unit 4 - crime and punishment Flashcards
(148 cards)
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