unit 4 - crime and punishment

Question 1

donoghue vs stevenson (1932)

Answer 1

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

Question 2

daniels vs white 1938

Answer 2

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

Question 3

green paper

Answer 3

questions published by the government to discuss

Question 4

white paper

Answer 4

can be a draft of the bill, includes a detailed plan for the proposed law

Question 5

first reading

Answer 5

formal announcement of the bill to the House of Commons, vote taken to ensure it passes to next stage

Question 6

second reading

Answer 6

bill is read again and then debated by the house of commons, a further vote is taken

Question 7

committee stage

Answer 7

MPs from other political parties examine and scrutinise the bill

Question 8

report stage

Answer 8

committees write a report to all MP’s based on their examination of the bill

Question 9

third reading

Answer 9

another opportunity to debate, and at the end there is a vote on whether to accept o reject the bill

Question 10

House of Lords

Answer 10

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

Question 11

royal assent

Answer 11

once accepted, the bill is sent to the monarch for signing and is now an “act of parliament”

Question 12

judicial prescedent

Answer 12

past decisions of judges create laws for future judges to follow

Question 13

statutory interpretation

Answer 13

judges rely on interpreting rules when applying them to cases:

1. literal rule: interpretations use ordinary meanings of words
2. 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
3. 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

Question 14

internal social control (such as personality)

Answer 14

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

Question 15

external social control

Answer 15

outside influences which are in place to ensure that we conform to social rules and morals

Question 16

examples of external social control

Answer 16

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

Question 17

Walter C reckless control theory

Answer 17

we resist committing crimes due to inner containment (upbringing and family influence) and outer containment (influence of social groups, such as football teams)

Question 18

Travis Hirischi control theory

Answer 18

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

Question 19

retribution

Answer 19

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

Question 20

synoptic links of retribution

Answer 20

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

Question 21

weaknesses of retribution

Answer 21

1. 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
2. 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

Question 22

aims of rehabillitation

Answer 22

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

Question 23

synoptic links of rehabillitation

Answer 23

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

Question 24

weaknesses of rehabilitation

Answer 24

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

Question 25

deterrence aim

Answer 25

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

Question 26

deterrence synoptic links

Answer 26

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.

Question 27

weaknesses of deterrence

Answer 27

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

Question 28

public protection aim

Answer 28

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

Question 29

synoptic links of public protection

Answer 29

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

Question 30

weaknesses of public protection

Answer 30

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

Question 31

reparation aim

Answer 31

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

Question 32

reparation synoptic links

Answer 32

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

Question 33

weaknesses of reparation

Answer 33

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

Question 34

what is due process model

Answer 34

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.

Question 35

examples of due process model in uk

Answer 35

• 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

Question 36

synoptic links of due process model

Answer 36

• 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.

Question 37

what is crime control model

Answer 37

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

Question 38

crime control model synoptic links

Answer 38

• 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

Question 39

examples of crime control model in uk

Answer 39

• 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.

Question 40

cases that have used the due process model

Answer 40

• 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.

Question 41

cases that have used the crime control model

Answer 41

• 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

Question 42

what agencies do police work with?

Answer 42

• 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

Question 43

what agencies does the HM prison service work with?

Answer 43

• 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

Question 44

what agencies work with the national probation service

Answer 44

• 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