criminology unit 4

not made by me!

judicial precedent

Law made by judges. When deciding cases, judges must follow judgements in previous similar cases. Lower courts must follow higher courts.

statutory interpretation

where judges in superior courts are called upon to interpret words and phrases within a law, they have to interpret the law and make a verdict on the case

what is the aim of statutory interpretation

sometimes law is unclear so the judge has to find the legal interpretation of the law (find the meaning of it)

what is the house of commons made up of

MP's

what does a green paper do

allows public consultation on a potential new law to be discussed

what is a white paper

created with with formal proposals, this allows a draft act (bill) to be created and presented to Parliament

stages of a bill

consultation stage
first reading
second reading
committee stage
report stage
third reading
amendments
royal assent

types of bills

private
public
government
private members

what are laws made in parliament called?

statutes

what is another word for laws

legislation

what happens in the consultation stage?

the government makes a draft of the bill and asks senior officials to make comments

what happens in the first reading?

the government informs everyone of the bill by reading out its title in the house of commons or lords

when is the first time the bill can be voted out

second reading

what happens in the second reading

Main debate on the whole bill in which MPs debate the principles behind the bill. At the end of this the vote is taken, if there is considered to be a majority there will be no more formal vote.

what happens in the committee stage of a bill

a smaller group of MPs or lords look at the bill in detail and can amend the bill

what is literal rule

giving words their literal and plain english meaning

advantages of literal rule

doesn't offend the separation of powers and highlights faults in the legislation, it offers certainty.

disadvantages of literal rule

can produce absurd results if words taken literally, it can also be very simplistic as language is updating,

what happens in the report stage

Amendments made in committee stage are considered by the full HoC.

Bills are rarely rejected at the report stage

Debates are only held if there are amendments.

what happens in the third reading

overall consideration of the bill, final vote if it continues

what happens in the amendment stage.

bill moves between the houses until an agreement can be reached

what else can happen in the amendment stage

the house of commons can pass a bill without agreement from house of lords

what is the royal assent stage

the ruling monarch e.g. the Queen signs of the bill as a new law a.k.a and act of Parliament

does the supreme court have to follow precedent

no

Exceptions to judicial precedent

looking at context therefore they might not follow normal procedure.

what does the ministry of justice do?

oversees the work of courts
oversees the work of probation services
oversees the prison systems
deals with legislation and guidelines for working in different organizations of the CJS.

what do police do?

work with courts to ensure defendants in custody are brought to them
give evidence in court
work with probation in managing an offender nearing release
work closely with the CPS in trying to charge and prosecute offenders

what does the CPS do?

advises the police on charging a suspect
checks evidence and sees if it is enough to charge
appear in courts to conduct the advocacy of a case

what does the prison service do

work with the probation services when a prisoner is to be released
lawyers may ask for prison visits to have legal consultations with client
defendants denied bail by courts and police are remanded to prison
judge and courts decide prison term for offenders

what happens in the court/sentencing council|?

contributes to law creation through judicial precedent and statutory interpretation
liaise with police and prisons to ensure the safe delivery of prisoners to court
arrange video links if a prisoner cannot attend court
prisoners held in court cells

what does the golden rule do?

avoids an absurd result in literal rule

what is the narrow approach of the golden rule?

the judge chooses the meaning when the wording is ambiguous eg out of two

What is the wide approach in the golden rule?

the court ignores the literal meaning of the word in the law

what does the probation service do?

arrests a prisoner recalled to prison whilst on probation
liase with police if there were any issues whilst a person is on probation
works with other charity organisations to help prisoners leave prison successfully and have support

what are the advantages of the golden rule?

it provides an escape route for court to not have to be stuck on literal rule
can be seen as following the true meaning of the law
judges still cannot change the law entirely they just correct the errors of the literal rule

what are the disadvantages of the golden rule?

no guidance of how to use it
holds parliament to very high standards
could go against separation of power e.g. the government should be in charge of the laws

main example of the narrow approach?

R v Allen

what happened in the case of R v Allen (1872) ?

Allen charged with bigamy (multiple wives), the court had to look up the wording of the act of marriage. 2 definitions of marriage - legal marriage or ceremonial marriage, the court chose the second meaning so Allen was guilty as he had 2 marriages and it was legally defined as a marriage.

What is the mischief rule?

It is used to determine the exact scope of the "mischief" that the statute in question has set out to remedy, and to guide the court in ruling in a manner which will "suppress the mischief, and advance the remedy".
gives the judge more power and has the courts to look at the law to look at what the gap f the law was intended to cover.

advantages of the mischief rule?

closes loopholes in the law
allows laws to develop
remedies law

example of the mischief law?

disadvantages of the mischief rule?

There is a risk that judges are filling the gaps with their own view on how the law should be shaped.
Using the mischief rule leads to uncertainty in the law.
It makes it difficult for lawyers to advise clients.
It is not as wide as the purposive approach.
It is not democratic.
It was created in a time when legislation was a minor source of law.

law creation?

criminal law is made in parliament.

What is the purposive approach?

The courts look to see what is the purpose of the law passed by Parliament, (and what is the context of this)

what are the advantages of the purposive approach?

gives effect to Parliaments true intentions
uses intrinsic aids
avoids absurd and harsh outcomes

what are the disadvantages of the purposive approach?

offers huge freedom of judges could offend the separation of power
can only be used if its possibly to identify parliament's intentions
works better for EU law than UK law.

relations within the CJS.

law creation - criminal law made in parliament
police enforce this law by arresting suspects
CPS advise police on appropriate charge
suspect brought before the court
defendant released on bail or remanded into custody
guilty plea has sentencing, not guilty has a trial which involves judge and jury
if convicted then a formal punishment is given by a judge and a sentencing council provides the guideline
convicted is sent to prison
prison service oversees welfare of prisoner
when released prisoner is overseen by probation service.

organization of the CJS

police
crown prosecution service
ministry of justice
prison service
courts/sentencing council
probation service

relationship between the police and MAAPA

the police work with probation and prison services, sharing information with other agencies to assess and manage violent and sexual offenders in order to protect the public from harm

relationship between the police and courts

ensure defendants are in police custody before court
police attend court to give evidence
police apply to courts for search and arrest warrants

license

break the terms of release and must return to prison

relationship between the police and CPS

the police seek advice from the CPS on the charging of suspects. both agencies work together in the prosecuting of offenders. the CPS offers the police 'CPS direct' - a 24 hour advice line

statutory interpretation

the process by which courts interpret and apply legislation

relationship between the police and probation

Both agencies work together in the management of an offender. This includes sharing of information and attending meetings.

a proposed law

bill

relationship between the HM prison service and the police

assist with arrangements to ensure that those arrested sentenced to custody are taken there. police will arrest a prisoner if they are recalled on license and must return to prison.

what does the judiciary take into account in order to to decide a fair sentence?

1. seriousness of the crime
2. harm caused to the victim
3. offenders level of blame
4. previous convictions of the offender
5. personal circumstances of the offender, including a guilty plea

What model shows:- Quick and efficient disposal of cases- Zero tolerance approach- Assembly line or conveyor belt- Right realism theory of criminality- Punish criminals and stop them committing further crimes- Deter crime through detection and conviction- Protect rights of victims- Enhanced police powers?

crime control model.

Which model shows:-
Presumption of innocence- Produce fairness- Promote the defendant's rights- Limit official oppression of the individual- Legislation that should produce obstacles to ensure a fair conviction- Left realism theory of criminality- A caring and equal society creates justice?

due process model

Which charity aims to improve the prison system?

prison reform trust

what are examples of internal forms of social control?

1. Traditions
2. Upbringing
3. Religion
4. Conscience
5. Rational ideology
6. Internalisation of social rules

what is internal social control?

These are the thoughts and views that we have of crime, linking to our morals and conscience.

Which theory from Unit 2 links to internal social control?

social learning theory

examples of external social control

1. Police
2. Parents
3. Teachers
4. Judges
5. Magistrates
6. Traffic wardens
7. Prisons
8. Religious leaders
9. Security staff
10. CCTV

what is external social control?

External controls are outside influences which make us follow the rules and not commit crime. They persuade or compell us to conform to the rules.

what is control theory

This is the idea that people do not commit criminal or deviant acts because there are factors that control their behaviour and desire or impulse to break the rules.

Which theorists relate to the control theory?

Walter C. Reckless and Travis Hirschi

what are the aims of punishment?

1. Retribution
2. Deterrence
3. Rehabilitation
4. Public protection
5. Reparation

what is retribution?

Retributions are not punishments for punishment's sake, but are the desire to ensure that the offender is adequately punished and doesn't commit crime any more.

What is rehabilitation?

Rehabilitation aims to change the offender and make them use their free will, or their own mind so they do not want to commit crime, but rather conform to the rules of society.

What is deterrence?

the attempt to discourage criminality through the use of general and individual punishment

what is public protection?

keeping society safe from dangerous people

what is reparation?

Providing compensation for the crime or repairing the wrong done.

what is denunciation

Reinforcing rules, including moral and ethical ideas, to show that society does not agree with a certain act and will not tolerate it.

which theory from unit 2 links to deterrence?

social learning theory

Which theory from Unit 2 links to public protection?

right realism

which theory from unit 2 links to reparation

left realism

Which theory from Unit 2 links to denunciation?

functionalism

what are the aims of imprisonment?

1. Retribution
2. Rehabilitation
3. Deterrence
4. Public protection/ incapacitation
   5.Denunciation

what are examples of community sentences?

Community payback (Unpaid work for 40-300 hours)- Treatment and programs (To help with addictions and mental health issues)- Restrictions (Such as a curfew, electronic tag or residence condition)

What is the crime control model?

A criminal justice perspective that emphasizes the efficient arrest and conviction of criminal offenders.

what is the due process model?

A criminal justice model that places primacy on the right of the individual to be protected from the power of the government.

due process on guilt?

innocent until proven guilty

crime control model on guilt?

guilty until proven innocent

features of the Crime Control Model of Criminal Justice

presumption of guilt
prioritising catching and punishing offenders
conveyer belt - quick
worth it for wrongful convictions
right of society and victims not suspects

Features of the due process model

right of the individual
assumption of innocence
guilty sometimes go free but its worth it
procedures are a necessary obstacle
less faith in police, more safeguards in place

what thinks of the right of the individual to be protected by the government?

due process model

what crime control model would the introduction of the human rights act 1998 be?

due process model

what crime control model would be double jeopardy rule be

crime control model

crime control model theory

Right realism The crime control model is a right wing, conservative approach to justice and it has much in common with right realist theories of crime. For example, like zero tolerance poicing strategies, it favours giving the police greater powers it invest gate and suppress crime

Functionalism The crime control model also has links with durkheim functionalism theory that punishment reinforces society's moral boundaries. As the main function or justice is to punish the guilty, this enables society to express its moral outrage and strengthen social cohesion.

due process model theory

Labelling theory -
The due process model is a liberal approach. it aims to stop state agencies like the police from oppressing people. As such it has links to labelling theory. The police may be tempted to act illegally, harassing groups that they label negatively as 'typical criminals". The due process model offers some protection against this because it requires the police to follow lawful procedures and not exceed their powers. it means innocent until proven guilty.

Left realism argues that oppressive 'militaristic policing of poor areas triggers confrontations and makes residents unwilling to assist the police. areas that are poor normally have bad relations w police. In the left realist view, police must follow due process by acting in a lawful and non-discriminatory way if they want to fight crime effectively, since this depends on the cooperation of the community.

due process model theory brief, what does it link to?

labelling theory and left realism

crime control model theory brief, what does it link to?

right realism and functionalism

what is social control?

The mechanisms a society uses to get individuals to conform, all informal and formal, internal and external methods used to produce conformity

what are the 2 types of social control

internal and external

what is internal social control

Controls over our behaviour that come from within ourselves from our personality or our values.

what is external social control

External Social Control refer to external pressures which persuade, or compel, members of society to conform to the rules eg education or family

who created the theory of the superego?

sigmund freud

what is the role of the superego?

the role of the superego is morality, an overactive one causes guilt, provides standards for judgement, concentrated on the ideals of the world

what does the ID operate on

pleasure principle; demanding immediate gratification