Understanding The Role Of Punishment In The CJS

Question 1

What are the aims of the crime control model?

Answer 1

Punish criminals and stop them committing further crime.
Focus on protecting the rights of the victim rather than the defendant.
Increasing police powers.

Question 2

What are some examples of areas of law that support the crime control model?

Answer 2

Removal of the double jeopardy rule

Introduction of ‘bad character’ evidence when deliberating a verdict

Question 3

What are the aims of the due process model?

Answer 3

Protecting the defendants rights- ensuring the trial is fair.
Police powers should be limited to prevent oppression of the individual.
Thorough investigation before a conviction can occur.

Question 4

What are some examples of law that support the due process model?

Answer 4

All interviews are now recorded
Suspects have the right to legal representation
Human Rights Act 1998
Venables + Thompson vs UK

Question 5

What is the crime control model?

Answer 5

Guilty until proven innocent

Question 6

What is the due process model?

Answer 6

Innocent until proven guilty

Question 7

What are the internal forms of social control?

Answer 7

Rational Ideology
Tradition
Internalisation of social rules and morality

Question 8

What are the external forms of social control?

Answer 8

Coercion
Fear of Punishment
Control theory

Question 9

How does tradition prevent deviant/criminal behaviour?

Answer 9

Tradition/norms make sure people conform to the rules in society- religion, culture, upbringings ensure people don’t break the law.

Question 10

What is internalisation of social rules and morality?

Answer 10

Knowing what the right thing is to do- knowing what is right and wrong based upon social values.

Question 11

What is coercion?

Answer 11

Use of force to achieve a desired end- can be physical or non-violent
Physical = bodily injury, imprisonment, death penalty
Non-violent = strike, boycott and non-cooperation

Question 12

What is fear of punishment?

Answer 12

The use of punishment a a threat to stop people offending.

Question 13

What are the two types of deterrence?

Answer 13

Individual deterrence- punishment imposed on offenders to deter or prevent them from committing further crimes.
General deterrence- fear of punishment prevents others from committing similar crimes.

Question 14

What are the 5 aims of punishment?

Answer 14

Retribution
Rehabilitation
Reparation
Public protection
Deterrence

Question 15

What is rehabilitation?

Answer 15

Aiming to alter the offenders mindset to prevent further crime.

Question 16

What is public protection?

Answer 16

Idea that punishment must serve a useful purpose for society as a whole- protecting the public.

Question 17

What is reparation?

Answer 17

Aiming to ensure the offender pays back to the victim or society.

Question 18

What is internal social control?

Answer 18

What motivates us to not commit crimes- things we believe because of the way we have been brought up

Question 19

What is retribution?

Answer 19

Aiming to punish an offender to the level they deserve

Question 20

What are the main punishments?

Answer 20

Imprisonment
Community sentences
Fines
Discharges

Question 21

What is the difference between conditional and absolute discharges?

Answer 21

Conditional- where the defendant reoffends during a set period of time, the courts can impose a different sentence
Absolute- no penalty is imposed

Question 22

How is Tradition effective at achieving social control?

Answer 22

People don’t want to turn their back on their community/ loved ones

Ensures people have role models

Strong learning in childhood- socialisation

Question 23

How is Tradition not effective at achieving social control?

Answer 23

Times have changed- different generations see different things as important

Some traditions are no longer valued as important

Question 24

What are the strengths of the crime control model?

Answer 24

Meets the aim of retribution - criminals punished for their behaviour
Acts as a deterrent
Protection for the public
Low cost - quick

Question 25

What are the strengths of the due process model?

Answer 25

Oppression prevented as police powers are reduced
Law is followed fairly
Conviction reliability
Investigative police work

Question 26

What are the weaknesses of the crime control model?

Answer 26

Seen as unfair
Likeliness of being wrongfully convicted 
Bias could occur
Defendants rights not taken into account
Police brutality - power
No focus on rehabilitation

Question 27

What are the weaknesses of the due process model?

Answer 27

Victims of crime not considered - trauma etc
Time consuming - more time taken to find the offender
More sufficient evidence required - harder to bring justice

Question 28

How does the Colin Stagg case link to the crime control model?

Answer 28

Following a murder, Colin Stagg was arrested but there was no evidence to link him to the crime
Police established a ‘honey trap’ - involving a female officer who pretended to be interested in forming a relationship
The trial judge described the undercover operation as misconceived and an attempt to incriminate a suspect