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Durkeheim
punishment serves to heal the wounds done to the collective sentiments as there is a change from retributive to restitutive justice
pre industrial society had retributive justice which was very visible and acted as a deterrent with things like public hangings and branding. entire towns and and villages would watch public executions due to its communal nature
post industrial society is focused on restitutive justice in which each individual has been socialised differently into different norms and values and therefore society functions better if individuals are compensated for their crime s
History of punishment
18th century
public hanging as main punishment and over 200 crimes resulted in hanging including minor crimes
19th century
public executions were still common howver prisons start to be built with 90% of crimes resulted in prison by 1899
20th century
prisons become the dominant form of punishment and to prevent overcrowding there is a range of other punishments for minor crimes such as fines and tagging and house arrests. death penalty is abolished in 1965
prisons today
The Prison population rose from 60,000 in 1997 to 77,000 in 2006 and 83,000 in 2007. But has decreased slightly and in 2020 was 79,000. in 2023 its 95,000
The UK has more life sentenced prisoners than whole of the rest of western Europe combined (Prison Reform Trust 2018)
Roger Mathhews
prisoners act as ‘universities of crimes’
prisoners learn how to diversity their crime portfolio
prisons are essentially warehouses where issues of offending are rarely addressed, reform or rehabilitated
many prisoners are drug addicts or mentally ill making prisoners unsuitable places for them
A03 of functionalist view of punishment
E. Solomon- over 50% of the prison population are in prison for these crimes
Morgan- 75% of ex-inmates reoffend within 9 years and 40% reoffend within the first 12 months.
high rates of recidivism
Melossi and Pavarini
Capitalism puts a price on workers time so to ‘do time’ is to ‘pay for’ their crime.
Both prisons and factories have strict disciplinary
A02/A03 of Melossi and pavarni
David Downes- Prisons soak up about 30-40% of the unemployment so for capitalism it is more successful. hides the failings of capitalism
Zahid Mubarak- In 2000 Zahid Mubarak was a British Pakistani received a 90 day imprisonment sentence after stealing from cars. On his 89th night, he was battered and killed with a table leg by his cell mate Robert Stuarts who was a racist psychopath. They were placed in the same cell due to under staffing and over crowdedness.
Carabine et al- argue that contemporary prisons create problems in food, sanitations, education and work opportunities.
A03 problems with prisosns
New Labour: ‘tough on crime, tough on the causes of crime’
harsher punishments including longer prison sentences which leads to overcrowding of prisons
cons coalition 2010- cut the size of government , austerity
A03 of who ends up in prisons
Sayer- m/c and r/c can exploit the loopholes such as settlements and so w/c are more likely to be prosecuted
Gordon- crime is a rational response to exploitation, thus the working class are targeted disproportionately more and caught more.
Ciroucel- typifications and selective law enforcement. this causes more marginalised groups to be disproportionately caught more
Heidensoohn- women commit less crime and are more controlled and therefore men are more likely to end up in prison
Heidensoohn
women commit less crime and are more controlled and therefore men are more likely to end up in prison
Prison stats on ethnic minorities
Black Americans make up only 13% of the population but make up 37% of the prison population
black makes are 6x more likely to be in prison than white males
Hispanic and Native Americans are tiwce more likely to be in prison than white males
Garland
It ceases to be the incarcerated of individual offenders and become the systematic imprisonment of whole groups of the population. In the case of the USA, the group concerned is, of course, the young black males”. - Links to cicourel
Transcarceration
when someone enters an institution such as young offenders prisons there is a higher likelihood that they will end up in prison in later life
this also includes things like social services and mental institution
Instituionalisation
doesn't know how to live outside prison
they have a criminal record which prevents them from being able to reintegrate into society and so they choose to commit crime as they cant live in society
high status in prison doesn't equate to high status in the real world
raithwaite
blaming the act and not the individual, label attached to the act and less blame on the individual
Hirschi
control theory
Most people don’t commit crimes due to four controls in their lives:
Attachment: attachment to family and peers, strength of social bonds
Commitment: commitment to work or religion
Involvement: involvement in different activities such as sports and societies
Belief: beliefs in religion or morals and status quo
policies relating to Hirschi’s control theory
neighbourhood watch- increases involvement in the community
more parent responsibility - cameron after london riots ‘ parents, do you know where your children are’
supervision of offenders- reinforces moral codes in society
ASBOs - encourages commitment
Zero tolerance policing - reinforces moral codes in society
more policing and arrests - reinforces moral codes in society
eval for hirschi’s control theory
does not explain why people commit crime even with strong bonds
interactionism- people with strong bonds commit crimes e.g Lucy Letby. the m/c are just as criminal but don't get labelled as much
functionalist apprach to crime control
Durkheim
reaffirming boundaries : it reinforces what behaviour is not accepted in society
changing values: control over sexuality
social cohesion - ti brings community together against the deviance and unite people as it creates a general consensus makes society grateful for the measures of control in place
safety valves - deviant acts as a pressure release which demonstrates the level of control still in place as it prevents the deviant acts from becoming criminal
Marxist approach to crime control
ALthusser- Repressive state apparatus and ideological state apparatus
repressive is the official wars of enforcing the norms and values of the bourgeoisie : formal
Feminist approaches to crime control
Heidensohn- control theory for women
women are controlled by work- the glass ceiling
home- gender roles
public - they dont go out late at night in fear of sexual assault, controlled especially by the laws
Disciplinary power
in modern times we are no longer policing the body of individuals but rather policing their minds and soul
increasingly done through the cctv and surveillance, education, workplace
not only are we constantly being watched we also do not know when we are being watched and so surveillance has become self surveillance and therefore discipline has become self discipline
punishment is structured, organised and routine
main purpose is self surveillance and discipline
Bentham
Panopticon
prisoners practise self surveillance as guard tower flashes bright lights macking it ambiguous if guards are in a tower
this is seen through how people represent themselves online
the level of cctv cameras present even if they do not work
goffman
eval
criticism of foucault
- states that prisoners often find ways of resisting controls in prisons. neglects the expressive (emotional) aspects of punishment
Daniel Khalife
eval of foucault
extremely strong contribution as he created discussions on self- surveillance and assessed the impact of technology on control
public humiliation still exists through the media e.g cancel culture
Western centric view because sovereign still dominates many countries - he would counter this as in less developed countries sovereign power this would be the best way to maintain control
CCTV displaces crime rather than preventing it - Norris
Gill and Loveday - very few robbers thieves and burglars, shoplifter are put off by CCTV
Koskela
CCTV used to justify male gaze as it gives men more power over women.
this is a male dominated industry and women commit less crime and so it doesn't justify the level of scrutiny placed on women
Mathiesen
Foucault is outdated whereas panopticon system as the few monitored the many but now many monitor the few
A03: matt Handcock
Thompson
for those in power. e.g politicians, this type of surveillance is endangering as they are held more accountable. Media can uncover and access politicians easily as it can damage the status quo
McCahill
hierarchies of surveillance
bottom up surveillance is not always possible
those in power still control the discourse and have more power over the individuals as seen through anti terrorism police having the power to confiscate phones and cameras.
Mann et al
police are benign surveyed
‘sousveillance’
individuals are able to police the police as seen through the murder of george floyd
Haggerty and Ericson
Assemblages
a collection of things
two types of tech benign combined and used together to provide twice the data on individuals
eg. biometric scanners or ring doorbells being able to survey the delivery of parcels as well as being able to call the police
Acturial justice and assessment
predicting the likelihood of an individual to commit crime such as age, ethnicity, gender, religion and location
airport screen compile risk factors lead to stop and search
insurance companies use these factors to determine the risk of using
Freely and Simon
argue that new ‘technology of power’ is emerging which is different from Foucault’s disciplinary power.
It focuses on groups rather than individuals
It is not interested in rehabilitation of offenders but preventing them from offending
It uses calculation of risks or actual ‘actuarial analysis’.
predicting who to surveil
A03:
In predicting who to surveil and predicting risk - it leads to institutional bias
BBC news found insurance was 1/3 higher in a ethnically diverse area compared to a majority white area (despite these areas being next to eachother)
eval of acturial justice
Young: left realist, calls this damage limitation as it reduces the risk of crime by using statistics
marxism : the categorisation of the individuals into groups is problematic as the bourgeoise determine what is criminal and the statistics used
only targeting certain groups which means that the statistics will only show one group of people
Becker: the labelling leads to a self fulfilling prophecy and encourages deviancy
Clarke
Rational choice theory
onsequences vs rewards
proves that crime is a calculated choice- the easier the crime the more likely criminals will commit the crime
solution
the solution would be situational crime prevention such as target hardening, increasing surveillance
Felson
‘Design crime out ‘
things like putting hand rails on benches to prevent vagrancy
removing public bathrooms means that there are less places to take drugs and take part in public indecency
led the overhaul of the New York authority bus terminal. in the bus terminal they was criminal and deviant behaviour such as drug taking, public disturbances and public indecency
in response they redesigned the entire bus terminal to make the crimes less likely to happen
application of Felson design crime out
A03: home office 'don't advertise your home’ campaign
Eval of situational crime prevention
only reduces certain type of crimes
focus more on petty street crimes
assumes that people make a rational choice when commiting crimes
it does not deal with the root causes of crime
Gill and Loveday- found that very few robbers, burglars, shoplifters are putt of by CCTV
Norris- CCTV does not always prevent crime and this you could link to cognitive maps
Chaiken et al
displacement of crime
Spatial:
the crime moves somewhere else and to a different space
Temporal:
the crime moves to a different time
Target:
chooses a different victim
Tactical:
change the method - may lead to crimes becoming more severe
Functional
change the type of crime
Wilson and kelling
Broken Windows theory
one broken window leads to many broken windows as the consequences are seen as less severe
deterioration of environment attracts criminals and crime as its seen as an area where you can get away with crime
links to cognitive maps- where individuals know where the best places to commit crimes are.
solution
zero tolerance policing and environmental crime prevention
improving the environment deters criminals such as blocks of flats not having anymore than 3 storeys and reducing shared areas such as lift shafts
communitarianism- idea that the community is responsible for cleaning up their environment
zero tolerance policing as the punishment of minor crimes harshly major crimes don't happen and therefore this acts as an effective deterren
solution for Wilson and Kelling zero tolerance policing
zero tolerance policing and environmental crime prevention
improving the environment deters criminals such as blocks of flats not having anymore than 3 storeys and reducing shared areas such as lift shafts
communitarianism- idea that the community is responsible for cleaning up their environment
zero tolerance policing as the punishment of minor crimes harshly major crimes don't happen and therefore this acts as an effective deterrence
A02 for zero tolerance
In NY Kelling was advising police on the ‘clean car programme’, cars with vandalism were taken off the road immediately and can only return once cleaned.
Kaizer et al
Letterbox experiment
13% of passers- by stole the envelope with graffiti this rate raised to 27% and with litter to 25%
Young
Eval for zero tolerance policing
zero tolerance success is a myth by politicians and police to take credit for falling crime
crime rates were falling before the zero tolerance policies
it allows the police to use their power and ‘label’ individuals
eventually you may end up with ‘military policing’ as it would not be for the benefit of the public but for the benefit of themselves as they are ruling through the threat of crimes
other eval points for zero tolerance policing
only focuses on street and petty crimes
gives the police power to discriminate and marginalised
it focuses too much on punishment rather than dealing with the cause
its reactive rather than proactive
it leads to the displacement of crimes- Chaiken
lea and young -tackling the root causes of crime
structural causes of crimes such as poverty, unemployment, relative dep and marginalization
They are similar to right realism as they acknowledge that crime is a growing problem and their reliance on official crime statistics which are used to inform policies.
they recommend the New Deal, Free school Meals
the square of crime - M+Y , introduce democratic
A02 for Lea and young tackling the root causes of crime
minimum wage- introduced in 1998, by 2024 minimum wage will be £11.44
EMA - encouraged post 16 education to attend all lessons with £30 a week incentives. it went directly to the child
Free school meals - introduced by cons government by david cameron which stops crime out of necessity
Lea and young - policing and control
Police should be accountable to the public
they should take a multi- agency approach to prevent crime through informal agencies like family and education and healthcare
through community outreach programmes and suspicious inquiries on children in healthcare, social services, Midwife House checks. agencies are checking each other
Matthew - square of crime
allows for everyone's perspective to be considered when creating policy to tackle crime
everyone becomes responsible for crime prevention, crime and rehabilitation due to the impact everyone has on policy
democratic policing - Lea and young
links to Braithwaite- Reintegrative shaming to which they shame the act and not the offender
(AO3) did New Labour policies support Left or Right Realist ideas?
Introduction of ASBOs in 1988 which were given for vandalism, disturbing the police Right realist
ABC 1999- acceptable behaviour orders were given to young people to get them to admit they had done something wrong. Parents decided if their child was to have an ABC- Left realist
Parenting contracts and orders 2006 - parents were forced to attend parenting classes if their child had committed a misdemeanour, and if they didn't attend they were to be punished - Some left realist
Curfews - banned people from going to certain places at certain times: called the separate and dispersal act of 2004, - Right realist
eval of new labour polices
many new labour policies don't exist
disintegrative shaming in the UK e.g sex offenders registers
ineffective and easily breached
some were seen as a badge of honor.
Eval of left realism
impractical to assume that victims would want to interact with the offenders
expensive to implement these policies
due to the pre existing tensions and distrust between the police and the public e.g boroughs of Liverpool not communicating with the police
EM’s especially black people don't trust police as they are more likely to be marginalised by the police as seen through the george floyd murder
Olivia pratt
Korbal, 8 yr old shot, no one gave information on the death until incentives were offered due to mistrust in the police.
Kinsley et al
the police would have to drastically improve their clean up rate to gain public trust
Henry and Milovanovic
left realism focuses on the state definition of crime and doesn't take a transgressive approach which mean that there is a disregard for crime that doesn't cause direct harm such as white collar crime
a03 analysis for who is more likely to be a victims of crime
The 2018 CSEW showed that nationally about 1 in 4 people experienced a crime against themselves or home
Those most at risk of violent crimes were young men (aged 16-24, full time students and the unemployed.
The risk for people aged 75 or over was just 0.4 %.
social construction of victimization
many unreported and unrecorded crime
police construct who a victim is
the court also have the power to decide who is a victim
victimless crimes- white collar crimes such as fraud and tax evasion are seen as victimless as they have no direct victim
individuals are not aware they are a victim of crime
people can refuse the label of victim
Positivist victimology
the characteristics people may have that make them more susceptible to being a victim of crime
Tierney
positive victimology looks at the circumstances and characteristics that make an individual more prone and likely to participate in being a victim of crime
Hentig
Looked at how there were 13 characteristics that made an individual more likely to be a crime
argued being a woman, elderly, mentally and physically ill and location in which individuals lived in
Miers
identifies positivist victimology as having three features:
Aims to identify the factors that produce patters in victimology (what makes groups/individuals more likely to be victims?)
Focuses on interpersonal crimes of violence- person on person crime such as stabbings or theft, they allow us to know who the victim of crime is
Aims to identify victims who have contributed to their own victimisation.
wolfgang
studied 588 homicides in Philadelphia and found that 26% of victims precipitated their attack
they were the ones who initiated the violence
evaluation of positivist victimology
Highlights link between characteristics of individuals and likelihood of being a victim of crime
victim blaming - Amir found that in ⅕ of rape cases the vicitim precipitated the attack i/e ‘ the victim was asking for it’
1% of all rape accusations end in convictions
looks at who is most likely to be a victim of crime but no the impact on the individual
ignores crimes where victims are unaware that they are victims
those who do fit the characteristics are not all victims of crimes especially the study done by Hentick is outdated
ignores the structural factors such as poverty, homelessness, unemployment
critical vicitmology
Based on structural factors like patriarchy and poverty
The state has the power to deny victims of labels of being identified as a victim.
Victim is a social construct, the same way criminal is. The CJS decides who gets the label of victim. i.e. When a police officer does not prosecute a husband for domestic violence, they have denied her the status of ‘victim’
mawby and Walklate
gue that victimisation is a form of structural powerlessness.
AO2: Walklate-
idea that the state has the power to apply and deny the label of victim
the idea that victimhood is a social construct through things like the CJS, the police the courts
e.g if police do not wishes to record DV as a crime, the husband does not get the label of criminal and the wife does not get the label of victim
Tombs and whyte
talks about the safety of crimes at work
employers are protected by laws when incidents happen at work
label criminal instances at work as an accident which allows them to deny the criminal label and deny the victim the victim label
Snider: the rich make the law
hierarchy of victimology
there are levels of status in victimhood
this is based on age, occupation and gender
the powerless ( the ability to influence policy and government) are most likely to be a victim of crime and yet are the least likely to be recognised by the state
A02
Grenfell
2017, burnt due to flammable cladding
victims had a low status and most were w/c with a huge migrant population which by extension meant there were plenty of e/m
they were denied the status of victims and until 2021 for all the victims to be rehoused
eval of critical victimology
disregards the role of victims bringing victimisation to themselves, e.g not making their homes more secure- positivist critics
its valuable in us understanding how the powerful can construct who ‘victims’ are benefitting the powerful as the expense of the powerless
Gender and victimisation
Men are more likely to be victims of violent street crimes- Problems- often not reported particularly men- Crime stats not reliable so how do we know that women are more likely to be victims of sexual and domestic crimes?
Around 70% of homicide victims are male
Women more likely to be victims of rape and domestic violence
2012-13 published by ONS estimated around 1.2 million women suffered domestic violence
There is one incident of domestic violence reported to the police every minute and 2 women are killed each week by a current or former partner
Waklate A02
Women make up 92% of all rape cases- 2 out of 3 do not report it though.
crime happens
they have to repeat and relieve the experience the court room
Ruth coppinger case
rotests in Ireland against sexual consent unfolded after a man was acquitted of raping a 17-year-old, with the defense citing the victim's clothing as a factor. An Irish MP, Ruth Coppinger, highlighted the issue in parliament by displaying a lace thong, condemning the "routine victim-blaming" prevalent in such cases.
secondary victimization
highlighting the issues of positivist victimology- victim blaming
Adler
single mothers are less likely to be believed in court compared to married mothers and men
ethnicity and crime
SEW and Home Office statistics show minority ethnics are more likely to be victims of most crimes than whites
All minority ethnic groups are likely to be victim of burglary and vehicle theft than whites
Black and Indian ethnic groups are more likely to be robbed
Blacks more likely than white to be assaulted or murdered
The BCS estimates that both Black and Asian were up to 14 times more likely to be victim of a racially motivated incident than white people
why men are more likely to be vicitims of crime
Mcrobbie - Bedroom culture - girls are being tightly controlled and so less likely to be a victim of crime
subcultures ( lea and young)
status frustration cohen
miller focal concerns
feminisation of the economy and the crises of masculinity ( winlow, Mac and ghail, Messerschmidt)- taking jobs that put them in dangerous positions such as bouncers which means they are more likely to be a victim of crime
messerschmidt- hegemonic masculinity
unemployment : men are more likely to be the breadwinner and so when unemployed more likely to put themselves in positions of trouble to provide for their families
Sutherland
differential association
people in urban areas commit crimes due to ‘differential association: if someone interacts with other lawbreakers, they are likely to follow suit and more likely to be a victim
Frequency- How often an individual spends time with a criminal
Duration- how long they spend time with these criminals
Priority- how important these criminals are to them
Intensity- how important crime is to the individual who are hanging around with,
wilson
: found that young people are the group most likely to be victims of crime
In 2003- a separate Crime and Justice survey was conducted with 10-15 year olds- 35% of 10-15 year olds had been victims of at least one personal crimes such as assault, robbery or theft
CSEW only looks at adults aged 16 and over and therefore under 16’s are being denied the status of victim
social class and vicitmisation
AO2- Areas with high levels of deprivation- 2014/15 CSEW found the 20% of poorest areas face twice the risk of being a victim of burglary and nearly double the risk of vehicle-related theft
Poorest in society tend to be most likely victims of crime. The hard pressed- unemployed, long term sick and those living in rented accommodation- most likely to be a victim of crime
according to left realists they due to the structural issues related to relative deprivation they are more likely to place themselves in situations where they have to commit crimes
right realism would argue that environments they reside in have more crime and so they are more likely to be victims of crime
Areas with high levels of deprivation- Wilson and kelling Broken theory more crime would equal to more victims
inverse victimization law
people with the least amount of valuable items are most likely to be a victim of crime and on the flip side those who have the most valuable goods are the least likely to be a victim of crime as they are most likely to be protected
A03: stormzy getting the police called on him
A02 for victims of white collar crimes
some point
A majority of people in a recent survey – 70% – believed that white collar crime contributed to the Great Recession of 2008-2009
Newburn and Rock
survey found that of 300 homeless people, they were 12 times more likely to have experienced violence than the general population. On eight in ten had been urinated on when sleeping
Sir philip green
owned BHS which had a private pension fund and they went into administration and BHS and private pension fund became liquidated. employees paid into a pension scheme for 30 years and so Sir philip green took the pensions and employees received nothing
Sociological Explanations:
Sayer: rich include loopholes in laws to take advantage of the system
chambliss: capitalism is criminogenic, ‘ dog eat dog’ society
tombs and whyte
Health and safety regulations
label crimes as accidents to deny the status of victim
Awaab Ishaq- 2yo died from breathing in too much black mould, courts found that the house was deemed unfit for human habitation, Landlord faced punishment
Box
deology that corporate crimes are less widespread or harmful than working class crime is capitalism's control of the state. ‘Mystification’.
Kareem Seregeldin- 2008 financial crash only one person went to prison
feminist effects of victimisation
Brownmiller- women live in fear of being attacked e.g Sarah Everand
Heidensohn- women are therefore more likely to be controlled due to victimhood label
alklate (2004)- Secondary Victimisation in rape trials
women are victims twice such as when the crime is committed and when they have to say it
Hoyle
l ots of effects other than physical harm and material loss.
Anger
Anxiety
Fear
Depression
Withdrawal
Panic attacks
PTSD
Feelings of powerlessness
