YEAR 2 EXAM CONTENT

Question 1

2.1

Why do we need social control?

Answer 1

For society to function smoothly

Question 2

2.1

What are the two ways to persuade people to behave in a given manner?

Answer 2

Internal forms of social control (e.g. morals)

External forms of social control (e.g. police, laws)

Question 3

2.1

What is the Id (Freuds model) ?

Answer 3

Based on the pleasure principle (our childish or animal instincts)

Question 4

2.1

What is the superego? (Freuds model)

Answer 4

• The superego is based on the morality principle, e.g. a nagging parent.
• If not for the superego, we would act in an anti-social or criminal way.
• Superego allows us to exercise restraint and behave in socially acceptable ways.

Question 5

2.1

What are examples of socialisation agents?

Answer 5

• Family
• school
• peers
• religious groups
• cultural backgrounds

Question 6

2.1

Examples of external forms of social control?

Answer 6

The police
laws

Question 7

2.1

Examples of internal forms of social control?

Answer 7

Morals we learn from important people around us e.g. family. teachers

Question 8

2.1

Examples of positive sanctions?

Answer 8

Medals, trophies, positive points and rewards in school

Question 9

2.1

Examples of negative sanctions?

Answer 9

Consequences such as fines and jail, detentions and exclusions in school

Question 10

1.1

1.1 Parliament

Answer 10

• Represent the people of country.
• The laws in the country are made by passing acts of parliament- i.e statutes or legislation.

Question 11

1.1

1.1 House of Lords

Answer 11

Members of the house of lord are called peers, they double check laws that are passed by parliament

Question 12

1.1

1.1 The monarch

Answer 12

HAS ONLY FORMAL ROLE IN LAW-MAKING, SIMPLY GIVE AGREEMENT TO THE NEW LAW. THEY DO NOT ACTUALLY MAKE LAWS

Question 13

1.1

1.1 The house of commons

Answer 13

Made up of MPs where if elected, they each represent a constituency and pass laws

Question 14

1.1

1.1 The government

Answer 14

The government runs the country

Question 15

1.1

1.1 Difference between government and parliament?

Answer 15

The government runs country and the parliament represents the people of country

Question 16

1.1

1.1 Stage 1 of parliamentary stages of a Bill: First reading

Answer 16

Bill introduced to Commons by government (or Lords occasionally) where it receives first reading. A formal announcement of bill and is followed by a vote to allow it to move onto next stage.

Question 17

1.1

1.1 Stage 2 of parliamentary stages of a Bill: Second reading

Answer 17

Main principles of the bill are considered and debated by the whole House of Commons and vote is taken. Government has the support of most MPs so usually will win the vote and so it moves to committee stage.

Question 18

1.1

1.1 Stage 3 of parliamentary stages of a Bill: The Committee stage

Answer 18

Bill is examined in detail, line by line by a small committee of MPs from different parties. The committee will report back to the whole house and will often propose changes to the Bill.

Question 19

1.1

1.1 Stage 4 of parliamentary stages of a Bill: The report stage

Answer 19

Gives MPs opportunity to consider the committee’s report and to debate and vote on any changes they might wish to make to the Bill. For major bills, debates may be spread over several days

Question 20

1.1

1.1 Stage 5 of parliamentary stages of a Bill: 3rd reading

Answer 20

This is the final chance for the commons to debate the bills contents. No amendments are allowed at this stage- the house votes either pass the bill or reject it

Question 21

1.1

1.1 Stage 6 of parliamentary stages of a Bill: The Lords

Answer 21

Bill goes to the House of Lords where it goes through the same stages as in the commons, If the Lords have amended the bill, it must return to commons so MPs can decide whether to accept or reject Lords amendments. The house of commons has the final say as it is made up of the people’s elected representatives.

Question 22

1.1

1.1 Stage 7 of parliamentary stages of a Bill: Royal Assent

Answer 22

Once the bill has been passed by both houses of parliament, it goes to the monarch for signing (Royal Assent). This is the monarch’s agreement to make the bill into an act of Parliament or law and is a formality. The new law will now come into force immediately, unless the Act specifies that it will only apply from some later date known as the commencement order.

Question 23

1.1

1.1 Green paper

Answer 23

Before putting a bill before parliament, the government usually publishes a green paper which is an initial report to provoke public discussion of the subject. Includes question for interested individuals and organisations to respond to

Question 24

1.1

1.1 White paper

Answer 24

After the consultation, government publishes white paper- a document setting out detailed plans for legislation. Often it includes draft version of the bill they intend to put before parliament

Question 25

# 2.1 2.1 Parenting

Answer 25

Many control theorists point to the importance of parenting in creating bond that prevent young people from offending

Question 26

# 2.1 2.1 What did Gottfredson and Hirschi find/ argue?

Answer 26

Argued that low self-control is a major cause of delinquency, and that this results from poor socialisation and inconsistent or absent parental discipline.

Question 27

# 2.1 2.1 Riley and Shaw research

Answer 27

Argued that parents should: 1) Involve themselves with their teenagers lives and spend time with them 2) Take an interest in what they do at school and how they spend time with their friends 3) Show strong disapproval of criminal behaviour and explain the consequences of offending

Question 28

# 2.1 2.1 Walter Reckless

Answer 28

Also points to socialisation that can act to prevent criminality. These act as a form of internal containment by building a mechanism of self control. External controls such as parental disciplines can act as external containment

Question 29

# 2.1 2.1 What did Heidenson argue?

Answer 29

That women offend less as patriarchal control offers them fewer opportunities to offend. this is because they are occupied with domestic duties so less likely to offend.

Question 30

# 2.1 2.2 What are some purposes of punishment?

Answer 30

- Protect public from offending - Deterrence- to stop future offending - Retribution - Reparation - Rehabilitation

Question 31

# 2.1 2.2 Retribution

Answer 31

To pay back. It involves inflicting a punishment on an offender as vengeance for a wrong or criminal act

Question 32

# 2.3 2.2 Just deserts

Answer 32

Offenders deserve to be punished and society is morally entitled to take revenge, the offender should be made to suffer. It means the offender deserves to be punished and society is morally justified to take its revenge for having breached its moral code.

Question 33

1.1 What is the judical process?

Answer 33

this is the method that laws are made through the court system and using previous cases to make laws aka judicial precedent

Question 34

What is judicial precedent?

Answer 34

When the law is made based on decisions from previous cases, it is also known as stare decisis and it ensures that there is consistency in law making

Question 35

what is an example of an application of the moral outrage is the UPLIFT or higher tariff sentencing

Answer 35

hate crimes such as racially aggravated offences. For example, the maximum penalty for grievous bodily harm is 5 years imprisonment but this can be increased to 7 years if it is proven to be racially motivated. The uplift reflects society’s greater outrage at the offence.

Question 36

what is Proportionality

Answer 36

The punishment should fit the crime and should be equal to the harm done. E.g. murderers receiving the death penalty.

Question 37

What does the coroners and justice act 2009 state

Answer 37

A court must follow sentencing guidelines unless it is against the interest of justice to do so

Question 38

Rehabilitation

Answer 38

to reform or change offenders so they no longer offend and can go on to live a crime-free life.

Question 39

Right realist theory of criminality.

Answer 39

It assumes that offenders are rational actors who consciously choose to commit those crimes. They are fully responsible for their actions and are liable to suffer the outrage of society. Functionalists like Durkheim, believe the moral outrage that retribution expresses performs the function of boundary maintenance. Punishing the offender reminds everyone else of the difference between right and wrong. You create a boundary between good and evil, the heros and the villains. It creates if you behave this way, ‘you are outcast’

Question 40

What are three criticisms of retribution

Answer 40

1) Can be argued that offenders deserve mercy or forgiveness to make amends, not just punishment 2) If there is a fixed tariff of penalties, punishment has to be inflicted even where no good is going to come out of it e.g. the remorseful offender who will commit no further crimes. It gives less scope to the judges. 3) We might not be able to decide what is a proportionate penalty or ‘just desert’ for each crime. People disagree about which crimes are more serious than others

Question 41

What is rehabilitation

Answer 41

The goal of reform or change offenders so they no longer offend and can go on to live a crime-free life. The aim presumes that criminal behaviour is the result of free will and rational choice. In other words, it is caused by factors that the defendant can actually do something about.

Question 42

Individualistic theories

Answer 42

See retribution as a significant aim of punishment, they advocate various ways of changing offenders behaviour.

Question 43

Cognitive theories

Answer 43

they favours CBT to teach offenders correct irrational thinking that leads to aggressive or criminal behaviour

Question 44

Esyenck’s personality theory

Answer 44

favours aversion therapy to deter offending behaviour

Question 45

Skinners operant learning theory

Answer 45

supports use of token economies to encourage prisoners to produce more acceptable behaviour

Question 46

What are two criticisms of rehabilitation theories

Answer 46

1) Right realists argue that rehab has limited success and offenders go back to re offend even after going to rehab programmes 2) Marxists criticise rehab programmes for shifting the responsibility for offending onto the individual offenders failings rather than focusing on how capitalism leads some people to commit crime.

Question 47

Control theory- Travis Hirschi- why do people obey the law?

Answer 47

Because people are controlled by their bonds to society which keeps them from deviating. He argues that 'delinquent acts occur when an individuals bond with society is weak or broken'. Commitment or the stake that people have in society. The great peoples investment in their education, their careers or their homes and other possessions, the more reason they have to conform

Question 48

1.1 What is statutory interpretation?

Answer 48

- As well as using precedent to decide how cases should be resolved, judges can also make use of statute law to inform their decisions. - However there are different ways in which they interpret the law

Question 49

What is the literal rule?

Answer 49

The judges will use literal everyday language, however as you have seen this can pose a problem as one word can have a number of different meanings.

Question 50

What is the golden rule

Answer 50

Sometimes literal meaning of the law is so ridiculous that the judges will have to apply the golden rule An example in point was the official secrets act (1920) which stated that it was an offense to obstruct her majesty's service in the vicinity of a prohibited area

Question 51

What is the mischief rule?

Answer 51

- Allows the court to enforce what the law intended to say not what it is actually saying - E.g. The Licensing Act (1872) makes it an offence to be drunk whilst in charge of a carriage on a highway. Corckery was found guilty even though he had been in charge of a bicycle, not a carriage. The court used the mischief rule to convict him.

Question 52

Severity vs certainty

Answer 52

it is important to distinguish between the severity of punishmeent and the certainty of punishment. for example, however, severe the punishment might be for a particular offence

Question 53

Public protection

Answer 53

Also called incapacitation, it refers to the use of punishment to remove he offenders physical capacity to offend again

Question 54

Prisons

Answer 54

- The main means of incapacitation in today’s society - By taking offenders out of circulation, it prevents them from committing further crimes against the public. - The goal of incapacitation has influenced sentencing laws. For example, the crime sentencing laws introduced mandatory minimum jail sentences for repeat offenders. For example, they give automatic life sentences for a second serious sexual or violent offence. 7 years minimum for a third class A drug trafficking offence. 3 years minimum for a third domestic burglary conviction.

Question 55

What is a biological theory of incapacitation?

Answer 55

Biological theories (Cesare Lombroso) He believed that criminals are biologically different from the rest of the population and that there is no way to rehabilitate them so he favoured sending them into exile away from the public.

Question 56

What is a right realist theory for incapacitation?

Answer 56

Right realists see incapacitation as a way to protect the public from crime. A small number of persistent offenders are responsible for the majority of crimes so incapacitating them with long sentences would reduce crime rate significantly.

Question 57

What is reparation?

Answer 57

- Reparation involves an offender making amends for a wrong they have, either to an individual victim or to society as a whole. - Reparations can include: Financial compensation, unpaid work

Question 58

What is the labelling theory of reparation?

Answer 58

Labelling theories favours restorative justice as a way of reintegrating offenders into mainstream society. By enabling them to show genuine remorse, it permits their reintegration and prevents them being pushed into secondary deviance.

Question 59

What is a functionalist theory or reparation?

Answer 59

Functionalists like Durkheim argue that restitutive justice- reparation to put things back to how they were before the crime was committed- is essential for the smooth functioning of complex modern societies.

Question 60

What is are two criticisms of reparation?

Answer 60

- Reparation may not work for all types of offences. E.g compensation for damage to property or minor offences may be fairly straightforward, but can reparation be made for sexual or violent crime? A rape victim may not wanna face or forgive the rapist. - Some regard reparation as too soft a form of punishment that lets offenders off lightly

Question 61

What are some criticisms of prisons as incapacitation?

Answer 61

- Increasing prison sentences lead to prison overcrowding and associated costs Incapacitation does nothing to deal with the causes of crime or to change offenders into law-abiding citizens - It assumes when you are free, you will commit further crimes, i.e. it is unjust.

Question 62

What are the 4 elements of individual bonds to society

Answer 62

1. Attachment- more attached we are to a person the more we care about their opinions so we will respect their norms 2. Commitment- if we are committed to conventional goals e.g. succeeding in education, we are more committed to a conventional lifestyle 3. Involvement- if we are more involved with law-abiding activities like studying or sports, the less time we have to offend 4. Beliefs- if we have been socialised to believe it is right to ob

Question 63

2.3 The criminal Justice Act 2003 sets out 5 aims of sentencing

Answer 63

1) Punishment of offenders 2) Deterrence i.e crime reduction 3) Rehabilitation of offenders 4) Incapacitation (protection of public) 5) Reparation to victims

Question 64

Law creation and administration

Answer 64

pass criminal laws by parliament and ensures justice system runs smoothly.