unit 4 Flashcards
What are the 2 processes of law making
Governmental and Judicial processes
What are the 12 steps of governmental law making
- ) Green paper
- ) White paper
- ) Bill
- ) 1st reading
- ) 2nd reading
- ) Committee
- ) Report
- ) 3rd reading
- ) Ping pong
- ) Act
- ) Royal assent
- ) Act of parliament/ legislation
what are the 2 types of judicial process
- statutory interpretation
- Judicial precedent
What is statutory interpretation
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.
What is Judicial precedent
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.
What are the 5 aims of punishment
- ) Retribution
- ) Rehabilitation
- ) Public Protection
- ) Deterrence
- ) Reparation
What are the 4 types of punishment
- ) Custodial
- ) discharge
- ) Fines
- ) Community
What is deterrence
When the punishment deters people from committing the crime this could be through long custodial sentences etc.
What is public protection
This aims to keep the public protected in ways such as keeping dangerous people of the streets etc, prison/custodial sentences.
What is retribution
This aims to punish the offender, can be through custodial sentences.
What is reparation
When the offender must pay something back. This can be through fines or community service.
What is rehabilitation
This aims to rehabilitate the offender and try to get them to change their criminal behaviour and give them a second chance.
What is custodial punishment
A custodial sentence is when an offender gets a prison sentence
What is a community punishment
Unpaid work in the community, picking up litter etc.
What is a discharge punishment
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.
What is a fine
When the offender must pay a fine as punishment for the crime they committed. Different crimes have different fines.
What are the theories of social control
- Fear of Punishment
- coercion
- Internalisation of social rules and morality
- Rational choice
- ## Tradition
What theories of social control do custodial punishments meet and not
MEET
- Fear of Punishment
- coercion
- Internalisation of social rules and morality
NOT MET
- Rational choice
- Tradition
What theories of social control do fines meet and not meet.
MEET - Fear of punishment - coercion NOT MET - Internalisation of social rules and morality - Tradition - Rational choice
What theories of social control do community punishments meet and not meet
MEET - Fear of punishment - coercion - Internalisation of social rules and morality NOT MET - Tradition Rational choice
What theories of social control do discharge punishments meet and not meet
MEET - Fear of punishment - Internalisation of social rules and morality NOT MET - Coercion - Tradition -Rational choice
What aims of punishment does custodial punishments meet and Not meet
MEET - Retribution - rehabilitation - Deterrence - Public protection NOT MET - Reparation
What aims of punishments does community punishments meet and not meet
MEET - Deterrence - Retribution - Reparation NOT MET - Public protection - Rehabilitation
What aims of punishment do fines meet and not meet
MEET - Reparations - Deterrence - Retribution NOT MET - Public protection - Rehabilitation
What aims of punishment does discharge meet and not meet
MEET - Retribution - for right person - Deterrence NOT MET - Reparation - Rehabilitation - Public protection
What is social control
How we change behaviour in society
What are the types of social control
- ) Internal social control
2. ) External social control
What is internal social control
Internal forms of social control regulate our own behaviour in accordance with accepted form.
What is external social control
External pressures persuade or compel members of society to conform to the rules.
What are the internal theories of social control
- Rational choice
- Tradition
- Internalisation of social rules and morality
What are the external theories of social control
- Fear of punishment
- Coercion
What are all the organisations in the criminal justice system
- government
- police
- cps
- prisons
- probation
- courts
What is the relationship between the government and the police
The police enforce the law that the government has created and decided on.
What is the relationship between the police and the cps
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
What is the relationship between prisons and probation
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.
What is the relationship between government and prisons
prisons are government funded
What is the relationship between government and courts
courts are government funded
courts also allow legislation
What is the relationship between courts and prisons
punishments of prison sentences are given in court
What is the relationship between Police and prisons
Holding offenders in custody
What is rational choice theory
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.
What is coercion
- 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.
What is internalisation of social rules and morality
- 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.
What are the 2 models of the criminal justice system (CJS)
- ) Due Process Model
2. ) Crime control Model
What is the crime control model
Guilty until proven innocent.
Rights of victims are prioritised – Justice.
Conveyor belt of criminal justice -quick/low cost.
Zero tolerance.
Police power higher/ brutality.
What are strengths of the Crime control model
Zero tolerance – less crime - deterrent.
Low cost
Fast and efficient - good for victim rights.
Meets aims of punishment such as retribution, public protection.
What are the weaknesses of the crime control model
Offender rights.
Wrongful convictions are more likely.
Human error/police work.
Police brutality – citizen rights impacted.
Doesn’t meet rehabilitation aim of punishment.
What is the due process model
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
What are strengths of the due process model
Convictions are more reliable, more likely to be accurate.
Defendants’ rights protected - fairer
Investigative police work
Citizen rights
What are weaknesses of the due process model
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
What are the 3 environmental methods of social control
- ) CPTED - Crime prevention through environmental design.
- ) Gated lanes
- ) Prison design
What are gated lanes
What neighbourhoods look like and how their design can impact on criminality. 5 key features, surveillance (CCTV), access, territorial, physical maintenance, order maintenance.
What are the strengths of gated lanes
Reduction in crime due to visibility, lack of hiding places, sense of ownership, statistics show less crime committed in lower level buildings.
What are the weaknesses of gated lanes
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.
What is CPTED
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.
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What are the weaknesses of CPTED
Expensive, only tackles a small amount of anti-social behaviour
What are prison designs
panopticon prisons are all seeing, again promoting visibility, like CPTED, super max jails, solitary confinement
What are the strengths of prison design
Fear of punishment creates a further sense of retribution, people more likely to behave if visible.
What are the weaknesses of prison design
Expensive, Short term – social controls inmates whilst inside but what about when released? Can’t watch people 24/7 – human rights/ ethics.
What are the polices strengths in achieving social control
Work in community to prevent crime, deterrence, coercion, public protection, fear of punishment
What are the weakness of the police in achieving social control
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.
What are the strengths of prisons in achieving social control
Retribution, fear of punishment, deterrence, rehabilitation
What are the weaknesses of prisons in achieving social control
Recidivism, Lack of resources, overcrowding, rioting
What are the strengths of CPS in achieving social control
Prosecute offenders, public protection, deterrence, fear of punishment
What are the weaknesses of the CPS in achieving social control
Tests to prosecute can be hard to follow, funding shortages, failure to produce successful prosecution at times.
What are the strengths of probation in achieving social control
Rehabilitation, rules to follow/ monitoring, Rehabilitation, help others in need
What are the weaknesses of probation in achieving social control
Funding shortages, Hard to get recognition at times
What are the strengths of the judiciary in achieving social control
Retribution, fear of punishment, public protection
What are the weaknesses of the judiciary in achieving social control
Appeals, Ineffective at achieving social control, be out of touch with society
What are the strengths of Charities and pressure groups in achieving social
Reduce criminalisation, protect public
What are the weaknesses of charities and pressure groups in achieving social control
Funding shortages
What does recidivism
reoffending
What does resources mean
money, staffing, equipment, space, etc.
What do the command verbs identify, state, give, name require
Factual recall, low level mark
What do the command verbs describe and outline require
Factual recall, process, number of facts
What does the command verb explain require
Why - ‘because’
What does the command verb analyse require
Multiple reasons why
What do the command verbs discuss, evaluate, assess, examine require
pros + cons
Evaluate the limitations
Asses the role
