WJEC Criminology Unit 4

What are the two main sources of law?

Governmental process and judicial process

Governmental process stages

First reading

Second reading

Committee stage

Report stage

Third reading

Royal Assent

Where does a Bill begin?

The House of Lords or House of Commons

Who makes up the House of Commons?

MPs voted in by the public from their respsective constituencies.

Who makes up the House of Lords?

Appointed individuals

Monarch

King/Queen

Judicial process: 2 ways judges can make laws

Judicial precedent or statutory interpretation

Judicial precedent

Previous court decisions influencing future cases. They set the precedent.

Statutory interpretation

The judge's own interpretation of the written law, done in order to make a verdict.

Statutory interpretation rules

Literal rule, golden rule, mischief rule

Literal rule

The law and its wording taken literally.

Golden rule

If the literal rule produces an absurdity, the law can have its meaning reinterpreted by a judge in a way that makes sense.

Mischief rule

Looks at why the law was made, what miscief the Act intended to prevent.

Judicial precedent exceptions

Overruling and distinguishing

Overruling

Higher court overrules decision

Distinguishing

The judge believes the current case is too different from previous ones to follow the precedent.

Organisations within the CJS

Prisons, courts, CPS, probation service, police, charities

The Crime Control Model

Prioritises catching and punishing offenders. Presumption of guilt. Conveyor belt system. Rights of society and victims. Police given more power.

Conveyor belt system

Fast prosecution prioritised once an individual is accused. They are pushed through the system like a conveyor belt.

Areas of law: Crime Control Model

'Bad character' evidence - previous convictions/behaviour presented in court.

Extended holding time for suspected terrorists.

Case study: Crime Control Model

Colin Stagg, honey-trap operation, wrongfully accused of murder of a Mum in a park and pursued by police

Crime Control Model pros

Efficient, suspects dealt with quickly.

Public feels safer.

Victims see fast justice

Crime Control Model cons

Human rights abuses risks (police power)

Relies on polciing being good

Risk of miscarriage of justice

The Due Process Model

Goal is to protect suspects/accused. Innocent until proven guilty. Creates an obstacle course for prosecutors to overcome. Rights of the accused.

Obstacle course

Prosecutors must go through an 'obstacle course' under the Due Process Model to prove the accused are guilty beyond all reasonable doubt

Areas of law: Due Process

Suspects rights read to them.

Right to a lawyer.

All interviews are recorded.

Due Process Model pros

Fewer miscarriages of justice

Human rights protections

Police behaviour is controlled.

Due Process Model cons

Slow system

Guilty people may go free on technicalities

Crime Control Model theories

Right realism: police power

Functionalism: punishment is necessary. Everything has its function in society, even crime.

Due Process theories

Left realism: crime is committed due to unfair system

Labelling theory

3 forms of social control

Internal, external, control theory

Internal social control

Controls over our behaviour that come from within ourselves.

Internal forms of social control

Rational Ideology

Tradition

Internalisation of social rules

External social control

Outside agencies that control behaviour through sanctions.

External forms of social control

External agencies

Coercion

Fear of punishment

Control theory

Idea that crime is normal. It is something we would all do, if it wasn't for internal and external social controls.

External agencies

Family, school, workplace. Or police, judges, Magistrates. Can all give positive or negative sanctions to change behaviour.

Coercion

The threat/use of force to achieve desired outcome.

Fear of punishment

The fear of being punished can deter individuals from committing crimes.

Individual deterrence

A sanction placed on an individual to punish their behaviour, in order to prevent them from doing it again.

General deterrence

Seeing others face the consequence of a behaviour can deter someone from carrying out the behaviour themselves.

5 Aims of Punishment

Retribution

Rehabilitation

Reparation

Public protection

Deterrence

Retribution

Payback, a deserved punishment

Retribution pros

Offender gets what they deserve

Society and victim get justice, and get to express their moral outrage

Retribution cons

Not preventative

No chance of forgiveness

No rehabilitation

Rehabilitation

Believes criminals can change. Aims to reform

Rehabilitation pros

Proven to work, for example drug programs.

Fairer

Rehabilitation cons

Requires participation of offender

Can be seen as 'too soft'

Reparation

Making amends for the wrong done

Reparation pros

Can be healing for victim

May make amends

Reparation cons

Requires participation of offender and victim

Not appropriate for all crime types

Can be seen as 'too soft'

Public protection

Incapacitation as punishment with the intention of protecting the public

Public protection pros

Public feel safer

Repeat offenders are sentenced longer

Public protection cons

Expensive. Prison population at all time high

No rehabilitation

Deterrence

The existence of the punishment deterring individuals from committing the crime, due to fear of punishment

Deterrence pros

Deters society in general (general deterrence)

Deterrence cons

Redicivism rates suggest prisoners aren't deterred (individual deterrence)

4 forms of punishment

Imprisonment, fines, community sentences, discharges

Imprisonment pros

Long sentences: PUBLIC PROTECTION

Sentences shorter than 2 years are released on license, conforming to bail conditions and supervision: REHABILITATION

Imprisonment cons

No REPARATIONs are made

May not REHABILITATE (redicivism rates)

Fines pros

DETERs minor crimes... But only for those financially impacted.

Punishes: RETRIBUTION

Gives back in money: REPARATIONS

Fines cons

Doesn't incapacitate so no PUBLIC PROTECTION

Community sentences pros

Gives back to community: REPARATIONS

Offender may learn something: REHABILITATION

Community sentences cons

Not a DETERRENt.

High redicivism rate, 3/4 of those sent to prison in 2013 already had a previous community sentence: REHABILITATION

Absolute discharge

No penalty given. Going through court is seen as punishment enough.

Conditional discharge

No penalty given. But must not reoffend for up to 3 years.

Discharge pros

A conditional discharge DETERs.

Absolute discharge may DETER, if experience of court offputting enough.

Discharge cons

No RETRIBUTION

No PUBLIC PROTECTION

Green Paper

Start of Governmental process, a paper outlining a Bill, purpose is to create a debate.

White Paper

Formal draft version of a Bill.

Judiciary

All 3,000 judges in the courts across England and Wales

Role of judiciary

A judge's role is to interpret the law and make/apply decisions about it. They also manage a trial.

When the trial is done, a judge sums up the evidence for the jury and will pass a sentence (if appropriate).

The judiciary is funded by

The Senior Salaries Review Body (SSRB)

SSRB

The Senior Salaries Review Body. Decide judges' salaries.

Judiciary oath

The judiciary are responsible for deciding someone's freedom.

They take an oath to ensure that they are impartial, free from government influence, and are fair and consistent.

Role of prison

Prison's role is to protect the public, rehabilitate convicted offenders, and hold offenders securely for the duration of their sentence.

Prisons are funded by

The government (general taxation)

Private prisons

Most prisons are public + run by government. However, there are 14 private prisons run by private security companies.

Levels of prison

Prison is split into 4 levels.

Category A to Category D.

Category A is high risk, max security,

through to Category D: low risk, open prisons.

Role of the Probation Service

Role is to supervise offenders being released into the community. Work with roughly 250k offenders/year.

The probation service is funded through

Income taxation

Probation service practices

Organising unpaid work for offenders, organising education/skills training for offenders. Supervising offenders.

Two types of offenders under the probation service

On license: Have been released early from prison (typically for good behaviour

On sentence: Offender was sentenced to a community order.

Charities and Pressure Groups

Non-governmental groups that want to promote change in the interest/s of the individual/s they are concerned with.

2 Examples of Charities/Pressure groups

Howard League of Penal Reform and Prison Reform Trust

Howard League of Penal Reform

Oldest penal reform charity in the UK

Aims for less crime, safer communities, less people in prison.

Prison Reform Trust

Aims to reform the prison system to be fairer and more just.

Role of the police

Prevent crim and disorder

Police practices

Arrest, detain, search, interview suspects.

Respond to emergency and non-emergency calls

The police are funded by

Central government and council tax

Examples of specialised police units

Dog handler unit, firearms unit.

CPS Role

Decide which cases should be prosecuted

Advise police

Prepare/present court cases

Inform and support victims

CPS Funding

Funded by Parliament and recovered criminal assets