The Criminal Justice System - Crime

Question 1

What is the role of the Crown Prosecution Service?

Answer 1

To prosecute the offender before a trial

Question 2

What is the role of HMCS

Answer 2

To carry out the trial and sentencing

Question 3

What is the role of HMPS?

Answer 3

Carries out the incarceration and reform/punishment

Question 4

What is the role of the NPS?

Answer 4

Releases the individual back out into society - reintegration

Question 5

What are 2 strengths of the CJS?

Answer 5

1) It works in a way that protects our human rights e.g. innocent until proven guilty
2) There will always be a fair trial - everyone goes through the same process

Question 6

What are 2 weaknesses of the CJS?

Answer 6

1) A disproportionate amount of influental people within the CJS are male, white and m/c e.g. judges: 2007, only 19% were female and 3.5% from an ethnic minority
2) If one aspect fails the whole system fails. If the police do not make the arrest no other agencies can carry out their role.

Question 7

What is the Functionalist (Durkheim) view of the CJS?

Answer 7

• Is a reflection of the value consensus that exists + maintains social solidarity
• services to formally mark and reinforce the boundary between acceptable and unacceptable behaviour
• at the same time the CJS works to both punish and reform offenders

Question 8

What is the Marxist view (Chambliss) of the CJS?

Answer 8

• Non-decision making (laws that are not made are as important as the ones that are) shows power of R/C
• Is selective - only certain sections of the population are criminalised
• CJS preforms an ideological role by creating a false consciousness by seeming to protect ordinary people
• The scapegoating of W/C hides the problems of Capitalism

Question 9

What is the Labelling Theory (Cicourel + Becker) view on the CJS?

Answer 9

Cicourel:
- CJS works in the interest of M/C due to stereotyped labels
- Courts + probation services reinforce the police bias - justice is negotiated
Becker:
- The CJS moral entrepreneurs label some actions as deviant and not others
- CJS can impose a master status = secondary deviance

Question 10

What is the Feminist view of the CJS?

Answer 10

Smart:
- Challenged the chivalry thesis which suggest CJS it lenient towards women. Argues that the CJS is actually biases against women as they are seen as ‘doubly deviant’

Question 11

How does Liberation thesis criticise the Feminist view of the CJS?

Answer 11

Argues the increase of women police officers, magistrates and lawyers means that the CJS is less patriarchal and may help to account for the apparent increase in female criminality as well as changes to how domestic violence etc is treated.

Question 12

How can the Functionalist view of the CJS relate to contemporary society?

Answer 12

The recent celebrity paeodophilia revelations (e.g. Jimmy Savill) was met with a strong reaction from the CJS, media and the public. This shows how the CJS reflects the value consensus

Question 13

How can the Marxist view of the CJS relate to contemporary society?

Answer 13

The different ways in which tax evasion (r/c crime) and welfare abuse (w/c) are treated by CJS

Question 14

How can the Feminist view of the CJS relate to contemporary society?

Answer 14

The CJS approach to domestic violence and the way in which law enforcement officers and the courts deal with rape cases

Question 15

How can the Labelling Theory view of the CJS relate to contemporary society?

Answer 15

The rise of Islamophobia (negative labelling of Muslims) has arguably led to more extremist activity as a form cultural defence e.g. murder of Lee rugby in Woolwich