Unit 4 Flashcards
1
Q
Formal legislative process
A
Legislation is made through acts of parliament they’re introduced by government and drafted by lawyers in civil service.
2
Q
Green paper
A
On major issues a green paper may be issued by a minister who has responsibility. It is a constitutive document on a topic in which the government’s view is put foward with proposals for law reform
Interested parties are then invited to send comments to the relevant government departments so full consideration of all sides can be made and necessary changes can be made
3
Q
On major issues a x paper may be issued by a minister who has responsibility. It is a constitutive document on a topic in which the government’s view is put foward with proposals for law reform
A
Green paper
Interested parties are then invited to send comments to the relevant government departments so full consideration of all sides can be made and necessary changes can be made
4
Q
White paper
A
After consultation on a green paper a white paper will be published which is the firm proposal for a new law. Allows for a draft act called the bill to be presented which starts in HOC or HOL
5
Q
Role of House Of Commons
A
650 constituencies
A bill will only become an act of parliament if it successfully completes all the necessary steps in parliament. Bills are debated in the HOC, if voted against then it’ll be the end of the bill
During the course of a bill through the HOC, there will be debates on issues of the policy as well as specific details of the bill
6
Q
Role of the House of Lords
A
The HOL act as a check on the HOC
All bills go through the HOL as well as the HOC and they can vote against proposed changes to the law.
In some cases, this may alert the HOC to a problem with the proposal and it will be dropped or amended
7
Q
7 stages of lawmaking
A
1- Consultation stage
2- first reading
3- second reading
4-committee stage
5- report stage
6- third reading
(Repeat in other house)
7- royal assent
8
Q
Stage 1 of law making (consultation stage)
A
The government makes a stage of the bill and asks senior officials to make comments , along with members of the public and pressure groups
9
Q
The government makes a stage of the bill and asks senior officials to make comments , along with members of the public and pressure groups
A
Consultation stage (1)
10
Q
Stage 2 of law making (first reading)
A
The government announces the bill by reading its title and the main aims. A formal vote is taken
11
Q
The government announces the bill by reading its title and the main aims. A formal vote is taken
A
First reading (2)
12
Q
State 3 of law making (second reading)
A
This is the main debating stage where MPs can discuss the bill, ask questions and vote on it. It could be voted out at this stage.
13
Q
The main debating stage where MPs can discuss the bill, ask questions and vote on it. It could be voted out at this stage.
A
Second reading (3)
14
Q
Stage 4 of law making (committee stage)
A
A smaller group of MPs look at the bill in detail. They may make changes called amendments based on their discussions
15
Q
A smaller group of MPs look at the bill in detail. They may make changes called amendments based on their discussions
A
Commitee stage (4)
16
Q
Stage 5 of law making (report stage)
A
Amendments made during the committee stage are reported to everyone in the HOC. MPs may vote on these amendments
17
Q
Amendments made during the committee stage are reported to everyone in the HOC. MPs may vote on these amendments
A
Report stage (5)
18
Q
Sixth stage of law making (third reading)
A
Overall consideration of the bill in the House of Commons and final votes are made to decide whether the bill goes any further
19
Q
Overall consideration of the bill in the House of Commons and final votes are made to decide whether the bill goes any further
A
Third reading (6)
20
Q
6.5 stage of law making (other house)
A
The bill then goes to the other house and the 6 stages are repeated
Any amendments have to passed back to original house to consider and approve.
This can lead to ‘ping pong’ between houses where a bill is passed back and forth until both agree
21
Q
Seventh stage of law making (royal assent)
A
The ruling monarch signs off the bill as a new law aka an act of parliament
22
Q
The ruling monarch signs off the bill as a new law aka an act of parliament
A
Royal assent (7)
23
Q
Statutory interpretation
A
If a word or phrase is unclear a judge must decide its meaning. Judges in higher courts bind (compel to follow) those in lower courts. Such lower courts must follow the interpretation of senior judges
Therefore when there is some ambiguity in the words of a statue, a higher court judge will be called upon to resolve
Judges can use different rules of interpretation and in doing so can establish new laws, for example, the literal, golden and mischief rules and rule of interpretation
24
Q
If a word or phrase is unclear a judge must decide its meaning. Judges in higher courts bind (compel to follow) those in lower courts. Such lower courts must follow the interpretation of senior judges
A
Statutory interpretation
25
Whitely vs Chappell
Chappell was accused of impersonating any person entitled to vote, in which they had pretended to be a person who was on the voters list but who had died
The judge interpreted the statute and found the defendant not guilty since a dead person isn’t entitled to vote
26
X was accused of impersonating any person entitled to vote, in which they had pretended to be a person who was on the voters list but who had died
Whitley v Chappell
The judge interpreted the statute and found the defendant not guilty since a dead person isn’t entitled to vote
27
Judicial precedent
If a judge finds that there has been a previous decision by a higher or same level court in a similar case they must follow it
If no precedent has been set then the decision made by that judge sets the original precedent which others should follow in a similar case
28
If a judge finds that there has been a previous decision by a higher or same level court in a similar case they must follow it
If no precedent has been set then the decision made by that judge sets the original precedent which others should follow in a similar case
Judicial precedent
29
How does judicial precedent work
The judge will need to look for important similarities between cases
Ie. In a case involving a road accident some features would be unimportant like the colour of the car. However the speed and conditions could all be important factors
If there are no material differences, a previous decision will act as a precedent and if it was made in a higher court it is a binding precedent (one that must be followed)
30
Binding precedent
If the precedent was made in a higher hours then it is a binding precedent and must be followed by lower courts
31
Donogue v Stevenson
The plaintiff suffered through finding the remnants of a decomposed snail in a bottle of ginger beer which she was drinking. She sued the manufacturer.
It was held that the manufacturer owed his consumers a duty of case since he and they were ‘neighbours’ in law
This was the original precedent and since 1932 the law of negligence has developed from it and many cases have been bound to follow it
32
The plaintiff suffered through finding the remnants of a decomposed snail in a bottle of ginger beer which she was drinking. She sued the manufacturer.
Donogue v Stevenson
It was held that the manufacturer owed his consumers a duty of case since he and they were ‘neighbours’ in law
This was the original precedent and since 1932 the law of negligence has developed from it and many cases have been bound to follow it
33
Daniel’s v white
The claimant bought a bottle of lemonade and when it was drunk he felt a burning reaction in his stomach
The lemonade was found to have corrosive metal in it
The case of Donogue V Stevenson was used when suing for compensation even though the facts were slightly different
It was sufficiently similar to the purpose of the precedent as the manufacturer had let harm come to a customer due to negligence
34
The claimant bought a bottle of lemonade and when it was drunk he felt a burning reaction in his stomach
The lemonade was found to have corrosive metal in it
Daniel’s v white
The case of Donogue V Stevenson was used when suing for compensation even though the facts were slightly different
It was sufficiently similar to the purpose of the precedent as the manufacturer had let harm come to a customer due to negligence
35
Hierarchy of courts
1) Supreme
2) Appeal
3) Crown court and High court
4) Magistrates (and youth) and county court
36
Summary of criminal justice procedure
Law creation
Police enforce the law and investigate breaches
CPS will advise the police
Suspect brought before the court
Defendant released on bail or put in custody
If convicted a formal punishment will be decided
Hm prison service overseas the welfare of prisoners
When released a prisoner is under supervision by NPS
37
Public bills
Most common type of bill and refers to a law which applies to the general public. Bills are mostly out foward by gov ministers on behalf of their party
38
Most common type of bill and refers to a law which applies to the general public. Bills are mostly out foward by gov ministers on behalf of their party
Public bills
39
Private members bill
Public bills introduced by MP’s and Lords who are not gov ministers. As with other public bills their purpose is to change the law as it applies to the general population.
40
Public bills introduced by MP’s and Lords who are not gov ministers. As with other public bills their purpose is to change the law as it applies to the general population.
Private members bill
41
Private bills
These are normally put foward by an organisation or a private company. This type of bill will only affect certain groups of people instead of the general public
42
These are normally put foward by an organisation or a private company. This type of bill will only affect certain groups of people instead of the general public
Private bill
43
Hybrid bills
These are combination of private and public bills by proposing something that affects the public but will also have a significant impact for specific individuals or groups
44
These are combination of private and public bills by proposing something that affects the public but will also have a significant impact for specific individuals or groups
Hybrid bills
45
Role of the ministry of justice
Sets and carries out government policy for the justice systems
Responsible for provision of legal aid, administration of justice through courts and tribunals, detention and rehabilitation of the offenders
(Protect the public and reduce reoffending)
46
Purpose of the MOJ
•To protect and advance the principles of justice
•To deliver a world class justice system
•To work together with other government departments and agencies to bring the principles of justice to life for everyone in society
•To work to ensure sentences are served and offenders are encouraged to turn their lives around
47
Role of police
Maintaining law and order, protect members of the public and their property and prevent detect and investigate crime
48
Key roles carried out by police
• protecting life and property
•preserving order
•preventing the commission of offences
•bringing offenders to justice
Governed by PACE 1984 and The Human Rights Act 1998
49
How many constabularies in England and Wales
43
50
Responsibilities of police (markscheme)
•responsible for enforcing the law and taking action against those who break it
•arrest, detain and question suspects in accordance with legal obligations
•investigating who had committed a crime
•provide a policing service to the community
•work in partnership with other organisations
•testifying in court
51
Role of CPS
•Advising the police on cases for possible prosecution
•reviewing cases submitted by police
•where the decision is to prosecute, determining the charge
•preparing cases for court
•CPS is responsible for prosecuting the offence in court
52
Role of HM prison service
Keep those sentences to prison in custody helping them lead law-abiding lives both in prison and when they’re released
They run 104 of the 117 prisons
53
Responsibilities of HM Prison service
•Managing prison and probation services
•supporting effective offender management
54
Who owns the 14 privately owned prisons
G4S (4)
Sodexo (4)
Servo (5)
55
Who owns the 13 privately owned prisons
G4S (4)
Sodexo (4)
Serco (5)
56
Role of NPS
They supervise high risk offenders released into the community
Previously privatised with 21 companies but is fully public since 2020
Priority is to protect the public by the effective rehabilitation of high risk offenders by tackling the causes of offending and enabling them to turn their lives around
57
Responsibilities of the NPS
•managed by the National offender management scheme and is responsible for commissioning prison and probabtion services
•work with around 30,000 offenders a year
•make sure people serve their sentences
•works with prison service prior to release of a prisoner
•support and liaise with victims
•anyone released from prison after serving between 2 days and 2 years must be supervised by NPS for at least 12 months
58
Court of first instance
Refers to a court where the case will be tried in full for the first time
(Crown and magistrates court)
59
Category of offence : court
Indictable = crown
Triable either way = crown or mag
Summary = magistrates
60
Responsibilities of magistrates court
95% of all criminal cases are dealt with in magistrates court
•Try all summary cases
•Try any truable either way offences
•deal with first hearing of any indictable offences
•deal with side matters including warrants
61
What can magistrates do
Can pass maximum sentences up to 12 months
Impose fines up to £5,000
Cases heard by volunteer laypersons
62
Crown court
Established by the crown courts act 1971
Second criminal court of first instance and heard trials in indictment
63
The youth court
Deals with cases involving 10-17 year olds
Part of magistrates court
Heard by 3 magistrates (one usually female) and is not open to public
Deals with less severe youth cases and may give a range of sentencing including community sentences and detention orders
64
Responsibilities of the judge
•trial system is adversarial (judge acts as referee)
•the judge has to ensure the jury understands the evidence
•advise jury on how to apply the law
•ensure a fair and human rights compliant trial
•decide sentence
•under criminal justice act 2003 it’s possible for a judge to sit without a jury to determine a verdict
65
The role of the sentencing council
Promotes greater consistency in sentencing whilst maintaining the Independence of the judiciary
They provide guidelines on sentencing for the judiciary and criminal justice professionals and and to increase public understanding of sentencing
Also compile statistics of crime and justice for the home office
66
Role of formal punishments
Formal punishments are designed too
•punish the offender
•protect the public
•change the offenders behaviour
•get the offender to make up for their crime
•cut future crime
67
5 Types of sentences
Conditional discharge
Fine
Community sentence
Suspended sentence
Custodial sentence
68
Conditional discharge
No further sanction is long as the offender stays out of trouble for the duration of the discharge period
69
Fine
The level of the fine is usually related to the seriousness of the offence and must be paid within a set period of time
70
Community sentence
This places them under the supervision of the NPS and there will be a range of requirements that must be completed (eg unpaid work) can last from 6months to 3 years
71
Suspended sentence
A prison sentence will be imposed but suspended for a defined period of time. As long as the offender stays out of trouble there is no further sanction
72
Custodial sentence
Magistrates can only impose custodial sentences for up to 12 months. Only judges in the crown court can impose longer sentences including life sentences for very serious offences
73
Relationship between police and government
Police are funded by the government / ministry of justice also from local governments
Governments are responsible for creating laws which the police then determine
The home office overseas the police force and often create new strategies and initiatives to improve policing and improve public safety like PREVENT
74
Relationship between police and cps
Police will seek advise from the cps
They’ll work together in prosecuting offenders
Cps will review cases submitted by police and prepare the case
Cps offered cps direct to the police
75
Relationship between police and courts
Police will work with courts to ensure that defendants are brought before them
In order for police to get certain powers they must make an application to the magistrates court
Can be called to court to provide evidence
May set bail conditions that require police involvement
76
Relationship between police and NPS
Both work together in management of an offender including attending meetings
Police will arrest a prisoner recalled to prison while on probation
MAPPA: the police work with the probation and prison services to manage violent and sexual offenders to protect the public from harm
77
Relationship between police and HMP prison service
Ensure those sentenced to custody are taken there
Arrest a prisoner if recalled on license
Search for and return an escaped prisoner
MAPPA
Crime in prison referral agreement: the prison should contact the police immediately if there is a serious incident/crime. Police will investigate and liaise with the prison
78
Relationship between police and charities
Crimestoppers work with police giving power to ppl encouraging them to speak up. Schemes such as “fearless” which used social media to educate youth about consequences surrounding criminality
79
Relationship between CPS and government
Cps are funded by government (tax)
And they will charge suspects that break the laws set by the government
80
Relationship between CPS and courts
They will review cases submitted by police and prepare them for court
They’ll appear in the courts to present the case for prosecution
Cps may assist a judge with information to establish a legitimate reason for withholding bail
81
Relationship between CPS and NPS
Cps will provide information on the offence to the NPS so they can write the pre sentence report
Cps will be advised by the NPS on the suitability of an offender for bail
82
Relationship between CPS and prison service
Crime in prison referral agreement- cps will review crimes committed in prison to see whether the prison disciplinary system can deal with the offence or whether it should be referred to police
83
Relationship between CPS and charities
Victim support also supports the witnesses and victims via the witness care unit who have made evidential statements and who may be called by the prosecution to give evidence at a court hearing
They liaise between the witness, police, courts and the CPS it is the main provider of court and prosecuting based information for the victims once the case enters the CJS
84
Relationship between courts and government
•The ministry of justice works with the courts to probed legal aid, administer justice and provide detention or rehab
•The government allows legislation to be used in courts as without laws there would not be a court process
•The gov funds the courts with money obtained via tax
•Courts Contributes by the judiciary to law creation through judicial precedent and statutory interpretation
85
Relationship between courts and NPS
Probation officers will attend the court hearing and provide advice about any breaches.
They may be called upon to prepare a pre-sentence report for the court especially of the court is considering imposing a probation order
The judge or magistrate could order such a probation report
86
Relationship between courts and prisons
Liaison with the prison/independent security firms and prisons to ensure safe delivery of prisoners to court
Arrangements of video links if a prisoner is not to attend their court hearing and return to prison
It is the judge who sets a the term of imprisonment including the length
Those defendants who have been denied bail by the courts will remain in prison
87
Relationship between Courts and charities
Victim support provides services to ensure that victims are given the support that they need before during and after court.
They also support witnesses and victims via witness care unit who have made evidential statements and who may be called by prosecution to give evidence in court
They liaise between the witness, police, courts and the cps. It is the main provider of court and prosecution based information for victims once case is in court
88
Relationship between governmentand NPS
The ministry of justice are in charge of the NOS so they ensure strategies and procedures are in place which enable the probation served the ability to help offenders
NPS is government funded via tax
89
Relationship between prisons and NPS
Overseeing all prisoners once released if on license or parole
They may liaise with prison when an offender is about to be released.
They attend meetings in prison and provide prison governors with reports that help determine either a prisoner should be released and under what conditions
Overseeing all prisoners who have served a sentence up to 2 years for min of 12 months
MAPPA: police work with NPS sharing information with other agencies to assess and manage violent and sexual offender
90
Relationship between charities and NPS
Nacro: campaigned for an increase in the discharge payment which is critical for people to buy the basics in the first few days after release. In may 2021, the government increased the discharge payment from £46 to £76
Trailblazers: charity set up to mentor young offenders with the primary objective of helping to reduce their reoffending. This hey provide weekly 1 on 1 mentoring both in prison and after release
91
Relationship between prisons and government
The ministry of justice would set the responsibilities and policies as they oversee all state prisons
The government oversees the budget for state prisons and will provide some grants to private prisons
The government also ensures that all prison officers have enough power to enforce the law and are able to do so safely while not risking their lives
92
Relationship between prisons
and charities
The prison reform trust is a charity which works to create a just, humane and effective penal system. According to its websites it aims to improve prison regimes and conditions, defend and promote prisons human rights. Address the needs of prisoners families and promote alternatives to custody
Howard league for penial reform: aims are less crimes safer communities and less people in prison.
They have run many campaigns including their campaign ‘books for prisoners’ the charity won an award for this campaign in 2015
93
2 models of criminal justice
Crime control model
Due process model
94
Crime control model of crime
•Reducing crime by prosecuting those who are guilty
• emphasis put on facilitating criminal investigations and pursuit of offenders
•less emphasis placed on suspect rights and that they hamper police work
•therefor can be viewed as a conveyor belt with the conviction of innocent tolerated because of ultimate goal of convicting the guilty overused civil liberties
•removal of double jeopardy rule
•anti terrorism legislation
•stop and search rights
•surveillance
95
Due process model
Inherited ideas inherited in the rule of law
Emphasised the rights of defended through the principles of the presumption of innocence the defendants right to a fair trial equality before the law and that justice should be seen to be done
Due process can be purified as an obstacle course in that the rights of defendants are emphasised and procedures are in place to ensure the CJS agencies operate to protect the defendants rights.
The protection given to defendants is to ensure the innocent are equitted and the guilty are convicted
•PACE, human rights, CJA, equality act
•free legal aid and pre trial
96
What model do left realists believe in
They belive that economic issues and social inequality is responsible for crime therefore due process as individuals need to be given appropriate representation and fair investigations
97
What model do right realists believe in
Focus on individual rather than society and their personal responsibility therefore crime control as ‘if you can’t do the time don’t do the crime’
Individuals should be accountable and the cja should be streamlined and efficient
98
What model would Lombroso believe in
Criminal behaviour is determined by biological factors so crime controls as society needs to be protected from people with atavistic features so anyone committing a crime needs to be punished asap
99
What model do Marxists believe in
Emphasised the role of class struggles and the exploitation of the working class by the ruling class
CC- selective law inforcement
DP- if your middle or upper class you get lenient sentencing (Lavinia Woodward)
100
What model does the Colin stagg case support
Cc- police had too much power and his rights were violated
DP- judge threw out the case because of honey trap
101
What model does the stephen Lawrence case support
DP- macpherson enquiry into investigation of case which led to changes. Suspects too protected by criminal justice system
Cc- removal of double jeopardy
102
What model does the London riots case support
Cc- harsh sentences to protect the public and to deter other people from comiting a crime
103
What model does the Simon Jenkins case support
DP- fair trial, appealed verdict and was equitted so clearly his rights were protected
Cc- convicted for a crime he didn’t commit (presumed guilt)
104
What is social control
The ways in which people’s thoughts feelings and behaviour are regulated in social systems
Involves forms of pressure to persuade or compel members of society to conform to the rules
105
Control theory
Being able to understand why People are law abiding will enable us to understand why others aren’t (how their situation has differed)
Control theorists believe crime is result of when the individuals bond to society is weak or broken
Belief that humans suffer weaknesses which make them unable to resist temptation to turn to crime
106
Social bond theory overview
Hirshi
There are social bonds with other people that encourage them to Excersise self control and restraint them from committing crime
107
4 social bonds
Attatchment
Commitment
Involvement
Belief
108
Attachment (social bond)
How much do we care about what others think. We may particularly care about what our friends and family’s may think if we commit crimes. Strong social attatchments encourage conformity and weak ones leave people free to engage in deviance
109
Commitment (social bond)
What have we got to lose? If we have a good job comiting a crime puts a lot at risk
110
Involvement (social bond)
Now involved with society are we? If we work and are involved in hobbies would we have time to commit crime. Those with few activities have time and energy for deviance
111
Belief (social bond)
To what extent do we believe obeying the law is the right thing to do. How strong is our moral code. Strong beliefs and respect for authority restrain tendencies towards deviance.
112
Containment theory
Reckless
Realised life contained many temptations to commit crime the individual just break through a combination of outer and inner containment. Inner containment is self control and outer is social control
Main focus was on inner containment and that he suggested could control our behaviour even when environment was changing
Parents were seen as most influential factor on control and behaviour
113
4 factors of containment theory
Self concept
Goal orientation
Frustration tolerance
Norm retention
114
Self concept (containment)
Where the individual has an image of themselves as either the type of person to adhere to the law or break it
115
Goal orientation (containment)
In reference to a person having a sense of direction in life, a purpose, an aspiration towards a goal which is realistic and achievable in a legitimate way
116
Fustration tolerance (containment)
Considers that there must be biophysical desires that urge us towards deviant behaviour that are compounded by society fustrating our success due to different opportunities available to us
117
Norm retention
This is the adherence and acceptance of laws, codes, norms, customs and so on
If an individual doesn’t engage with outer containment then this can result in norm erosion and lead to crime
118
3 forms of Internal social control
Rational ideology
Tradition
Internalisation of social rules and morality
119
3 forms of external social control
Coercion
Fear of punishment
Pressures
120
Internal social control
The thoughts and views we have regarding crime
During our lives we are influenced by people and situations and as a result we develop morals and behaviours that will influence our reaction to crime
It is our conscice that determines whether we abide by the law or not
Developed during socialisation
We conform to the rules because our sense of self respect demands it
121
Rational ideology (internal social control)
When people accept the ruling ideology
People used to be controlled through religious codes
These codes replaced by legal frameworks. Written laws are much more formal and more persuasive
Laws standardise what is acceptable for all members of that society no matter your belief
122
Traditions (internal social control)
A belief or way of acting that people in a particular society have followed for a long time
It may be your own traditions or norms that ensure you conform to the rules. Sometimes religion or culture or upbringing ensures that you don’t break the law
For example Buddhas believe in non violence to all living creatures
123
Internalisation of social rules and morality (internal social control)
People are able to work out for themselves their social values and what is in society and therefore dont commit
For example most of us don’t steal because we have been taught it is wrong
When we conform to rules it’s because our sense of self respect demands it
124
External social control
Includes all external factors that pressure coercive and scare us into conforming they are therefor outside influences that make us follow the rules
How other people or groups control our behaviour
125
Pressure (External social control)
The act of trying to make someone else do something by arguing or persuading
Eg. Teachers may assign detention or students may bully
The most visible form of external social control is organisations who enforce conformity such as the police
126
Coercion (External social control)
The use of force to persuade someone to do something that they are unwilling to do
Ultimate means of social control when all others fail
Physical and non physical coercion
127
Physical coercion
May take the form of bodily injury, imprisonment or death
128
Non-physical coercion
Consists of stroke, boycott and non/cooperation for example students may go on trike to ensure better accommodation. Non-cooperation is refusal to cooperate for example teachers may refuse to cooperate with the management over salaries.
129
Fear of punishment (External social control)
The idea behind this is that the punishment will act as a deterrent to the individual and force them to obey the law.
Individual and general deterrence
130
Individual deterrence
Punishments that imposed on an offender to deter them from offending again like a suspended sentence
131
General deterrence
Fear of punishment will prevent others from committing similar crimes such as lengthy sentences or a large fine that let others see the potential consequences of a crime
132
What is a sentence
The punishment a judge or magistrate decides should be given to someone who had been convicted of a crime. It comes at the end of a prosecution
They will look at the facts of a case and decide the most appropriate sentence. Based on harm done and how blameworthy the offender is
133
S142 criminal justice act defines the purpose of sentencing as
The punishment of offenders, the reduction of crime, the reforms and rehabilitation of offenders, the protection of the public and the making of reparation by offenders to persons afflicted by their offence
134
What is retribution
Idea of punishment and based on the idea a criminal should get their just desserts in that the punishment should fit the crime.
Based on the concept of and eye for an eye
The sentencing council provides guidelines for all main categories of offences which guided judged when sentencing
135
Punishments that meet the and of retribution
The idea of proportionality leads to a tariff system or fixed scale of mandatory penalties
Punishments express societies outrage for a crime
GBH = 5 yrs
Racially motivated GBH= 7yrs
136
Retribution link to criminological theories
Right realists would consider retribution as a fitting punishment
The defendant os being punished which they consider is the most important aim of punishment
There is no consideration of reasons for criminality or prevention of reoffending
137
What is rehabilitation
Reforming offenders so that they are less likely to commit offences in the future
It’s a forward thinking aim with the hope that offenders behaviour will be altered by the penalty imposed
138
Punishments that meet the aim of rehabilitation
Community sentences- probation orders for instance such as unpaid work, training course, treatments for addictions
139
Rehabilitation link to criminological theories
Left realism favour rehabilitation as they regard social factors such as unemployment as causes of crime therefore addressing these needs will help reduce reoffending
140
What is deterrence
The prevention of reoffending intended to ensure the generate doenst reoffend through fear of punishment
141
Punishments that’s meet the aim of deterrence
Prison
Fines
Long sentences as an example to others
142
Deterrence link to criminological theories
Social learning- would suggest that sentences are not deterring individuals from committing further offences. They highlight high reoffending rates and suggest prisons act as universities of crime
143
What is public protection
Main purpose is to protect the public from offenders
CJA 2003- introduced a provision for serious offenders that where the court is on the opinion that the offender is a risk to members of society the court must send them to pen
For less serious sentences the public can be protected, for example dangerous drivers are disqualified
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Punishment that meet the aims of public protection
Prisons
The crime act 1977 introduced mandatory minimum jail sentences for repeat offenders for example automatic life sentence for second serious sexual or violent offences
Tagging, curfew, banning orders
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Public protection link to criminalogical theory
Biological theorists belive criminals are biologically different and it is therefore not possible to rehabilitate them. Lombroso favoured sending them into exile
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What is Reparation
Aimed at compensating the victims of the crime usually by ordering a sum is paid by the offender. Also included reparation to society like unpaid work
Also restorative justice= scheme that bring together offenders and victims to make reparation
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Punishment that meet the aim of reparation
Compensation order- requires the payment of compensation to a victim for any injury loss o damage
Unpaid work to make reparation to society
Restorative justice
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Reparation link to criminological theories
Functionalists- reparation is key as it returns society back to how they were before which is essential for the smooth function of society
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Denunciation
Helps to reinforce the ethical codes
Showing that’s society disapproves of actions
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Punishment that meet aim of denunciation
Prison
Fines
Community sentences
Banning orders
Reparation schemes
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Denunciation link to criminological theory
Functionalist would seen denunciation as a means of achieving social solidarity. Boundaries or acceptability towards crime strengthens social cohesion
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4 forms of punishment
Imprisonment
Community order
Financial penalty
Discharge
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Imprisonment
A custodial sentence refers to a legal penalty imposed by the court that involves the imprisonment of an offender
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Determinate sentence
Held in custody for a fixed amount of time
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Indeterminate sentence
Doesn’t have fixed length of time / no release date
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Short term sentence
Imprisonment for less that 12 months
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Whole life tariff
Never going to be released
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Suspended sentence
Served in community instead of prison.
conditions are set and if broken you’re immediately sent to prison
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How does imprisonment achieve retribution
Offenders are securely detained with a loss of their freedom and liberties. Length of the sentence reflects the crime
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How does imprisonment fail to achieve retribution
Unduly lenient sentences in 2021 106 offenders had their sentences increased as the court agreed they were too low.
42% of victims dint feel that justice has been served
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How does imprisonment achieve rehabilitation
It is hoped prison will make ppl no longer want to commit crime. Rehab can include counselling, therapy and drug treatment programs.
Clink charity provides prisoners with an opportunity to gain new skills in catering.
49.8% less likely to reoffend when entering this program
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How does imprisonment fail
To achieve rehabilitation
42% or adults are reconnected within a year and this is 63% for petty offences
There is a shortage of places on courses that address offending behaviour
OFSTED inspected persons and civilised the quality was extremely poor and 1 out of 22 was reasonable
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Ryan Herbert case study overview
16 when handed a life sentence for murder
His tariff hit cut from 16 years 3 might to 14.5 years as he has made ‘exceptional progress’
A letter from the learning together program says he has taken on a mentoring role
He has since been released
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Usman Khan case study
A convicted terrorist who was lawfully killed on London Bridge in 2019 by armed police after stabbing 2 ppl at a rehab event hosted by learning together
He had previously spent 8 years in and amongst the 70 highest risk offenders in uk
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How does imprisonment achieve deterrence
Fear of punishments- nature of imprisonment serves as punishment that is meant to deter individuals from engaging in crime
Acting as a general deterrent eg long prison sentences in the London riots
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How does imprisonment fail to achieve deterrence
Prison population has risen by 80% in last 30 years and it is projected to rise by a further 7,400 people by 2024
Reoffending rate is 42% within 12 months and 63% for petty offences showing it isn’t a good individual deterrence either
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How does imprisonment achieve public protection
Prisons are designed to securely confine individuals who pose a threat to society
There are currently 67 people under a whole life tariff in prison and a further 4 in secure hospitals who will never be released
The judge sets the minimum time to be served in prison before they’re considered for released
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How does imprisonment achieve public protection
Prisons are designed to securely confine individuals who pose a threat to society
There are currently 67 people in prison on a whole life tariff and a further 4 in secure hospitals
The judge sets the minimum time to be served before they’re considered for release
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How does imprisonment fail to achieve public protection
42% of adults reoffend within one year
Some also argue that prisons can be universities if crime where offenders acquire skills and attitudes that lead to reoffending on release
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London riots case study
70% rate of imprisonment for offenders compared to a normal rate of 2%
One man sentenced to 6 months for stealing 3.50 worth of water
2 wanted to 4 years for using FB to intice a riot that never took place
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Case study Andrew Dawson
Andrew Dawson admitted to 2 murders weeks after moving in to the same building as them. He was on license at the time having previously been given a life sentence in 1982 for a murder
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How does imprisonment achieve reparation
Sentence should be proportionate to the crime and therefore if the sentence is fully served an offender would’ve made reparation to society
Under the prisons earning act 2011 prisoners who are permitted to work outside of prison to prepare for their release can be made to pay a reparation of their earnings towards the cost of victims support
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How does imprisonment fail to achieve reparation
Those sentenced to life imprisonment for murder may not serve their whole sentence. On average these offenders serve 16.5 years before released into community therefore not meeting aim of reparation
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How does imprisonment achieve denunciation
When an offender is sent to prison it can be seen as an act on behalf of society to show they disapprove of the crime
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How does imprisonment fail to achieve reparation
42% of victims don’t feel justice has been served
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Community sentences
Aka a community order is a legal penalty imposed on individuals who have committed a crime but aren’t imprisoned
Instead of prison time they’re required to complete various community based activities and interventions as a way of addressing their behaviour and positively contributing to society
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5 types of community sentences
Unpaid work / community service
Probation
Programs/interventions
Curfew
Electronic monitoring
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Unpaid work/community service
Offenders may be required to perform a specific number of hours of unpaid work or community service such as cleaning public spaces
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Probation and supervision definition
Offenders may be placed under supervision of probation officers who monitor their progress, provide support and ensures compliance with the community sentence requirements
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Programs and interventions
Offenders may be required to attend and complete specific programs aimed at addressing the underlying cause of their behaviour such as substance abuse treatment
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Curfew
In some cases offenders may be subject to a curfew restricting their movements during specific hours to enhance community safety
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Electronic monitoring
Offenders may be required to wear electronic monitoring devices to track their whereabouts and ensure compliance with any curfew or movement restrictions
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How does community orders achieve retribution
40-300 hrs of unpaid work which may include treatment programmes, curfew, electronic monitoring and supervision
Those doing unpaid work have to wear high vis vests with community payback on the back. The public naming and shaming this involves may act as a form of retribution
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How does community orders fail to achieve retribution
Seen as a soft option night failure to attend and likened to a holiday camp therefore may not always satisfy the retributive desire for punishment
3 offenders in West Yorkshire stopped their gardening community service at a retirement home to buy and drink beer
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Wayne Rooney case study
Completed 100 hrs of unpaid work after admitting being nearly three times over the limit when stopped by police. He completed it at a garden centre and said that he ‘really enjoyed it’ and it’s a ‘refreshing place to go and it’s relaxing ‘
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How does community orders achieve rehabilitation
Prison reform trust summer 2023 suggests those who serve a prison sentence have a 7% higher reoffending rate than similar offences serving community orders. Therefore showing community sentences have better rehabilitative value
Aims to tackle reasons for committing like drug addiction treatment
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How does community orders fail to achieve rehabilitation
Community sentences may have little rehabilitation value in 2023 as 56% of adults given a community sentence reigned within a year
3/4 of offenders sent to prison have at least 1 previous community sentece
30% of offenders are in breach of the cindidtions of community orders
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How does community orders achieve deterrence
Those doing unpaid work wear HV vests with community payback on the back. The public naming and shaming may act as a form of general deterrence
Failure to complete or engage with your order can lead to further punishment such as fines or imprisonment acting as an individual deterrent to scare offenders away from further punishment
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How does community orders fail to achieve deterrence
Community sentences may have little individual deterrent value in 2023 as 56% of adults given a community sentence reoffend within a year
3/4 of offenders sent to prison have at least 1 previous community sentece
30% of offenders are in breach of the cindidtions of community orders
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How does a community order achieve public protection
Offenders may be required to complete treatment programs to tackle the cause of offending
Restrictions such as curfews to prevent burglaries.
They don’t lock up offenders but breaches can lead to return to prison
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How does a community order fail to achieve public protection
Community sentences may offer little protection as in 2023 56% of adults given a community sentence go on to offend within 1 year and 3/4 offenders sent to prison have at least 1
Previous community order
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How does a community order achieve reparation
Reparation may be achieved by community payback (unpaid work for 40-300 hours such as removing graffiti or unpaid work to repair the damage an offender may have caused
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How does a community order fail to achieve reparation
Over 5,500 unpaid work orders not completed after 2 years in England and wales.
Furthermore in jan-march 2021it was recorded that only 41.8% of required unpaid work was completed 30% of offenders are in breach of the conditions
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How does a community order achieve denunciation
When an offender is serving a community sentence it can be seen as an act on behalf of society to show they disapprove
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How does a community order fail to achieve denunciation
Over 5,500 unpaid work orders not completed after 2 years in England and wales.
Furthermore in jan-march 2021it was recorded that only 41.8% of required unpaid work was completed 30% of offenders are in breach of the conditions
Denunciation is being undermined and weakened
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What is a financial penalty
A monetary punishment imposed on an individual who has been convicted of a crime
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3 types of financial punishment
Fines
Compensation
Asset forfeiture
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Fine definition
Most common type of financial punishment given for lower level crimes
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Compensation
If someone is convicted of a crime against you the court may order them to pay you compensation
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Asset forfeiture
Makes sure that crimes does not pay by seizing and confiscating assets aquired by individuals as a result of crimes
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How do financial penalties achieve retribution
Financial penalties can be tailored to the severity of the offence allowing for a proportional response, ensuring the offender receives their just desserts
Economic loss- imposing financial penalties can have a direct impact on an offenders economic well-being This is intended to be a form of retribution
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How do financial penalties fail to achieve retribution
Courts are owed more than £1.56 billion in unpaid fines according to ministry of justice
61% of fines are either written off or remain uncollected
Such figures suggest fines aren’t effective
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How do financial penalties fail to achieve rehabilitation
Fines are used for many offences such as speeding, possession of drugs in routine way with no intention to reform the offender or adress the root cause of crime
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How do financial penalties achieve deterrence
According to right realists potential offender weigh the costs and benefits of committing a crime so general deterrence may be achieved through a fine
Escalating consequences - when a he requirements of financial penalties are not met the courts are able to increase sentencing which should create individual deterrence
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How do financial penalties fail to achieve deterrence
Courts are owed more than £1.56 billion in unpaid fines according to ministry of justice
61% of fines are either written off or remain uncollected
Such figures suggest fines aren’t effective
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How do financial penalties achieve public protection
One of the main purpose of a fine is to provide deterrance
General deterrance may be achieve for example people don’t speed as they don’t want a fine. Due to this the public is protected
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How do financial penalties fail to achieve public protection
Some offenders see fines as an operating cost as it can be cheaper to pay fines than to make a necessary change therefore not protecting the public
Fail to provide and form of incapacitation. The vast majority of offenders given fines will retain the freedom and continue to live in society meaning they’re still capable of further offences
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How do financial penalties achieve reparation
Compensation - requires the offender to pay a specific amount of money to the victims to cover the losses they suffered aiming to restore the victim to the position they were in before the crime
The money collected from financial penalties are usually put towards improving the CJS or community such as speeding fines for bike ability
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How do financial penalties fail to achieve reparation
Courts are owed more than £1.56 billion in unpaid fines according to ministry of justice
61% of fines are either written off or remain uncollected
Such figures suggest fines aren’t effective
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How do financial penalties achieve denunciation
When an offender receives a fine it can be seen as an act on behalf of society to show they disapprove of the crime
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How do financial penalties fail to achieve denunciation
Undermined and weakened Courts are owed more than £1.56 billion in unpaid fines according to ministry of justice
61% of fines are either written off or remain uncollected
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Discharge
Refers to a specific type of sentence known as an absolute discharge or a conditional discharge. This is it a punitive sentence like imprisonment or fines but rather a way to deal with them without a traditional punishment
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Absolute discharge
Offender found guilty but courts decided not to impose any punishment. This type of discharge typically used in cases where the court believes the offender was minor and the process of prosecution was enough punishment
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Conditional discharge
Where the offender found guilty but the courts impose certain conditions the individual must adhere to like attending counselling. If they comply hey will not face any additional punishment
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How does discharge meet retribution
Experience of going to court is seen as punishment in itself. They will also remain on remand for 3 years
Shows there is a form of punishment for even the most minor crimes
A conditional discharge can be combined with an order of disqualification, compensation or court costs
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How does discharge fail to meet retribution
An absolute discharge can be seen as a left off with no punishment being imposed.
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How does discharge fail to meet rehabilitation
Given for very minor offences such as thefts with no intention to reform the offender
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How does discharge meet deterrance
Conditional- if further reoffending takes place the courts can give an alternate sentence for the original crime
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How does discharge fail to meet deterrance
Those offenders who are resistant to the system are unlikely to be deterred by a discharge
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How does discharge meet public protection
Threat of an alternate sentence may recent reoffending and hence the public will be protected from further offences being committed
A conditional discharge can be combined with an order for disqualification to add further public protection
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How does discharge fail to meet public protection
The person is free to commit further crimes tho this may be mediated by the threat of prison
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How does discharge meet reparation
Offender is free to carry on working and therefore able to pay o to tax system do provide some reparation to society
A conditional discharge may require the offender to pay compensation
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How does discharge fail to meet reparation
An absolute discharge could be seen as a let off and ppl argue they should be punished to make Amends
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How does discharge fail to meet denunciation
If an offender is given an absolute discharge it may big help to reinforce the moral and ethical codes
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How does discharge meet denunciation
Experience of going to court may reinforce that society disapproves of crimes and may reinforce the moral and ethical codes or boundary maintained
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Funding of CPS
CPS is governed g funded with the majority of its budget being approved by parliament. The 21-22 budget being £663 million. Additionally the CPD receive criminal assets through its confiscation, restraint and enforcement activities
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Philosophy of CPS
Independent and fair
Honest and open
Treat everyone with respect
Behave professionally and strive for excellence
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Working practices of CPS
Head of CPS is director of public prosecutions atm it’s Stephen Parkinson. There is a code of practice used to help decide if a prosecution should take place (full code)
Evidential- is there sufficient evidence? Realistic prospect of conviction? Reliable and credible?
PI test- circumstances and harm causes to victim, age, impact on community
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Types of criminality and offenders dealt with by CPS
Central casework division of CPS deal with complex cases including international justice and organised crime; special crime; terrorism; and complex fraud
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Reach of CPS
14 geographical areas across EW
CPS direct is 15th virtual area
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Police funding
In EW the main douse of source income for the 43 police forces is central government grant made available their the annual Home office police grant report. Some of their income is also raised through tax
Extra pay at events aswell
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Police philosophy
Prevent crime and disorder
Police ability to perform their duties depends on the publics co-operation and approval
Use of physical force is last resort
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Police working practices
Work alongside communities liasing with community groups and individuals. Conduct patrol duties. Develop community knowledge
Responds to call out requests
Interview suspects victims and present case files to senior officers and the CPS
Attend and give evidence in court
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Types of criminality and offenders police deal with
Branches of police that cover a wide range of functions
Anti terror
Covert ops
Firearms
Drugs
Total protection
Dog handlers
Mounted
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Reach of police
45 police forces in uk 39 in Eng 4 in Wales
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Police and Crime Comissioner (PCC)
Regionally elected
According to Website of the association police and crime commissioner they are the voice of the people and hold the police to account with an aim to cut crime
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PCSOs
Work on front like providing a visible and reassuring presence in the streets and tackling antisocial behaviour.
Also special constables who are trained free volunteers possessing the full range of police powers. They aren’t paid but are entitled to claim responsibility express income
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Judiciary aims and objectives
System is adversial meaning butch teams run their cases and judge acts as a referee. The judge has to ensure the jury understand the evidence and issues. The judge will deal with any points of law that’s have to be declared and advise the jury on how to apply it. The judges ensures a fair trial and it is human rights complaint.
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Judiciary funding
Salaries are declared following the recommendations of SSRB
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Philosophy of judiciary
A judge must be loyal to the ruling monarch as there the figurehead of the legal system and in whose name justice is carried out, and law and order is maintained. In addition a judge promises to apply the law equally to every person through 2 oaths
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Types of criminality and offenders dealt with by judiciary
S- cases of the greatest constitutional importance affects whole population
A- appeals against crown court
C- indictable offences and triable either way
M- triable either way and summary
Y-10-17 year olds
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Reach of judiciary
Around 90 crown Courts around Tehe country
Supreme is nationwide
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Prison service funding
Funds raised through taxation.
21-22 uk spent £5.62 billion
Study by uni of Lausanne tax payers pay most for prions in Europe
Average annual cost of a prison place is £48,162
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Category A prison
High risk/max security eg Frankland
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Category B prison
High risk to others eg Nottingham, Pentonville
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Category C prison
Lower risk but not trusted to be in open conditions eg Dartmoor
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Category D prison
Very low risk. May have served a long sentce and due to be released soon eg Kirkham
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NPS funding
Funded by MOJ via tax
20/21 funding was £1.1 billion for probation
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Types of criminality and offenders dealt with by NPS
Probation officers deal with high risk
Probation service officers deal with med and low risk
200,000 offenders at once
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NPS reach
12 regions in EW each overseen by a regional probation director
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Howard league for penal reform
Est 1866
Aims for less crimes, safer communities and fewer ppl in prison
Work w parliament and public to attain these aims
Funded by donations and subscriptions
Ran books for prisons which won an award in 2015
And a campaign to reduce criminalisation of kids resulting in a 58% fall in arrests
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Prison reform trust
Est 1891
Aims to create a just,humane and effective prison system by
•Reducing unnecessary imprisonment and promote community solutions
•improve treatment and conditions for prisoners and families
•promote equality and human rights in JS
Provides advice to prisoners and their families and they organise lectures and conference
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CPTED overview
C. Ray Jeffery
Based on the idea that crime results partly from the opportunities presented by the physical environment. Therefore to reduce crime we charge the immediate environment to reduce opportunities.
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CPTED 5 principles
Physical security : the measures which are used on individual swellings to ensure they withstand attacks
Surveillance: design ensuring that residents are able observe the areas surrounding their home.
Movement control: the restriction of access and through movement
Management and maintainence: the process are in place to ensure a development is free from signs of disorder.
Defensible space: the ownership of space in a neighbourhood should be clearly defined.
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Damilola Taylor (CPTED)
Died in a stairwell. Had low visibility easy access and escape
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Birmingham bullring market
Incidents of pick pocketing were increasing during 80s
The design of the market encouraged thefts (poor lighting and limited space between stalls)
Thefts reduced considerably when new lighting was installed
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Strengths of CPTED
Promoted a sense of owenership (boundary maintaince)
Research suggests crime rates in cities with high rise blocks are higher than those with low level buildings
12% decline in Ohio
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Weaknesses of CPTED
Demonises working class cos focuses on street crime (Marxism)
Suggests crime happens in hidden places when this isn’t the case
Crime only being displaced to another area
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4 prison designs
Panopticon
Supermax
Human ecological
Open
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Panopticon prison design
All seeing shape- allows for observer to view all aspects of prison. Prisoners can be seen but cannot communicate with prison officers or other prisoners
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Foucault surveillance theory
argues that in todays society self surveillance has become an important way of achieving social control. We know we might be watched do we modify our behaviour to avoid punishments
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Panopticon design example
Pentonville
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Supermax prisons
These are most secure levels of custody
Provide long term segregated housing for prisoners who represent the highest security risks
Florence Colorado holds 360 inmates in ultra high security
Costs 2 or 3 times more to build
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Open prisons
Minimum restrictions on proper movements and activities.
Classed as category D prisons. Generally used to prepare inmates for release
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Human ecological prison
Based on making use of human ecology as a method of teaching individuals to discover that they are part of a global community
For example Bastoy prison Norway is run under HE values and understanding.
This approach produces little reoffending rates of 20%. Compared to 60 in UK
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Gated Lanes
Linking to defensible space, these are gates that are installed at the entrance to rear alleyways in order to deter burglars or other criminals from using them.
Government regulations came into force on April 1 2006 giving local authorities power to erect gates on public highways to combat crime
Examples in Glasgow and Cardiff reducing crime and rubbish
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Strengths of gated lanes
Sidebottom (43 studies found gated lanes reduced burglary)
Provide physical barrier
Helps broken window theory
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Weaknesses of gated lanes
Costs around 4,000
Displace crime onto other areas
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ASBO
Tactics used by agencies to change a persons behaviour to make them more socially compliant. ASBOs introduced in 1998 ti limit and correct low level anti social behaviour
56% of ASBOs were breached in 2009
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CBO
replaced ASBOs
Under the ABCPA act a person who has been convicted would be banned from taking part in certain activities or going to certain places, and would be required to try changing their behaviour
A breach could see up to 5 years in prison
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Strengths of CBO/ASBO
Helps deal with public concern in the issue of having a safer community
If a CBO is breached this would result in a further conviction. A court could impose a maximum of 5 years
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Weaknesses of ASBO/CBO
Many critics suggest a persistent offender viewed them as desirable
It could be argued that the use of CBO further label offenders leading to self fulfilling prophecy
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Token economies
Based on behaviour modification
Use operant conditioning to direct behaviour
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Strengths of token economies
Effective in increasing positive behaviour in some prisons eg attacks on officers dropped by 80%
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Weaknesses
Fo devised a buddy system in which adults were assigned to a young offenders to proved consistent reinforcement impacted serious offenders but not low level
Not applicable beyond institution
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I’m venture and Earned privileged system 1995
Promoted conforming behaviour through rational choice and enables ppl to earn benefits in exchange for responsible behaviour
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4 levels of incentive
Basic - can only have certain things that the law says they must have
Entry
Standard- may be allowed more visits and a TV
Enhanced - have extra things like own clothes
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How often are incentive reviewed
Basic level reviewed after first 7 days and then at least every 28 days after that
Standard reviewed at least once a year
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Gaps in state prisons
The police can only detect crimes if it is brought to their attention. If they are unaware it can never be punished
It’s estimated unreported crime can account for a large percentage of crime even larger than the percentage reported to the police
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Reason for Gaps in state prisons
Budget cuts
One set of laws preventing others for example a number of foreign terrorists have used the human rights act to remain in the UK
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Recidivism def
Prisoners relapsing into offending
282
Civil liberties and legal barriers def
Laws that can be seen as preventing social control
283
Acsess to resources and support def
Lack of funding in many agencies can reduce the effectiveness of social control
284
Finance def
A lack of funding can reduce the effectiveness of social control
285
Local and national policies
A focus of policies being enforced in one area may result in a lack of prioritising in another
286
Environment def
The env In which an offender lives may not encourage social control
287
Crime committed by those with moral imperatives
Offenders may commit crimes as they belive it is the correct and moral way to behave
288
How many recalls to prison in 2023
12,061 (13% higher than previous year
289
Examples of civil liberties and legal barriers
Freedom of speech and movement
Can limit social control as ppl have freedom for instance foreign nationals with criminal convictions cannot be removed from UK due to EU regulations
290
Abu Qatada cass
In 2012 the ECHR ruled that the hate preacher couldn’t be deported to Jordan cos of the risk he would be tried on evidence obtained by torture
Theresa May said he would’ve been deported a long time ago had the ECHR not moved the goalposts
291
Access to resources and support stats
48% of people released between 22-23 had settled accommodation on release. Around 11% were homeless
292
Prisoner apprenticehip pathway
PAP - launched in August 2023 works to identify ppl who are within 3 months of release and may be suitable for an apprenticeship when they get out
293
23-24 police budget
£17.2 billion
294
Police budget falling stats
Funding fallen by 19% between 2010-18
Led to a fall of 20,000 police officers
295
Oscar Newman
Indefensible and defensible spaces
55% of crime in NY were committed in public spaces as they felt no connection me Owned these areas
296
Defensible spaces
An area with clear boundaries so it’s obvious who has the right to be there
Low rates because of
-territoriality
-natural surveillance
-safe image
-safe location
297
Indefensible spaces
Where crime is more likely to occur in what he calls confused areas of public spaces such as anonymous walkways and stairwells. Belong to no one and observed by no one
298
CPTED
Prevention theory that’s focused on tactical use of the built environment. When used effectively reduces crime and fear of crime
Remove opportunities for crime to occur in an environment and promote positive interaction
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CPTED elements
Natural surviellance
Natural access control
Territorial reinforcement
Maintenance
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Natural surveillance
Criminals don’t like to be seen or recognised
Natural surveillance involved
•keeping areas well lit
•Eliminating hiding/blind spots
•CCTV
301
Natural access control
Deny criminals sense of control by clearly marking approaches to a property
Maze entrances in banks cut off straight line access
Curbing and landscaping direct automobile and foot traffic into a controlled visible area. Also prevent access to an area
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Territorial reinforcements
Creates a clear distinction between public and private property. Legitimate occupants have a sense of ownership and will notice and challenge people who don’t belong
Making sure receptionists have clear sight lines and ability to call for help
Visitor badge system
Security signage
303
Maintenance
Broken window theory
Target hardening- making a building more difficult to forcibly enter (plate glass)
304
Alice Coleman
Adopted Newman approach to UK. Poor design of many blocks of flats and said anonymity, lack of surveillance and easy escapes encourages crimes
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Gated lanes
Gates installed to prevent access to alleyways
Can prevent burglary, littering and antisocial behaviour
Physical barrier and sense of ownership
306
Prison design (ED)
Panopticon
Allow observer to view all prisoner. But cannot see eachother. Unaware of they’re being watched so behave, self surveillance
307
Ultra high security prison
(Supermax)
Florence, Colorado holds 360
308
Cost to make Berwyn prison Wrexham
£250 million
309
Behavioural tactics
Agencies try to change individuals social behaviours to make them conform to social rules
•ASBO/CBO
•Token economy
310
ASBO
Civil orders make against someone who has engaged in antisocial behaviour in the Uk
Many critics suggested they became desirable to certain people as a badge of respect among peers
311
Lack of employment and housing for prisoners
1/4 prosuiners have a job to go to after release
1 in 9 have a stable place to stay
