unit 4 - crime and punishment Flashcards
donoghue vs stevenson (1932)
Created the modern tort of negligence, snail in ginger beer, Mrs Donoghue suffered personal injury as a result. The rule you are to love your neighbour becomes in law you must not injury your neighbour and most take reasonable care to avoid acts or omissions which you can reasonably foresee would injury your neighbour
daniels vs white 1938
Claimant bought a bottle of lemonade after he drink it he felt a burning reaction in his throat, the lemonade was found to have corrosive metal in. Case of Donoghue v Stevenson was used when applied for compensation
green paper
questions published by the government to discuss
white paper
can be a draft of the bill, includes a detailed plan for the proposed law
first reading
formal announcement of the bill to the House of Commons, vote taken to ensure it passes to next stage
second reading
bill is read again and then debated by the house of commons, a further vote is taken
committee stage
MPs from other political parties examine and scrutinise the bill
report stage
committees write a report to all MP’s based on their examination of the bill
third reading
another opportunity to debate, and at the end there is a vote on whether to accept o reject the bill
House of Lords
they debate and scrutinise the bill, any amendments made will be sent back to house of commons to accept or reject. final say is made by house of commons
royal assent
once accepted, the bill is sent to the monarch for signing and is now an “act of parliament”
judicial prescedent
past decisions of judges create laws for future judges to follow
statutory interpretation
judges rely on interpreting rules when applying them to cases:
- literal rule: interpretations use ordinary meanings of words
- golden rule: the meaning of words can be modified, especially in cases where an absurd result is likely to occur if the law is interpreted literally
- mischief rule: the intention is used by the judge rather than the wording e.g. the licensing act (1872) made it illegal to drive a carriage under the influence of alcohol, so they used that to later infer that it would also be illegal to drive any transport under the influence of alcohol
internal social control (such as personality)
superego- according to freuds psychodynamic tripartite personality theory is the embodiment of ‘rights’ and ‘wrongs’ and what to feel guilty about
rational ideology- idea that we all have diff ideas of what is right and wrong based on our environment, which guides us to follow laws due to deeper anxiety or guilt
upbringing- especially parent authority, huge factor as they socialise us and show us how to correctly navigate the world
external social control
outside influences which are in place to ensure that we conform to social rules and morals
examples of external social control
criminal justice system- uses legal sanctions to ensure rules are followed e.g police being allowed to stop and search anyone that they (reasonably) suspect has broken the law
fear of punishment- split into individual deterrence e.g. a suspended sentence and general deterrence e.g. mandatory minimums and the three strike rule in the US
Walter C reckless control theory
we resist committing crimes due to inner containment (upbringing and family influence) and outer containment (influence of social groups, such as football teams)
Travis Hirischi control theory
people must form social bonds to prevent criminal behaviour which are namely attachment, involvement, beliefs and commitment which need to be fully formed to prevent the propensity to commit crime
retribution
to punish offenders on behalf of society, and to exact vengeance for breaking society’s moral code.
there is a fixed scale of sentences that are used in most cases, however in cases of moral outrage, such sentences and penalties can be increased e.g. a physical assault may be treated more severely if racially motivated
synoptic links of retribution
right realism: they promote ‘rational choice theory’ and consider all offenders to be accountable for their behaviour so they may favour retribution to punish offenders on behalf of society
functionalism: they consider retribution to be helpful for ‘boundary maintanance’, meaning that it reminds everyone what the costs are for committing crime
weaknesses of retribution
- nature of fixed penalties allows no room to use subjective judgement which can be an issue when punishment is unavoidable even though it may not be the most suitable outcome
- retribution aims to be proportional to the crime however there is no agreement about what is ‘proportional’. some may consider the penalty for murder to be too lenient and others may consider the penalty for speeding to be too strict
aims of rehabillitation
to use punishment as an opportunity to create real, internalised change in the offender and reduce recidivism rates.
can consist of various elements, e.g. anger management and CBT. also contains education and training programmes to help offenders prepare for life outside of prison
synoptic links of rehabillitation
left realism: left realists believe that socio-economic disadvantages are the driving factor in crime, so by providing training and education the offenders are more likely to be prepared to contribute to society therefore wont commit repeated offences.
operant conditioning: ‘token economy system’, rewards encourage positive behaviour changes
weaknesses of rehabilitation
requires lots of input to bring about true change, and many offenders wont be willing to put the effort in
marxists criticise rehabillitation for having no focus on the role of capitalism in crime and puts too much responsibility on the offender to change
deterrence aim
to put people off from reoffending and other people from ever committing any crime
individual deterrence refers to punishments to prevent an individual from reoffending e.g. tough prison sentences or juvenile detention centres and general deterrence refers to ensuring that members of society are deterred from ever committing crime by making them fear punishment
deterrence synoptic links
SLT: if people observe behaviours leading to punishment, they are less likely to imitate that behaviour.
right realism: propose ‘rational choice theory’ so by using punishment for deterrence purposes, right realists claim this will be a factor in decision making.
weaknesses of deterrence
severity of punishment and certainty of punishment are not the same. whilst the severity of a punishment is a deterrent for committing crime or reoffending, its less likely to be effective if there is low certainty that you will be caught
not all offenders think rationally. some are emotional and impulsive so deterrence as a factor in rational choice theory will be absent
public protection aim
by incapacitating criminals members of society are protected from them.
mostly custodial sentencing and imprisonment, however chemical castration has been used.
criminal justice act (2003)- possible to incapacitate criminals without a fixed release date when public protection was a concern
synoptic links of public protection
right realism: right realists consider people as responsible for their actions and liable for the consequences. they agree that such people should be removed from society to protect the public and reduce crime rates
lombroso: believed that physiological features that are different from society made people criminals, rendering rehabillitation programmes ineffective suggesting that incapacitation is the best and most appropriate punishment for such offenders
weaknesses of public protection
as more people are incapacitated in prisons, the costs are rising. this has created concerns about overcrowding and lack of funds to keep incapacitating offenders with long sentences
whilst it helps reduce risk to the public, it makes no effort to change offenders or to address why they offended originally
reparation aim
to make offenders ‘pay back’ society and/or individuals and make amends for their crime
e.g. if a crime led to damage of materials caused by vandalism, the offender may be required to financially compensate
restorative justice- with a trained mediator, the offender meets with the victim/family in a room whilst the victim/family explain the impacts of a crime on them and the offender can express remorse or explain their circumstances
reparation synoptic links
labelling theory: labeling theorists favour restorative justice because it allows the offenders to be empathic, remorseful and avoid labelling themselves as lost causes which improves the likelihood that they can reintegrate into society upon release
weaknesses of reparation
not possible for all types of crimes, e.g not effective for a victim and sex offender
critics regard it as a lenient punishment, and only effective for those who are capable of true remorse and change
what is due process model
liberal approach established by Herbert Packer (1968) which believes power over the state could be a threat to individual freedom
so various agents are employed to determine the accuracy of the presumption ‘innocent until proven guilty’ e.g. police, courts, judges.
examples of due process model in uk
- suspects have the right to a fair trial with a jury of their own peers
- suspects have the right to know why they are being stopped, searched or arrested
synoptic links of due process model
- labelling theory: aims to stop oppression of anyone that is labeled as a suspect or a criminal, deters agencies e.g. the police from targeting people or negatively labelling groups as ‘typical offenders’
- left realism: shared emphasis on acting in a non-discriminatory way with the cooperation of communities to avoid oppression of groups and areas, supporting Lea and Young’s (1984) ideas of relative deprivation. example of this put to work in the uk is the multi agency approach
—> criminal justice act 2003 requires the police, probation services and prison services to work together to reduce the risk posed by violent offenders.
what is crime control model
also established by Herbert Packer (1968). goal to suppress crime and contain threats to the freedom of people in society with priorities to catch offenders and punish them for their rule breaking and behaviours. emphasises rights of society and victims
crime control model synoptic links
- right realism: similarly to right realism, the crime control model favours the idea of police having more powers and a zero-tolerance attitude towards criminal behaviour
- functionalism: emphasises the role of punishment in reinforcing moral boundaries in society. justice allows society to express moral outrage and be satisfied with retribution
examples of crime control model in uk
- Allowing the introduction of ‘bad character’ evidence and previous convictions information for the courts to consider when deliberating a verdict.
- The removal of the ‘double jeopardy’ rule for murder and other serious offences.
- The extended pre-charge detention time for terrorist offences.
cases that have used the due process model
- Thompson and Venables V UK: Protected identity during trial to ensure fair proceedings, focused on ECHR use of a fair trial.
- Gary Weddell: Released on bail for murder, showing presumption of innocence.
cases that have used the crime control model
- Colin Stagg: Used undercover tactics to obtain a confession.
- Barry George: Convicted based on a small piece of evidence.
in both cases, police were sure that they were guilty and use all measures available to find possible evidence of guilt
what agencies do police work with?
- CPS: police charge offenders in line with CPS instructions and gather evidence for the CPS
- courts: police give evidence as a prosecution witness, protect vulnerable witnesses, and transport offenders
- Prison/probation services: police arres anyone that have breached their license, and they help manage sex offenders in the area
what agencies does the HM prison service work with?
- police: police coordinate interviews and video links between prisons and the courts
- courts: work with prison services to facilliate legal visits with offenders, and carry out custodial sentences
what agencies work with the national probation service
- courts: the probation service supervises offenders who are sentenced to community work. they also supervise drug testing if requested by the court
- prison/parole board: offenders who are released from prison on license are supervised by parole boards and probation officers
philosophies of the police
metropolitan police founded by Sir Robert Peel (1829)
- mission is to prevent crime and disorder in society
- physical force should be used by the police as a last resort only
- expected to be impartial when serving the law
- just like members of society, however are paid to uphold the law
-police forces require the co operation and trust of the public
- code of ethics will be followed by all police officers to ensure respect for the public
metropolitan police quote
‘our shared values reflect the special nature and demands of policing London’
-professionalism
- integrity
- courage
- compassion
aims and objectives of the police
- to maintain order in society
- protect all life and property
- keep the peace in communities
- bring offenders to justice
- prevent and investigate crime
what do police have unlike regular citizens in the community
legal power to help them fufill their duties such as detain, arrest and question which were given under the Police and Criminal Evidence Act (1984)
funding of the police
council taxes paid by members of society and the central government. in 2018, the police budget was £12 billion which is significantly less than previous years. this decline in funding has caused the number of police officers in the position to decline
working practices of police
operates across the UK. number of forces throughout england and Wales. some specialist police forces, such as the british transport police who operate reigonally rather than locally.
police deal with most offenders and most types of crime but there are exceptions for certain types of crime such as the HMRC will deal with crimes such as tax evasion and fraud
unarmed officers
most police in the UK are unarmed, force is a last resort
special constables
unpaid volunteers who are training and have the same legal powers as paid police
PCSO (police community support officers)
used to target antisocial behaviours in society such as littering and underage drinking
PCC’a (police crime commissioners)
elected representitives of the people in an area, who hold chief constables to account for the performance of the police. they act as a voice of the community and liaise with the police about reducing crime in an area
philosophy of the CPS
range of values, honesty, openness, respect and professionalism. aims to demonstrate equality and inclusion to improve the confidence of the public and they aim to prosecute without bias.
aims and objectives of the CPS
aims to advise police in their investigations and about evidence in a case.
aim to review evidence independently and decide whether to prosecute an offender or not
CPS prepares and present prosecution cases in course, and it plays a role in supporting victims and witnesses
funding of the CPS
approximately half a billion pounds a year is used from the government to fund the CPS. In some cases, court costs are recovered from defendants and some confiscated assets from investigates are recovered by the court. concerns about how the CPS can continue to function effectively with the reduction in funding which had fallen by approximately 25% in 2018
working practices of the CPS
responsible for all serious cases, and most crimes. they may not be involved in very minor cases. operates across england and wales, with 14 regional teams actively prosecuting cases locally. there’s a 15th area that provides CPS virtually, allowing charging decisions to always be necessary
philosophy of the judicial system
Guide to Judicial Conduct (2016) includes criteria to guide the ethical and professional conduct of judges. For example,
- judges should be independent and not influenced by the government or other parties
- judges must be impartial to both sides of a case
- judges must be honest and hold strong moral principles
- judges must uphold the standards of a society
- judges must ensure that everyone in court is treated equally
- judges must be competent to fulfil their role
aims and objectives of the judicial system
in the crown court, judges must ensure fairness to all parties involved in the case and explain legal issues and other relevant information to a jury. they will summarise the evidence and determine a sentence for the offender if they are found guilty.
in an appeal court, judges rule on appeals that may have come through from lower courts in the hierarchy. Sometimes, decision from judges in these courts can lead to a new precedent being set throughout all courts
funding the judicial system
the ‘senior salaries review body’ recommends how much pay should be awarded to judiciary, with the recommendations being made to the prime minister and lord chancellor. for example, in 2018, £275,000 was the pay for the most senior judge.
working practice in the judicial system
the position of judge is important in upholding the rule of law. they have ‘security of tenure’ meaning that they can only be removed from position via a petition to the royal family. they also have their salary guaranteed.
they’re also organised by type. for example, superior judges rule in the Supreme Court, high court and court of appeal. inferior judges rule in the crown court.
philosophy of prisons
prisons are under the responsibility of the HMPPS, a government agency that helps prisons to prevent future victims. they aim to do this by changing the lives of the offenders and their decisions
aims and objectives of prisons
the aims of the police are to protect the public, rehabilitate convicted offenders, and to hold prisoners securely whilst their sentence is carried out
funding of prisons
prisons are paid for by the government, who use money from paid taxes. in 2018, the funding for prisons saw a significant decline compared to 2010. in 2018, the total budget for all prisons was approximately £3 billion. such cuts in funding led to lower numbers of prison offenders which impacts the availability of things like educational courses in prison. the cost of keeping a prisoner between 2017-2018 was approximately £37500 a year
working practices of prisons
most prisons are run by public government agencies, but there are some that are ran privately. prisons house offenders that are not suited to community sentences, but there is a range of prisoners across all prisons. for examples, thieves, arsonists and murderers.
philosophy of the national probation service
the NPS operates under the belief that it is possible for offenders to change and become responsible members of society. they emphasise dignity and value of offenders and are committed to equality and diversity and social justice
aims and objectives of the national probation service
priority is to protect the public through the rehabillitation of offenders and supporting them to reintegrate back into communities. they help offenders who have been released to tackle barriers and causes of their offending. they also supervise offenders serving a sentence in the community which has been issued by the court e.g. community payback. also making sure they meet the conditions of their release e.g. anger management
charities and pressure groups
voluntary organisations that are independent from the government. charities help those in need whereas pressure groups organise campaigns for change
philosophy of NACRO
aims to change views towards ex offenders and stereotypical attitudes towards them. it offers outreach projects and education to young people who are at risk of criminality, resettlement advice and provides houses for tenants. in 2018, NACRO provided 2.5 thousand people with permanent accommodation to support them leaving prison.
what does NACRO campaign for
change laws and policies that may affect ex offenders. for example, ‘ban the box’ campaigns aim to remove the requirement to declare previous criminal convictions from all job applications
funding of NACRO
reliant on public donations, government support and contracts. typically has an income of £50 million a year
working practices of NACRO
works with a range of ex offenders, young people who are at risk of criminality and many disadvantaged communities. national organisation across england and Wales and is ran by unpaid volunteers across the country
Repeat offenders
Recidivism occurred due to prison, lack of support and the rising prison population
why are repeat offenders a limitation
High recidivism rates suggest that attempts to establish social control are not effective. In 2017, the recidivism rate across all criminals was 30%. Those who reoffend are likely to commit several new crimes. Recidivism is up to 74% for people who only serve a short sentence in a juvenile centre, showing that this agency isn’t preventing crime.
repeat reoffenders are one reason why prisons are overcrowded and overpopulated, however longer sentences for offenders has also added to this issue.
Crimes committed by those with moral imperatives
Breaking the law because their sense of what is right
why is crimes committed by those with moral imperatives a limitation
A moral imperative is a strong sense of what is right. People with a moral imperative sometimes feel like breaking the law is necessary to do the right thing.
Crimes committed by those with moral imperatives: kay gilderdale
Kay gilderdale broke the law when she assisted the suicide of her daughter who had been seriously ill for 17 years. In such cases, the jury may struggle to reach agreement about whether someone is innocent or guilty. In these cases, the offender may be charged leniently or acquitted
Crimes committed by those with moral imperatives: The suffragettes
They campaigned for the right to vote for women in the 20th century. They broke the law deliberately to raise awareness for their fight (e.g. cutting telephone wires and smashing windows). When they were convicted, they also refused to pay their fines. Approximately 1000 women were imprisoned for law breaking and went on hunger strike. To avoid the ‘cat and mouse’ cycle of releasing them ti recover from their hunger strike, only to imprison them, they were eventually force fed.
Access to resources
Inside and outside of the prison, offenders struggle with accessing support
why is access to resources a limitation (Inside prisons)
Inside prisons, prisoners require access to a range of support and resources as part of their rehabilitation. For example, access to education and training. However some prisons fail to provide these for various reasons; a. When offenders are only serving short sentences, this does not allow sufficient time to participate in support, b. 15% reduction in the number of police officers means that running this support is difficult. Staff shortages also mean early lock ups, and lack of support for people on a temporary license. C. less than half of the prisons in the UK provided good education or training, perhaps due to lack of resources, funding or planning.
why is access to resources a limitation (outside prisons)
Outside of prison, some offenders are released into the community on license and may face issues with money, unemployment and homelessness. According to NACRO, one in nine people who leave prison have no accomodation and they all leave prison with very little money. The campaign called the ‘end friday release’ campaign aimed to raise awareness about the danger of releasing prisoners on a friday, when support was limited over the weekend, making it likely that people will sleep rough or commit crime out of necessity
Civil liberties
Human rights abuses and due process requirements pose barriers
why are civil liberties a limitation
Civil liberties are basic freedoms and rights an individual has. For example, freedom of speech, freedom to protest peacefully, freedom to move, and a right to privacy. Critics of the government argue that agencies such as the police, who are given legal powers over citizens, may prevent human rights. For example, they could negatively sanction speech that they consider undesirable.
Local and national policies
National government policies such as the ‘serious violence strategy’ and local policies such as weapons amnesties
why is local and national polices a limitation (national government policies)
National government policies: the government introduce laws and policies. For example, under the criminal justice and public order act 1994, police were given the ability to stop and search for weapons, without reasonable suspicion. This change was brought in by the home secretary in 2019. In addition, the ‘serious violence strategy’ was brought in to increase police powers and collaborations with other agencies such as schools to support at risk children.
why is local and national polices a limitation (local polices)
Local policies: sometimes the local needs of an area can result in local policies e.g. if there is an increase of burglaries in an area, increased police policy may be a policy that’s implemented. Weapon amnesties are another example of local policies, where people can surrender illegal weapons without fear of prosecution (e.g. knives)
finance
Reductions in funding have had negative effects on agencies
why is finance a limitation
police: 19% reduction in funds between 2010 and 2018 led to a fall of 20,000 officers. More cases were dropped so that they could priorities. CPS- quarter of the budget for the CPS was cut between 2010 and 2018, and staff members decreased.
Prisons- between 2010 and 2018 the prison budget fell by 16% and staff levels declined too. Overcrowding meant less opportunities for education and training, poorer mental health in prisoners and increased numbers of assaults.
NPS- Glenys Stacey caimed that in 2019, the service was not effective due to staff shortages, inadequate safeguarding of victims and sub-standard private agencies
Civil liberties: Abu Qatada
Abu qatada- the case of Abu Qatada demonstrates the issue of civil liberties being a limitation to achieving social control, as in 2012 the european court of huamn rights (ECHR) ruled that te hate preacher could not be deported to jordan because the risk he would be tried on evidence obtained by torture. Theresa May, then Home Secretary, said the radical islamist cleric would have been sent back to jordan long ago and the ECHR not ‘moved the goalposts’ by establishing new, unprecedented legal grounds for blocking his deportation. He was eventually deported in 2013.
A criminological theory in which links to civil liberties and legal barriers?
Marxist would suggest these laws are necessary to protect working class from ruling elite making arbitrary judgements against them
how does social learning theory relate to repeat reoffending
social learning theory can explain offenders learning and copying from others in the prison system - prisoners can become ‘better’ criminals, learning skills from others and encourage them to continue offending upon release
how does right realism link to repeat offenders
the high rate of recidivism suggests that prison is not a deterrent for offenders, challenging the right realist ideas about rational choice theory
how does functionalism link to crime committed by those with moral imperitives
the likes of Durkheim may argue that new social values and movements would not be possible without acts of deviance
statistics from The Prison Reform Trust on prison and repeat offenders
the population in England and wales has nearly doubled with extra 41,000 people behind bars totalling number of people in custody 89,332 in June 2016
how is environment a limitation to prison service
offenders are less likely to reoffend if they live with their immediate family on release however only 61% do so
How does environment become a limitation for the probation service achieving social control?
Purposeful finding employment after being released from prison has impact on an effective environment for offenders
27% of people had a job to go on release from prison and only 12% of employers said they had employed someone with criminal record in past three years
environmental design
design of buildings and spaces can be used to reduce crime. ‘indefensible spaces’ are where crime is more likely to occur e.g. spaces that are uncared for or appear unowned like stairwells in blocks of flats and alleyways
‘defensible spaces’ are not likely to attract crime. e.g. public shared gardens may be cared for by teh community and the people can observe and monitor who is in the area.
Crime Prevention Through Environmental design (CPTED)
developed by C.R. Jeffery to showcase that environments can create or deny opportunities to offenders
examples of CPTED
gated lanes: provides security to back alleys behind houses, allowing communities to share this public space and care for it in turn reducing burglaries and antisocial groups from using the space.
sidebottom et al claim that gated lanes reduce crime because they provide a physical barrier which deters offenders, they increase territoriality and stop such spaces being views as public spaces.
limitations of gated lanes
do not deter criminals who already live in gated areas
requires a community to work together
can cause issues for emergency services attending the area
second example of CPTED
prison designs
panopticon
all seeing design with a tower in the centre, permanent visibility for sense of power. originally designed by Jeremy Bentham. example is the UK HMP Pentonville.
supermax
maximum level of security for very dangerous criminals, including those who are a threat to national security
open prisons
minimum restrictions on prisoner movements and activities, classed as category D prisons and are generally used to prepare inmates for release
human ecological prison
based on making use of human ecology as a method of teaching individuals to discover that they are a part of a global community e.g. Bastoy prison in Norway
criticisms of CPTED
- many crimes that CPTED would not help with, such as those that do not require physical contact or proximity. for example, cyber crime and fraud can be committed from anywhere
- the council often place families into areas, which means that despite changes to designs, if a ‘problem family’ is placed into a family, criminal behaviour may increase.
how does CPTED link to right realism
CPTED assumes that the rational choice theory will be a factor. for example, if offenders see an opportunity to commit crime as too risky or too much effort, they are less likely to attempt it.
ASBO’S and CBO’s
ASBOs were introduced in 1998 by the New Labour Government, to target antisocial behaviours such as vandalism and public disorder. They are civil orders rather than criminal orders but can lead to a criminal conviction if the individual fails to meet the conditions of their ASBO.
Between 200 and 2013, 51% of people who were given as ASBO breached the conditions.
As a result, ASBOs were replaced with Criminal Behaviour Orders (CBOs) in 2014.
A CBO lasts for up to 2 years and can result in up to 5 years in prison, if conditions are breached.
Do ASBO’s work
These behavioural tactics can modify behaviour in many ways.
They have a negative requirements, meaning they can forbid the individuals from certain behaviours.
They also have positive requirements, meaning they can include mandatory attendance to things like drug treatment programmes.
synpotic links of ASBO’s
labelling theorists claim that when given an ASBO or CBO, a self fufilling prophecy may occur. when poeple are viewed and labelled as a criminal or delinquent, this can be counterproductive. for example, they may adopt this as their identity or they may gain status from their peers
token economies
system of modifying behaviours, often used in prisons and hospitals to shape behaviour. based on skinners idea of operant conditioning and positive reinforcement, meaning if desirable behaviour is rewarded then it is more likely to be repeated.
Bastoy prison in Norway
recognised for its rehabilitative approach, and is located on an island. It has no walls, no wires, and no handcuffs. Furthermore, Bastoy prison is an open system and provides inmates with freedom.
what is the reoffending rate in Norway compared to the United Kingdom
The United Kingdom has a 60% reoffending rate. This is 3 x more than that of Norway which has a 20% reoffending rate
In what year did the Government give local authorities the power to erect these gated lanes?
2006
example of token economy
if an individual obeys orders and refrains from taking drugs and engaging in violence, the prisoners will earn a token each time they demonstrate this which they can exchange for privileges such as TV or tobacco.
do token economies work
Hobbs and Holt found that the behaviour of 125 boys aged 12-15 in a US correctional institution changed positively and this lasted for over a year. however, there are concerns that once an individual leaves the prison, therefore the token economy system, desirable behaviour will stop once its no longer rewarded.
institutional tactics
There are other institutions that impose sanctions against their members for inappropriate action.
These include bodies such as the General Medical Council and FIFA.
The General Medical Council is an independent regulator for doctors. It is able to:
Give warnings about a doctor’s behaviour or actions.
Accept undertakings (promises)
Refer the matter to the Medical Practitioners’ Tribunal Service, which has the power to restrict, suspend or revoke a doctor’s registration in the UK.
staged sanctions
there are many organisations that use a staged-sanctions system for rule breaking, e.g. schools and the police (In some circumstances).
Schools: warnings, C1, C2, Reports to Tutor, HOY or SLT, Suspension, PEX.
Police: Cautions or formal warnings, orders, up to a charges and sentences.
gaps in state provision: resources are in demand
taxes are used to pay for some costs of prison and other agencies, but they are also needed to fund other places like the NHS. since 2008, funding for these agencies has declined e.g. police budget was cut by 19% and the prison budget declined by 16%
gaps in state provision: new technology poses a problem
emergence of new technologies can hinder how effective and efficient some agencies are at dealing with crime. for example, its time consuming, difficult and costly to search through mobile phone or tablet data. so, some data/evidence is likely to be missed
gaps in state provision: unreported crime remains an issue
only approximately 40% of crime is reported to the police, which affecrs how effective they are at reducing crime and achieving social control. for example, approximately 1 in 4 rapes are reported and many victims of domestic abuse do not report it to the police
gaps in state provision: existing laws do not account for all behaviour
state agencies are not always able to prosecute crimes, especially if the behaviour is new and there is no current law to deal with it. for example, social media hosts are not prosecuted for allowing hate speech on their platforms since they are not the people publishing it.
strengths of police in achieving social control
A police officer serves to maintain law and order in local areas by protecting members of the public and their property. Specialist units involving terrorist squads protect the public from terrorist attacks, having a separate operation for this particular crime ensures it is tackled more efficiently and can be prioritised.
strength of police effectiveness in dealing with crime that causes public concern e.g. domestic abuse
increased effectiveness, in 2017, evidence suggested that there was a greater satisfaction towards the police in dealing with domestic abuse (HM inspector of police report).
weakness of police in achieving social control- incorrect gathering of evidence
body cameras are not always used by the police when gathering evidence. these shortcomings, plus staff shortages and slower response rates show police should be more effective.
the Macpherson report noted that the police did not follow up all leads or gather evidence effectively in the murder of stephen lawrence, which was damaging to the prosecution case.
negative effectiveness of police in achieving social control: numbers of police officers
However, the number of police officers in England and Wales is at close to the lowest recorded level since the early 1980s. Due to budget cuts, there is a decreased level of officers which may result in more people committing crime due to deindividuation. Further limitations include under-reported crimes such as domestic abuse due to the low conviction rates. Police officers are also largely disrespected in certain neighborhoods, specifically PCSOs as they have less power than normal officers.
accuracy of evidence of the police achieving social control
since a critical report in 2014, police departments have made progress in improving crime recording. there are also discrepancies in the data collected about crime rates e.g. whilst some reports claim it is increasing, others claim it is falling. victim surveys e.g. CSEW do not include crimes against businesses, cases where crime numbers are issued for insurance purposes and they only sample part of the population therefore the CSEW is skewed and lacks validity
current trends in solving crime (negative effectiveness of police)
crime rates steadily increasing, knife crime rose from 24,000 to 40,000 by 2018 and gun crime rose to 6,600. but, despite this rise in crime there is a decrease in people who are charged with offences and penalty notices. this is due to more and more crimes not being investigated, not prioritised or dropped.
strengths of the judiciary system in achieving social control
Judiciary are able to deal with cases if Parliament is out of reach, helping to determine a sentence for a guilty verdict more efficiently. Considering the Jury are regular people, it is giving power to the people by giving the public a chance to determine a verdict.
weakness of judiciary in achieving social control: gender bias
gender bias is an issue. for example, in 1989 Judge James Pickle was criticised for unfairly prosecuting people. he sentenced a man to probation after sexually assaulting a 6 year old girl however he jailed a woman for being uncooperative in court and claims that being pregnant is not a factor in determining sentences.
strengths of judiciary in achieving social control: ensuring that judges arent too lenient
the unduly lenient sentences scheme was designed to allow victims, prosecutors and the public to appeal for a sentence review if they believed it was too lenient. if the minister agrees with the appeal, the curt of appeal willbe asked to lengthen the sentence. in 2017, 173 cases were referred to the court of appeal, and 137 had sentences increased showing that leniency is not a concern.
negative effectiveness of the jury: may produce biased opinions
However, this may produce biased opinions, especially if they have access to media such as social media and the news.
Aaron Campbell was convicted of the murder of six year old Alesha MacPhail in Scotland in 2018. The media portrayed him in a highly negative light, emphasizing gruesome details and framing him as a remorseless villain. Sensationalist headlines and emotionally charged reporting likely contributed to public outrage, potentially impacting the jury’s impartiality. The widespread media narrative left little room for objective consideration
strengths of prisons in achieving social control
offenders are monitored to ensure they are keeping to the rules and regulations of their punishment which may help them to achieve rehabilitation.
negative effectiveness of prisons in achieving social control: recidivism rates
86% of 18 and under reoffend and 48% of over 18s commit further crimes within the first year of leaving prison. in 2017, almost half of offenders reoffended within a year of their release.
ineffective in rehabillitation for prisoners for life outside of prison
negative effectiveness of prisons in achieving social control: social learning theory
Social Learning Theory- prison is a school of crime. Token economy doesnt work outside of prison even if it does achieve social control inside prison.
negative effectiveness of prisons in achieving social control: overcrowding
overcrowding: rising prison population and longer sentences issued by courts. in 2018, 58% of prisons struggled with overcrowding.
negative effectiveness of prisons in achieving social control: safety and security
security and safety: always breaches in security for example drug smuggling and using drones to smuggle other contraband into prisons.
also increasing numbers of assaults, self harm and suicide. by 2018, there were 8400 assaults on staff, 22,000 assaults on inmates, 69 suicides and 80,000 incidents of self harm.
negative effectiveness of prisons in achieving social control: disorder
staff lose control in prisons when riots break out. for example, due to staff shortages, the riot in HMP Birmingham (2016) was noted as the worst in a UK prison.
negative effectiveness of prisons in achieving social control: staff cuts
as a result of a decline in funding, staff numbers have decreased. additionally, a third of prison officers only have two years experience, limiting their ability to manage inmates.
Evaluate the positive effectiveness of probation in achieving social control
Probation aims to reduce reoffending by working with offenders to change their behaviour. This lack of freedom acts as a fear of punishment for those who think about committing crimes.
Evaluate the negative effectiveness of probation in achieving social control: home circumstances
However, those whose circumstances at home led to their sentence, will find it difficult to rehabilitate if they are in the same situation whilst on probation and so will most likely end up back in prison. The cycle of poverty prevents people from leading different lives.
Evaluate the negative effectiveness of probation in achieving social control: privatisation
In 2014, the Conservative government partially privatised probation services as a strategy to increase resources to reduce re-offending. 21 private companies (Community Rehabilitation Companies) were set up throughout the UK to deal with low-risk offenders.
However, 19 of the 21 companies falled to meet their targets and cost the government over £300 million in additional expenses. Amongst the issues were housing needs not being met (54% cases met by CRC compared to 70% by the public sector), over reliance on telephone supervision by the CRCs, and inadequacies at keeping victims safe from offenders who are released back into the community.
Evaluate the positive effectiveness of probation in achieving social control: recidivism
the National Probation Service is more successful, with approximately half of the recidivism rate of prisons.
Evaluate the positive effectiveness of charities in achieving social control: commitment
Charities are often successful at reducing recidivism because they tend to focus on one group or issue.
For example, NACRO campaigned for ‘End Friday Releases’, to raise awareness that releasing offenders on a Friday hindered access to resources and support over the weekend.
Evaluate the negative effectiveness of charities in achieving social control: gaps in provision
Charities and pressure groups only exist where people are concerned about a group or issue.
They are volunteer organisations and rely on donations. Therefore, opportunities to reduce re-offending may be missed if only some crimes and offenders are the focus. The media often play a role in what charities and pressure groups campaign for. For example, society and media may be sympathetic towards certain victims, and demonise certain offenders. This can affect the people that charities and pressure groups support.
Evaluate the positive effectiveness of charities in achieving social control: women in prison
Women in Prison (WIP): Is a pressure group that campaigns to reduce the number of women in prison, believing that most of them are victims of domestic abuse or sexual assault. They call for the government to spend money on specialist support centres for women rather than more women’s prisons. 84% of womens sentences are for non violent crimes (E.g. TV license crime) therefore, WIP aim to make courts use prison as a last resort.
