTIMS are UNAWARE OF Their VICTIMISATION
39
Q

CRITICAL VICTIMOLOGY

A

is BASED on CONFLICT THEORIES e.g. marxism, and SHARES the SAME APPROACH As CRITICAL CRIMINOLOGY
FOCUSES on 2 ELEMENTS:
- STRURUAL FACTORS , such as Patriarchy and Poverty which Place Powerless Groups such as Women and the Poor at Greater Risk of Victimisation
- the STATE’S POWER To APPLY Or DENY THE LABEL OF VICTIM : ‘Vicitm is a Social Construct in the Same Way as ‘Crime’ and ‘Criminal’. Through the CJ Process, the State Applies the Label to Some But Witholds it From Others - e.g. Police Not Deciding to Press Charges Againgst Man for Assaulting his Wife, thereby Denying her Status

40
Q

EVALUATION of CRITICAL VICTIMOLOGY

A

+ It’s VALUABLE in DRAWING ATTENTION to the WAY that ‘VICITM STATUS is CONSTRUCTRED By POWER and HOW This BENEFITS the POWERFUL at the EXPENSE Of the POWERLESS

  • DISREGARDS the ROLE VICTIMS may PLAY in BRINGING VICTIMISATION on THEMSELVES THROUGH their OWN CHOICES or their Own Offending
41
Q

IMPACT of VICTIMISATION - SECONDARY VICTIMISATION

A

.

42
Q

FEAR of VICTIMISATION

A

.