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criminology unit 4 > unit 4 > Flashcards

unit 4 Flashcards

1
Q

What are the 2 processes of law making

A

Governmental and Judicial processes

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2
Q

What are the 12 steps of governmental law making

A
  1. ) Green paper
  2. ) White paper
  3. ) Bill
  4. ) 1st reading
  5. ) 2nd reading
  6. ) Committee
  7. ) Report
  8. ) 3rd reading
  9. ) Ping pong
  10. ) Act
  11. ) Royal assent
  12. ) Act of parliament/ legislation
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3
Q

what are the 2 types of judicial process

A
  • statutory interpretation

- Judicial precedent

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4
Q

What is statutory interpretation

A

Judges read the law and interpret it – Needs to be consistent. – R v R, 1991 – first time judge interpreted the law for the first time to interpret rape within marriage to be illegal.

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5
Q

What is Judicial precedent

A

The first-time judge interprets law in a certain way, this sets the precedent and the standard for future cases. – Donoghue vs Stevenson – businesses were criminally negligible.

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6
Q

What are the 5 aims of punishment

A
  1. ) Retribution
  2. ) Rehabilitation
  3. ) Public Protection
  4. ) Deterrence
  5. ) Reparation
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7
Q

What are the 4 types of punishment

A
  1. ) Custodial
  2. ) discharge
  3. ) Fines
  4. ) Community
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8
Q

What is deterrence

A

When the punishment deters people from committing the crime this could be through long custodial sentences etc.

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9
Q

What is public protection

A

This aims to keep the public protected in ways such as keeping dangerous people of the streets etc, prison/custodial sentences.

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10
Q

What is retribution

A

This aims to punish the offender, can be through custodial sentences.

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11
Q

What is reparation

A

When the offender must pay something back. This can be through fines or community service.

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12
Q

What is rehabilitation

A

This aims to rehabilitate the offender and try to get them to change their criminal behaviour and give them a second chance.

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13
Q

What is custodial punishment

A

A custodial sentence is when an offender gets a prison sentence

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14
Q

What is a community punishment

A

Unpaid work in the community, picking up litter etc.

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15
Q

What is a discharge punishment

A

When the offender can get out of a sentence as being in court in sentence enough. Usually handed out to smaller crimes and first-time offenders.

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16
Q

What is a fine

A

When the offender must pay a fine as punishment for the crime they committed. Different crimes have different fines.

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17
Q

What are the theories of social control

A
  • Fear of Punishment
  • coercion
  • Internalisation of social rules and morality
  • Rational choice
  • ## Tradition
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18
Q

What theories of social control do custodial punishments meet and not

A

MEET

  • Fear of Punishment
  • coercion
  • Internalisation of social rules and morality

NOT MET

  • Rational choice
  • Tradition
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19
Q

What theories of social control do fines meet and not meet.

A 
MEET 
- Fear of punishment 
- coercion
NOT MET 
- Internalisation of social rules and morality 
- Tradition 
- Rational choice
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20
Q

What theories of social control do community punishments meet and not meet

A 
MEET 
-  Fear of punishment 
- coercion 
- Internalisation of social rules and morality 
NOT MET 
-  Tradition 
Rational choice
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21
Q

What theories of social control do discharge punishments meet and not meet

A 
MEET 
- Fear of punishment 
- Internalisation of social rules and morality 
NOT MET 
- Coercion 
- Tradition 
-Rational choice
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22
Q

What aims of punishment does custodial punishments meet and Not meet

A 
MEET 
- Retribution
- rehabilitation
- Deterrence
- Public protection 
NOT MET 
- Reparation
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23
Q

What aims of punishments does community punishments meet and not meet

A 
MEET
- Deterrence
- Retribution
- Reparation
NOT MET
-  Public protection 
- Rehabilitation
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24
Q

What aims of punishment do fines meet and not meet

A 
MEET 
- Reparations
- Deterrence
- Retribution
NOT MET 
- Public protection 
- Rehabilitation
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25
Q

What aims of punishment does discharge meet and not meet

A 
MEET 
- Retribution - for right person 
- Deterrence 
NOT MET 
- Reparation
- Rehabilitation 
- Public protection
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26
Q

What is social control

A

How we change behaviour in society

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27
Q

What are the types of social control

A
  1. ) Internal social control

2. ) External social control

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28
Q

What is internal social control

A

Internal forms of social control regulate our own behaviour in accordance with accepted form.

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29
Q

What is external social control

A

External pressures persuade or compel members of society to conform to the rules.

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30
Q

What are the internal theories of social control

A
  • Rational choice
  • Tradition
  • Internalisation of social rules and morality
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31
Q

What are the external theories of social control

A
  • Fear of punishment

- Coercion

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32
Q

What are all the organisations in the criminal justice system

A
  • government
  • police
  • cps
  • prisons
  • probation
  • courts
33
Q

What is the relationship between the government and the police

A

The police enforce the law that the government has created and decided on.

34
Q

What is the relationship between the police and the cps

A

Police and cps work closely together. Police must hand evidence from a case over to cps, to decide if the case is human rights applicant and can be taken to court. Helps remove certain powers from the police helping to prevent cases and conditions to becoming too personal. Cps decide whether to charge

35
Q

What is the relationship between prisons and probation

A

If an offender misbehaves whilst on probation, he will most likely be sent back to prison. Prison must decide whether the offender is capable of being put on probation.

36
Q

What is the relationship between government and prisons

A

prisons are government funded

37
Q

What is the relationship between government and courts

A

courts are government funded

courts also allow legislation

38
Q

What is the relationship between courts and prisons

A

punishments of prison sentences are given in court

39
Q

What is the relationship between Police and prisons

A

Holding offenders in custody

40
Q

What is rational choice theory

A

people freely choose their behaviour and are motivated by the avoidance of pain and the pursuit of pleasure. This perspective assumes that crime is a personal choice, the result of individual decision-making processes.

41
Q

What is coercion

A
  • Coercion is the use of force to achieve a desired end.
  • It may be physical or non-violent
  • It is the ultimate means of social control when all other means fail.
  • Physical coercion may take the form of bodily injury, imprisonment and death penalty.
42
Q

What is internalisation of social rules and morality

A
  • Internalization means an individual’s acceptance of a set of norms and values (established by others) through socialization.
  • Internalization starts with learning what the norms are, and then the individual goes through a process of understanding why they are of value or why they make sense, until finally they accept the norm as their own viewpoint.
43
Q

What are the 2 models of the criminal justice system (CJS)

A
  1. ) Due Process Model

2. ) Crime control Model

44
Q

What is the crime control model

A

Guilty until proven innocent.

Rights of victims are prioritised – Justice.

Conveyor belt of criminal justice -quick/low cost.

Zero tolerance.
Police power higher/ brutality.

45
Q

What are strengths of the Crime control model

A

Zero tolerance – less crime - deterrent.

Low cost

Fast and efficient - good for victim rights.

Meets aims of punishment such as retribution, public protection.

46
Q

What are the weaknesses of the crime control model

A

Offender rights.

Wrongful convictions are more likely.

Human error/police work.

Police brutality – citizen rights impacted.

Doesn’t meet rehabilitation aim of punishment.

47
Q

What is the due process model

A

Innocent until proven guilty.

Limited police powers to prevent oppression.

More tolerance and understanding of crime.

More focus on fairness

More consideration of offenders’ rights.

Not as much consideration for victim rights

Long legal process.

More expensive

48
Q

What are strengths of the due process model

A

Convictions are more reliable, more likely to be accurate.

Defendants’ rights protected - fairer

Investigative police work

Citizen rights

49
Q

What are weaknesses of the due process model

A

Police have limited powers – higher reoffending rates – not as much deterrence.

More evidence needed – harder to convict.

Victims – must wait a long time for court appearances, appearing as a witness can be physiologically damaging

Expensive

50
Q

What are the 3 environmental methods of social control

A
  1. ) CPTED - Crime prevention through environmental design.
  2. ) Gated lanes
  3. ) Prison design
51
Q

What are gated lanes

A

What neighbourhoods look like and how their design can impact on criminality. 5 key features, surveillance (CCTV), access, territorial, physical maintenance, order maintenance.

52
Q

What are the strengths of gated lanes

A

Reduction in crime due to visibility, lack of hiding places, sense of ownership, statistics show less crime committed in lower level buildings.

53
Q

What are the weaknesses of gated lanes

A

Not all crimes are committed in hidden places – visibility doesn’t put some people off, not all crimes can be tackled this way, e.g. domestic violence.

54
Q

What is CPTED

A

Lanes on entrance to alleyways to deter burglars and drug dealers, reduces anti-social behaviour, again takes away hiding places so crime must become more visible.

55
Q

ryhtyh

A

rttg

56
Q

What are the weaknesses of CPTED

A

Expensive, only tackles a small amount of anti-social behaviour

57
Q

What are prison designs

A

panopticon prisons are all seeing, again promoting visibility, like CPTED, super max jails, solitary confinement

58
Q

What are the strengths of prison design

A

Fear of punishment creates a further sense of retribution, people more likely to behave if visible.

59
Q

What are the weaknesses of prison design

A

Expensive, Short term – social controls inmates whilst inside but what about when released? Can’t watch people 24/7 – human rights/ ethics.

60
Q

What are the polices strengths in achieving social control

A

Work in community to prevent crime, deterrence, coercion, public protection, fear of punishment

61
Q

What are the weakness of the police in achieving social control

A

Can make mistakes – cases such as puppy farm murders and disorder in Cromer clearly show this, internal social control not changed, funding, staffing shortages, can’t severely punish directly so limits on retribution, reparation and public protection.

62
Q

What are the strengths of prisons in achieving social control

A

Retribution, fear of punishment, deterrence, rehabilitation

63
Q

What are the weaknesses of prisons in achieving social control

A

Recidivism, Lack of resources, overcrowding, rioting

64
Q

What are the strengths of CPS in achieving social control

A

Prosecute offenders, public protection, deterrence, fear of punishment

65
Q

What are the weaknesses of the CPS in achieving social control

A

Tests to prosecute can be hard to follow, funding shortages, failure to produce successful prosecution at times.

66
Q

What are the strengths of probation in achieving social control

A

Rehabilitation, rules to follow/ monitoring, Rehabilitation, help others in need

67
Q

What are the weaknesses of probation in achieving social control

A

Funding shortages, Hard to get recognition at times

68
Q

What are the strengths of the judiciary in achieving social control

A

Retribution, fear of punishment, public protection

69
Q

What are the weaknesses of the judiciary in achieving social control

A

Appeals, Ineffective at achieving social control, be out of touch with society

70
Q

What are the strengths of Charities and pressure groups in achieving social

A

Reduce criminalisation, protect public

71
Q

What are the weaknesses of charities and pressure groups in achieving social control

A

Funding shortages

72
Q

What does recidivism

A

reoffending

73
Q

What does resources mean

A

money, staffing, equipment, space, etc.

74
Q

What do the command verbs identify, state, give, name require

A

Factual recall, low level mark

75
Q

What do the command verbs describe and outline require

A

Factual recall, process, number of facts

76
Q

What does the command verb explain require

A

Why - ‘because’

77
Q

What does the command verb analyse require

A

Multiple reasons why

78
Q

What do the command verbs discuss, evaluate, assess, examine require

A

pros + cons
Evaluate the limitations
Asses the role

criminology unit 4 (1 decks)

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