Unit 4 3.1- Agencies in Social Control. Judicary and Prisons Flashcards
Role of Judiciary in Social Control (1)- Role and Funding
System is adversarial, meaning the parties run their cases with the judge acting as referee
Ensure the jury understands the evidence & issues
Advise the jury on procedure & their duties
Will pass a sentence if defendant is found guilty
Under CJA (2003), can sit alone without a jury, to determine a verdict
Can also interpret the law if unclear and set precedent for other courts to follow
Salaries are decided following recommendations of the Senior Salaries Review Body
The SSRB provides independent advice to the PM, the Lord Chancellor and Secretary of State for Defence
Role of Judiciary in Social Control (2)- Philosophy
A judge must be loyal to the ruling monarch, as they are the figurehead of the legal system
They must apply the law equally under 2 oaths: Oath of Allegiance & Judicial Oath
E.g Loyalty to Monarch (Allegience) + Treat people equallym with impartiality and according to law
Role of Judiciary in Social Control (3)- Practices
As judges have the ultimate responsibility for decisions on freedom of people, it’s vital they make decisions based solely on the law, evidence & facts
Hence, an independent judiciary is essential for a fair, consistent & neutral administration of justice
Free from political control and cannot be dismissed by the government
Supreme: Cases of greatest importance affecting whole population
Appeal: Appeals against convictions / sentences in Crown Court
Crown: Indictable & Triable either-way offences
Magistrate: Triable either-way offences or summary offences
Role of Prison in Social Control (1)- Role and Funding
Provide some form of punishment, involving the deprivation of liberty as a consequence of crime
Rehabilitate individuals so they can be released as law-abiding citizens
Mostly taxation from the Government
2022/23 - spent around £6.09 billion
2020/21 - AVG. annual cost of a prisoner in England & Wales - £48,162
Role of Prison in Social Control (2)- Practices And Categories
Most prisons ran publicly by HMPS - 105 of 119
However, 14 are ran privately - E.G. HMP Birmingham by G4S
Rewards & Punishments (aka TEs):
- ‘Level’ depends on behaviour, Basic, Standard, Enhanced
- All enter at standard level
- Behave well = moved up to enhanced. Behave bad = moved down to basic
Category A: High risk / Maximum security (E.G. Frankland)
Category B: High risk to others (E.G. Nottingham, Wandsworth)
Category C: Lower risk but not trusted to be in open conditions (E.G. Dartmoor)
Category D: Very low risk to others. May have served a long sentence & be due for release soon (E.G. Kirkham)
