Unit 4 Flashcards
what is parliament made up of
- house of commons
- house of lords
- monarch
what is the house of commons
made up of mps voted in by the public from their constituency
what is the house of lords
contains heredity peers whose families are born lords as well as individuals who have been appointed lords
what is the monarch
the queen/king who is head of state in the uk. all bills have to get approval from the monarch before being passed as a law
what does the creation of a new law start with
- green paper
- white paper
what is a green paper
allows public consultation on a potential new law to be discussed
what is white paper
after consultation a white paper is created with formal proposals. this allows a draft act to be created and presented to parliament.
what is judicial precedent
- law made by judges in courts. when a case appears before them they must make a judgement and this forms the law. it must be be followed in similar cases in future.
- this is called common law that is judge made law
- there is a court hierachy system and lower courts must abide by the decisions and rules made by higher courts
what is statutory interpretation
this is where judges in superior courts are called upon to interpret words and phrases within a law. they have the ability to interpret the meaning of the law and make a verdict on the case
what is the order of government processes (6)
-first reading
- second reading
- commitee stage
- report stage
- third reading
- royal assent
what is the first reading
name of the bill and main aims read out. formal vote taken
what is the second reading
main debate of the bill followed by another vote
what is the commitee stage
a group of representatives look at the bill to address any issues and suggest possible changes
what is the report stage
commitee report back to house who then vote on any proposed amendments
what is the third reading
final vote on the bill takes place
what is royal assent
the monarch signs the bill. she cannot refuse as it is now only a symbolic stage as the head of state
what do the police do
- work with courts to ensure defendants, in custody are brought before them
- give evidence in court
- work with probation in managing an offender nearing release
- work closely with the cps in trying to charge and prosecute offenders
what do the crown prosecution do
- advise the police on charging a suspect
- work with the police to check evidence collated and if there is enough evidence to charge a suspect
- appear in courts to conduct the advocacy of a case
what is the ministry of justice
- oversea the work of courts
- oversea the work of probation services
- oversea the prison systems
- deal with legislation and guidelines for working in different organizations of the cjs
what does the prison service do
- work with probation services when a prisoner is to be released
- lawyers may ask for prison visits to have legal consultations with client
- Defendants denied bail by courts and police are remanded to prison
- judge and courts decide prison term for offenders
What do the courts/sentencing council do
- contributes to law creation through judicial precedent and statutory interpretation
- liaise with police and prisons to ensure the safe delivery of prisoners to courts
- arrange video links if a prisoner cannot attend court
- prisoners held in court cells pending their court hearing and return to prison
What do the probation service do
- arrest a prisoner recalled to prison whilst on probation
- liaise with police should there be any issues whilst a person is on probation
- work with other charity organisations to help prisoners leave prison successfully and have support
What is Law creation
Criminal law is made in parliament
How police enforce law
Police enforce law by investigating criminal activity. They arrest, detain and interview suspects
How cps links with police
Cps will advise the police on the appropriate charge
What happens in the court process
- suspect brought before court
- Defendant released on bail or remanded into custody
- a guilty plea result in a trial , this includes judge and jury
What happens if defendant is found guilty
- If convicted, formal punishment is given by the judge. Sentencing council provides guideline and may possibly be sent to prison
- prison services will then oversee welfare of prisoner and enforces punishment
What happens following release from prison
When released a prisoner is usually on licence and supervised by the probation service
What is the crime control model
- seek to deal with criminal cases quickly and efficiently, seeking a conviction at any cost
- aim is to punish criminals and stop them committing further crimes
- focus on zero tolerance approach, links to right realism theory
- focus on protecting the rights of victims rather than the defendant
- argue police should have enhanced powers to ensure a conviction
- doesn’t address the causes of crime or that crime can be deterred through detection and conviction
Areas of law in which the crime control model accomplishes
- introduction of bad character evidence and previous convictions
- removal of the double jeopardy rule for murder and other serious offences
- extended pre-charge detention time for terrorist activities
- example of a case = Colin stagg
What is the due process model (obstacle course)
- opposite of the crime control. Focuses on innocent until proven guilty
- printed fairness and protecting the defendants legal rights
- argues that police powers should be limited to prevent oppression of the individual
- argues the justice system should safeguard and individuals rights to avoid miscarriages of justice
- an investigation should be thorough to ensure a correct verdict can be reached
- relates to the left realism approach
What are the areas of law in which the due process model has accomplished
- all interviews being recorded and suspects having the right to legal representation
- police having procedural safeguards they must follow through the PACE act , 1984
- examples of cases : Thompson and venables (James bulgar killers)
What are the internal forms of social control (3)
- internalisation of social rules
- rational ideology
- tradition
What are the external forms of social control (2)
- coercion
- fear of punishment = individual deterrence , general deterrence
What is control theory (reckless)
Tried to explain why people do not commit crimes. Support the view that people require nurturing in order to develop attachments that are key in producing internal controls e.g your conscience. Crime is caused by a lack of bonds
What is rational ideology
An idea to achieve social control. Your conscience guides you to follow law and rules due to experiencing feelings of guilt, anxiety or worry from within
What is internalisation of social rules
When a person agrees and believes in social norms and therefore internalise them and follows them. A societal norm is to not commit crime; therefore, most people internalise this and behave accordingly
What is tradition
Conforming to social norms and rules through a persons traditions and upbringing teaching you and re-enforcing you to not break the law
What is coercion
Can be physically or non violent. Examples are : imprisonment, bodily injury , strikes and boycotts. Prisons use this with the threat of loss of liberty
What is fear of punishment
Using punishment as a deterrent to stop people from offending
What is individual deterrence
Punishment on offenders to prevent/ deter them from committing further crimes
What is general deterrence
Fear of punishment that prevents others from committing similar crimes e.g the death penalty, lengthy prison sentences
what are the strengths of the police
effective at working in the community to prevent crime and keep the public safe. they also issue notices and have specialist teams to deal with specific issues.
what is retribution
- based on the idea an offender needs to be punished
- does not seek to alter future behaviour of the offender, only to inflict a punishment for the crime
- aims to provide an adequate level of justice to the victims of the offenders crimes
- contains an element of revenge, whereby the victims and society are avenged for the wrong done by the individual
what are the limitations of the police
- police have been labelled institutionally racist by the media following the Stephen Lawrence case
- police closed almost half of offences with no suspect identified. this suggests a lack of effectiveness of social control.
- police believe crime is on the increase through statistics i.e. 205 increase in gun and knife crime , however statistics have to be used cautiously due to validity issues.
what is deterrence
- aim of individual deterrence is to ensure an offender does not reoffend
- a suspended sentence is an example of individual deterrence as imprisonment will occur if further crimes are committed. this is hoped will prevent future offending
- however, recidivism rates would suggest than many prisoners are not deterred from committing crimes as reoffending rate is nearly 50% within a year of release
-aims of general deterrence is to prevent potential offenders from committing a crime. however, often the impact of a sentence with a deterrent element is weakened by it relating to someone else
what are the strengths of the CPS
its an independent agency in charging and prosecuting individuals. it is a fair agency that allows a due process model of justice to occur.
what are the limitations of the CPS
- occasions when the CPS has failed to bring about social control due to funding problems and the amount of bureaucratic ‘red tape’.
- there has a times been a lack of effort to take formal action against known offender e.g. Abu Hamza
what are the limitations of judiciary
-suggested lack of effectiveness of the judiciary due tot he increased number of appeals following lenient sentences by judges / courts.
-the media portrays judges as being out of touch with real society so cannot apply relevant knowledge to a case and subsequent suitable verdict.
- judges have at times made inappropriate comments during trials, leading to sentences thought to be unsuitable given the circumstances. for example : judges lets off a thief and commands his ‘enterprise’ or a model caught stealing from Harrods is spared jail after judges praised her ‘talents’.
what is rehabilitation
- aim is to reform offenders and reintroduce them to society
- presumes criminal behaviour is due to free will and choice. believe criminals can change their behaviour.
- rehabilitation can be seen in community sentences and probation orders
what are the limitations of the prison service
- many statistics show that the prisoner service is limited in achieving social control i.e. prisons have a poor record for reducing reoffending.
-within prisons’, there are questions over social control due to the rising numbers of prisoners’ disturbances. riots are becoming more common within the UK prison system. - drug use and their availability is increasing inside prisons, again suggesting a lack of social control.
- assaults on prison staff by prisoners’ are rising.
what is public protection
- punishment must serve the purpose of protecting society from dangerous criminals
- through incapacitation, an offender is prevented from having their freedom
- examples of punishments can include long prisomn sentences and electronic tagging which aim to punish individuals and protect the public from serious criminals
what is repatriation
- often involves compensating the victim of a crime by ordering the offender to pay a sum of money to the victim
- also aims to ensure offenders pay back and repatriate society by completing unpaid community work
- restorative justice schemes also created whereby offenders and victims meet. offenders can make direct repatriation through writing letters of apology, repairing any damage caused and explaining the event/reasons for the crime face to face
what are the strengths of the probation service
in certain areas, probation has been shown to be a good quality with strong leadership.
what are the strengths of imprisonment
- long sentences include life sentences achieve the aim of protecting society
- anyone who has a sentence less than 2 years is released on license, having to conform to bail conditions and supervisions. this helps the aim of rehabilitation to be achieved and hopefully stop reoffending occurring.
what are the limitations of the probation service
- reports suggest probation staff spend too much time and focus on paperwork and targets at the expense of prisoners.
- too many prisoners have been released with out knowing where they would sleep that night.
- lack of mentors for offenders released from prisons and risk assessment not always being carried out adequately.
what are the strengths of charities and pressure groups
- champion many campaigns to work towards an effective penal system.
- many campaigns designed and [promoting topics on mental health and vulnerable individuals.
- work with other agencies of society such as police and the NHS on campaigns.
what are the limitations of imprisonment
- has been an increase in the number of people recalled to custody. numbers have increased by nearly 1000 people
- the high rates of reoffending and high numbers of those being recalled to prison could show that prisons do not rehabilitate individuals
what are the limitations of charities and pressure groups
effectiveness can be limited by only being able to put pressure on governments, they cannot force them to take action.
what are the limitations of recidivism in achieving social control
- if offenders fail to rehabilitate and continue to commit crime then social control will never be achieved.
- recidivism is one of the main reasons why the prison population has increased over the past 20 years.
- recidivism rates and recalls to prison have increased over recent years with nearly 50% of those convicted returning to prison within a year.
strengths of fines
- main purpose is to provide detterence and punishment for the offender. financial punishment given through payment of fine
- fines can be escalated if not paid. possible prison time can be given for non-payment fines
what are the limitations of civil liberties and Legal barriers in achieving social control
- basic rights and freedom granted to citizens of a country.
- these include: freedom of speech, movement, religious worship etc.
- these can limit social control as they restrict police from achieving social control i.e. foreign nationals with criminal convictions who cannot be removed from the UK due to prisons being in danger in their own country.
limitations of fines
- many fines are written off (61%) if the offender cannot be traced and there is no realistic chance of collection
- due to figures, fines are not an effective method of achieving retribution or deterrence. furthermore, the threat of prison for failing to pay does not seem to have an impact
strengths of community sentences
- combines the aims of punishment’s and repatriation with individuals being punished by working unpaid and also paying/giving back to society
- community sentences are nearly 9% more effective at reducing one year reoffending rates compared to imprisonment
what are the limitations of access to resources and support in achieving social control
- limit prisoners from being able to rehabilitate and therefore limit success of social control.
- prisoner face problems with finance, accommodation and employment once released form prison.
- lack of support / resources may mean prisoners are tempted to return to crime in order to survive.
what are the limitations of finance in achieving social control
- funding is limited and budget cuts have impacted the effectiveness of agencies in achieving social control.
- this then leads to a shortage of police officers on the streets, a lack of prison staff and specialist teams.
- this impacts the experience of prisoners by having less ‘free time’ more time in cells and higher rates of suicide / mental health issues
what are the strengths of discharges
- can be either conditional or absolute. conditional discharge is used frequently for the first time minor offences. aims to stop reoffending and deterrence by having the cavate that if reoffending occurs, a more severe punishment can be can be given
- absolute discharge is rare but is when no penalty is imposed. its the lowest level of punishment. a court believes the process and experience of being arrested, court etc is enough deterrence to ensure no further crimes are committed
what are the limitations of discharges
- this would not work for those who do not respect the system as they would likely be back in court for reoffending
what are the limitations of local and national policies in achieving social control
- local police forces priorities certain crimes over other depending on the scale of the problem in that area. this can mean some crimes are not investigated.
-national government policies focus on certain crimes at times i.e. knife crime, gang related crimes. - can lead police to focus on certain crimes over others, leading to unreliable crime data.
what are the limitations of the environment in achieving social control
- when prisoners are released their home environment can have a large impact on whether or not they stay out of prison.
- if an offender returns to the same environment with limited opportunities for social mobility and with criminal friends then it is likely an offender could return to prison
- if an offender moves to a new environment, they have more opportunities
how can crime committed by those with moral imperatives limit achieving social control
- a moral imperative is a strongly felt principle that compel a person to act.
- offender can commit crime as they believe they are doing the right thing from a moral point of view.
- assisted suicide is an example of a crime that could be argued has been committed with a compassionate motive.
- when this happens, social control is limited as a person moral compass surpasses rules of social control.
how environmental design contributes to achieving social control
- involves with a neighborhood looks like and how it is designed to lower crime in the area
- CPTED - based on the idea that crime happens due to the opportunities presented by the physical environment , if you alter the environment, crime could decrease.
- crime can be reduced by; creating open spaces with strong lighting, no blind spots, low level bushes, CCTV and surveillance.
- gated lanes - gates installed at the entrance to rear alleyways in order to deter burglars from using alleys to gain entry to a property
how prison design contributes to achieving social control
- traditional prison design is the panopticon design (all seeing)
- allows the observer to view all prisoners’ without the prisoner being aware they are being watched.
- prisoners’ can be seen but cannot communicate with other prisoner / police officers.
- other prison designs include supermax jails where people are segregated by the crime they committed and their risk factor.
- new UK prisons have accommodation divided into smaller units for easier management of inmates.
- Norway has designs that are like ‘holiday camps’ where prisoner live in houses with mostly free movement around the vicinity.
how behavioral tactics contributes to achieving social control
- tactics used by agencies to change a persons behavior to make them more socially compliant.
- ASBOs were introduced to limit and correct low level ant-social behavior.
- CBOs are now used against anti-social offenders who have committed behavior that has caused alarm and distress.
- if you have one of these orders, you would be banned from taking part in certain activities / going to certain places and have to try to change the behavior through treatment programs.
- token economies are used to control behavior by rewarding positive behavior and punishing negative behavior. prisons use this often through rewards and sanctions for positive and negative behavior
how institutional tactics contributes to achieving social control
- institutions gave their own methods of controlling undesired behavior through rules and punishment if these rules are broken.
- in prisons, you would not be following the rules if you; caused damage to the prison, ignored the instructions of prison staff or threatened / attacked someone else.
- in these situations, punishment’s are given such as cautions, privilege’s being taken away, extended prison time and being confined in your cell.
how gaps in state provision limits achieving social control
- unreported crime: police can only detect crime if it is brought to their attention and reported this is why their is the ‘dark figure of crime’.
- if no crime is reported, punishment cannot be sought after and therefore criminality can continue.
- example of crimes with low reporting rates include, domestic violence and white collar crime.
- budget cuts to the police can negatively impact convictions due to a lack of police officers on the ground and having to many cases to deal with effectively.
- laws being implemented than can impact other laws impact i.e. terrorist being unable to be deported due to human rights legislation.
the role of the police in social control
- aim to arrest, detain, search and interview suspects.
- funding and main income comes from central government. some income is also raised through council tax.
- working duties include responding to emergency / non-emergency calls, general beat duties. specialist teams deal with more specialized areas of crime including anti terrorism, firearm teams and dog handler teams.
- PCSOs work on the front line dealing with anti-social behavior.
- special constables are trained volunteers who provide additional policing support.
- police and crime commissioners regionally elected who hold the police to account and aim to cut crime within their regions.
the role of the CPS in social control
- must decide which cases should be prosecuted, determine the charge in serious and complex cases and advise the police.
- have the aim of preparing cases and presenting them at court as well as provide information and support to victims / prosecution witnesses.
- funding comes from parliament. CPS also gains funding through recovering criminal assets.
- CPS consists of 13 geographical areas across England and Wales. CPS direct is available 24/7 with charging advice.
- a code of practice is used to help decide if a prosecution should take place. evidential and public interest test must be satisfied for a prosecution to take place.
the role of judiciary in social control
- judiciary divided into superior and inferior judges. role of a judge is to make decisions about the law through interpretation, apply the law and manage a trial.
- at the end of a trial, they will sum up the evidence for the jury and pass a sentence if appropriate.
- funding is decided by the salaries review board (SSRB) who provide independent advice to the rime minister and government officials.
- working practices include having responsibility for decisions regarding freedom, having to take two oaths to ensure they work independently from government influences and are fair and consistent.
the role of the prison service in social control
- aim to keep those sentence to prison in custody and help them lead law-abiding, useful lives whilst in prison. work with police, councils and charities to do this.
- funding comes form government through taxation.
- most prisons are public sector and run by government. however, there are 14 private prisons run by private security companies.
- prisons divided into 4 levels: category A- category D. category A is high risk, maximum security, through to category D: low irks / open prisons.
the role of the probation service in social control
- probation service supervises high risk offenders released into the community. work with around 30000 offender a year helping to try and rehabilitate offenders.
- whilst on probation, offenders may have to do unpaid work, complete education / training and have regular meetings with an ‘offender manager’.
- probation service is foundered through income taxation by the national management service (NOMS)
- working duties include having to prepare pre-sentence reports for courts, help in selecting the most appropriate sentences for an individual. they also help to prepare individuals for release from prison, supervise offenders one released from prion and communicate with victims of serious crimes when offender are due to be released.
the role of charities and pressure groups in social control
- they are not government funded so can bring independent advice and can challenge functions in the CJS. they rely on voluntary donations.
- they are non-profit organizations. examples include: the prison reform trust
- main objective of the PRT is: reduce unnecessary imprisonment, improve the treatment and conditions for prisoners and promote human right in the CJS.
