Understanding The Role Of Punishment In The CJS Flashcards
What are the aims of the crime control model?
Punish criminals and stop them committing further crime.
Focus on protecting the rights of the victim rather than the defendant.
Increasing police powers.
What are some examples of areas of law that support the crime control model?
Removal of the double jeopardy rule
Introduction of ‘bad character’ evidence when deliberating a verdict
What are the aims of the due process model?
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.
What are some examples of law that support the due process model?
All interviews are now recorded
Suspects have the right to legal representation
Human Rights Act 1998
Venables + Thompson vs UK
What is the crime control model?
Guilty until proven innocent
What is the due process model?
Innocent until proven guilty
What are the internal forms of social control?
Rational Ideology
Tradition
Internalisation of social rules and morality
What are the external forms of social control?
Coercion
Fear of Punishment
Control theory
How does tradition prevent deviant/criminal behaviour?
Tradition/norms make sure people conform to the rules in society- religion, culture, upbringings ensure people don’t break the law.
What is internalisation of social rules and morality?
Knowing what the right thing is to do- knowing what is right and wrong based upon social values.
What is coercion?
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
What is fear of punishment?
The use of punishment a a threat to stop people offending.
What are the two types of deterrence?
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.
What are the 5 aims of punishment?
Retribution Rehabilitation Reparation Public protection Deterrence
What is rehabilitation?
Aiming to alter the offenders mindset to prevent further crime.
What is public protection?
Idea that punishment must serve a useful purpose for society as a whole- protecting the public.
What is reparation?
Aiming to ensure the offender pays back to the victim or society.
What is internal social control?
What motivates us to not commit crimes- things we believe because of the way we have been brought up
What is retribution?
Aiming to punish an offender to the level they deserve
What are the main punishments?
Imprisonment
Community sentences
Fines
Discharges
What is the difference between conditional and absolute discharges?
Conditional- where the defendant reoffends during a set period of time, the courts can impose a different sentence
Absolute- no penalty is imposed
How is Tradition effective at achieving social control?
People don’t want to turn their back on their community/ loved ones
Ensures people have role models
Strong learning in childhood- socialisation
How is Tradition not effective at achieving social control?
Times have changed- different generations see different things as important
Some traditions are no longer valued as important
What are the strengths of the crime control model?
Meets the aim of retribution - criminals punished for their behaviour
Acts as a deterrent
Protection for the public
Low cost - quick
What are the strengths of the due process model?
Oppression prevented as police powers are reduced
Law is followed fairly
Conviction reliability
Investigative police work
What are the weaknesses of the crime control model?
Seen as unfair Likeliness of being wrongfully convicted Bias could occur Defendants rights not taken into account Police brutality - power No focus on rehabilitation
What are the weaknesses of the due process model?
Victims of crime not considered - trauma etc
Time consuming - more time taken to find the offender
More sufficient evidence required - harder to bring justice
How does the Colin Stagg case link to the crime control model?
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
