UNIT 4 - AC 2.1 - 2.3 Flashcards
In 3 brief points, describe the meaning of Social Control.
- the techniques and strategies for preventing deviant human behaviour in any society.
- for society to function smoothly, people need to behave more or less as others expect them too.
- Society has various means of achieving control over its members’ behaviour - which can be grouped into 2 main forms:
- internal social control and external control
What is internal control?
This is a process which has control over our behaviour from within ourselves. e.g personalities and values etc
How does Freud’s psychoanalytic theory link to internal control?
· according to freud psychoanalytical theory, we conform to societies expectations and rules because the super-ego tells us to do so.
· Along with the id and the ego, the superego forms part of our personality.
· Our superego tells us what is right and wrong and inflicts guilt feelings on us if we fail to do as it urges.
Rational Ideology is a form of Internal Social Control. What is it?
The idea/belief that your conscience guides you to reach a solution and follow the rules through the use of feelings like guilt, anxiety and worry
Tradition is a form of Internal Social Control. What is it?
The idea that your tradition (religion/culture/upbringing) will encourage you to conform to norms and tell you what to and what not to do
What is external control?
This is a process which has control over our behaviour through social agencies e.g education, family etc.
The Fear of Punishment can be seen as an External Social Control. How? -include an example:
Fear of punishment:
Using punishment as a deterrent to stop people from offending.
· there are theorists e.g right realists- they argue that the fear of being caught and punished is what ensures that many “would-be criminals” continue to obey the law-in other words, fear acts as a deterrent.
example: The increased presence of the police and knowledge that they can arrest you will act as a deterrent to doing anything bad
What are the two forms of deterrence?
Individual deterrence: punishment on offenders to prevent/deter them from committing further crimes.
General deterrence: Fear of punishment that prevents others from committing similar crimes e.g. death penalty, lengthy prison terms.
Coercion can be seen to act as a form of External Social Control. How?
It can be seen to influence those in a suspended sentence with the continued threat of custody for future law breaking.
Examples incl. imprisonment, bodily injury, strikes and boycotts. Prisons use this with the threat of loss of liberty.
Name the 4 agencies of external social control.
- Police: powers to stop commerce search, rest, detain and question suspects
- The CPS: can charge a suspect and prosecute them in court
- Judges and magistrates: powers to bail, remand and sentence
4.The prison service: detain prisoners and punish prisoners’ misbehaviours
What is Control Theory?
The form of theory that argues why people commit crime as a result of insufficient attachment to commitment to others.
Control theorists’ answer is that people conform because they are controlled by their bonds to society.
What did Social Bond Theory suggest was necessary to make someone believe committing crime was wrong?
- An attachment to people
- sensitivity for others
- Commitments to social enterprises
- Involvement in law abiding activities and social situations
- Belief in the values of society
Where can the aims of sentencing be found?
Section 42 of the Criminal Justice Act 2003
What are the six aims of punishment?
Retribution, rehabilitation, deterrence, public protection/incapacitation, reparation, and denunciation
What is retribution? and how does it link with right realism?
an element of revenge in wanting to ensure the offender gets what they deserve a sufficient measure of justice is reached, also known as ‘just desserts”
Right realists believe that tough control and punishments are the only way to stop criminal trends.
Give examples of punishments that meet the aim of retribution?
Mandatory life sentence for murder and increasing punishments for hate crimes
What is rehabilitation?
include its main focus and assumption:
Reforming offenders so they can move back into society.
focus: Altering the behaviour of an offender to prevent them reoffending.
assumption: Crime is a result of free will and rational choice, meaning something can be done about it
Give an example a of punishments that meets the aim of rehabilitation?
Community sentences (e.g. probation orders) because they involve conditions such as work, education, or treatments for addictions
What is the Drug Treatment and Testing Order?
A punishment brought in to rehabilitate offenders committing crime as a result of drugs by supervising them to stop their drug use
Which criminological theory does rehabilitation link to and why?
Individualistic theories - rehabilitation uses individualistic treatments (e.g. anger management) that focus on getting rid of undesirable behaviours and promoting desirable ones
What is deterrence?
Attempting to discourage criminality through the use of punishment
What is individual deterrence?
give an example:
Encouraging the offender to not reoffend by putting them in prison or giving the threat of imprisonment.
example: Suspended sentences provide the threat of imprisonment if reoffending occurs
Which criminological theory does individual deterrence link to?
Social learning theory because it labels prisons as ‘universities of crime’ where offenders can learn from other criminals - explains high recidivism
What is general deterrence?
Preventing potential offenders by making an example of someone else
What can weaken the effectiveness of general deterrence?
The fact that punishments are imposed on someone else, so it’s not always perceived as a threat
How is Marxism linked to deterrence?
Marxists argue that sentences are given to control the working class - they work as a general deterrence
How does the labelling theory link to denunciation?
Labelling offenders could lead to self-fulfilling prophecy which would cause more crime (danger of denunciation).
The sentencing framework allows courts to apply which four basic types of sentencing?
-prison
-community service
-fines
-discharges
What are life sentences?
The most serious punishment a UK court can give for serious offences (e.g. murder).
The judge sets the minimum time an offender must spend in prison before they can be considered for release by the parole board.
In serious cases, a person may be given a whole life term, which means they will never be released
How does functionalism link to denunciation?
Functionalists see social control as a way to achieve solidarity in society strengthens social cohesion by setting acceptable boundaries for crime
What is the aim of public protection? How does it relate to right realism?
To keep the public safe from the harm of dangerous criminals.
Right realism argues that public protection is needed because of weak social constraints, so more strict social control is needed to reduce crime
What is incapacitation? provide examples of: restrictive orders achieving incapacitation
Prevents future crime by keeping offenders from exercising freedom.
e.g - Long prison sentences, curfews, electronic tagging
What is the aim of reparation?
The offender provides compensation for the victim and/or society for they damage caused as a result of their crime
Give an examples of how the aim of reparation can be met
Reparation for the victim - sum of money Reparation for society - community order
What is one example of a direct reparation scheme?
Restorative justice: which allows offenders and victims to meet together and discuss the crime
Which criminological theory does the aim of reparation link to and why?
Links to left realism as the punishments provide practical measures and long-term impacts to reduce crime
What is denunciation?
Reinforcing moral and ethical codes (boundary maintenance)
What are indeterminate sentences?
(now abolished) set a minimum time the offender must serve in prison, they have no automatic right to be released after the minimum time has been served.
The parole board will decide if the offender is suitable to be released on licence
Does prison meet the aims of rehabilitation?
-success rate of rehabilitation programmes is low
- recidivism rates are high.
- only about 25% of offenders get a job after being released from prison
- not successful
What are determinate sentences?
A sentence with a fixed length.
not all of the sentence is served in prison
e.g (if the sentence is 12 months+ the offender will serve half the time in prison and the second half in the community on licence)
What are suspended sentences?
-offender is given a prison sentence but does not go directly to prison
- can be suspended for up to 2 years-
-court may also impose requirements, failure to follow these requirements will send the offender to prison
Does prison meet the aims of retribution?
Could argue that offenders get their “just desserts” but it is hard to reach a consensus on what a suitable sentence should be for a particular offence. also prison is not the harsh experience it is supposed to be.
Does prison meet the aims of deterrence?
Recidivism rates show re-offending for adults is between 50 and 60% and as high as 89% for young offenders in the first 2 years of release - not successful as a deterrence
Does prison meet the aims of incapacitation?
-it does work as offenders given life sentences are kept off the streets, which means that they aren’t committing crimes
-but most crime goes unpunished, so offenders aren’t being incapacitated.
-incapacitation is temporary.
-prisons act as universities of crime
Does prison meet the aims of reparation?
There has been some encouraging success with programmes such as restorative justice both abroad and in the UK
Does community sentencing meet the aims of retribution?
all community sentences includes punishment and retribution
e.g. curfews and exclusion orders.
Doing unpaid work in high vis vests = naming and shaming
Does community sentencing meet the aims of deterrence?
Use of community sentencing has nearly halved since 2006 -
-used for 9% of offences.
-limited use means it doesn’t act as a deterren
Does community sentencing meet the aims of incapacitation?
Don’t lock people up - don’t incapacitate offenders.
However, breaching a community sentence may send the offender to prison
Does community sentencing meet the aims of rehabilitation?
Are successful in changing behaviour when used instead of a short prison sentence
- lower recidivism rates than prison
Does community sentencing meet the aims of reparation?
Reparation can include unpaid work to repair damage to a victim’s property or the whole community
e.g. clearing wasteland. often seen as ‘soft justice’
Do financial penalties work?
-Lots of fines don’t get paid due to being cancelled
-It is concluded that there is no realistic chance of collection
-Not an effective method of deterrence, retribution or rehabilitation
Do discharges work?
-They are usually successful
-They act as a deterrent to many people whom the experience of going to court is enough for them to change their behaviour
- appear to meet their punishment aim
