WJEC Criminology Unit 4

What stages does a Bill go through on its way to becoming law?

Bill may start either in the Commons or the Lords.

First reading

Second reading (debate and vote)

Committee Stage

Report Stage (Committee reports to the House)

Third reading (debate and vote)

All of the above repeated in the other House.

Royal Assent

The Bill then becomes an Act of Parliament.

Judicial Precedent

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

Example: Donoghue v Stevenson (1932): Mrs Donoghue suffered nervous shock upon discovering a decomposed snail in her bottle of lemonade. The court decided that the manufacturer of the lemonade owed a "duty of care" to Mrs Donoghue.

Statutory Interpretation

Judges create law when they interpret the wording of statutes.

Example: Whitely v Chappell (1868): The defendant was charged with the offence of "impersonating any person entitled to vote". The defendant had pretended to be a person not on the electoral register because the person had died. The court held that the defendant was not guilty because dead people are not entitled to vote.

What is the relationship between the following agencies of the criminal justice system?

- Police

- The courts

- Crown Prosecution Service

- National Probation Service

- Government departments.

- Police: They work with the CPS to bring prosecutions. Police officers often give evidence in court. They provide protection for vulnerable witnesses.

- HM Courts and Tribunals Service: Judges create law through judicial precedent and statutory interpretation. The prison service holds prisoners attending court and arranges their transfer to and from prison.

- Crown Prosecution Service: They advise the police on charging suspects. They prepare the prosecution case.

- National Probation Service: They liaise with the police if a prisoner needs to be recalled to prison. They oversee prisons who have been released on licence. They supervise community sentences.

- Government departments. Ministry of Justice oversees the courts. The Home Office oversees the police.

Due Process model of criminal justice

The justice system should safeguard the rights of the individual to reduce the chance of wrongful conviction.

The justice system should be an obstacle course rather than a conveyer belt.

There should be a presumption of innocence.

How does the law support the due process model?

All interviews are now recorded.

Suspects have a right to legal representation.

PACE (Police and Criminal Evidence Act)

Crime Control Model

The priority is to punish criminals and to stop them committing further crimes. It supports enhanced powers for the police and prioritises the rights of victims over those of suspects.

The justice system should be a conveyer belt.

Presumption of guilt.

Prioritises the rights of victims rather than criminals.

Internal forms of social control

Conscience: Your conscience or anxiety gives you feelings of guilt.

Tradition: Religion or culture.

Fear of disapproval

External forms of social control

Agencies of social control (e.g. police, courts, prisons) impose rules and punishments on us.

Individual and general deterrence

Individual: Punishments imposed on offenders to prevent them committing future crimes.

General: The fear of punishment which prevents others from committing crime.

Travis Hirschi (Four types of social bonds)

He believed that it is important for people to form social bonds to prevent criminal behaviour.

Attachment: Positive relationships with parents, schools and peer groups.

Commitment: Commitment to future goals, e.g. having a good job and a nice house.

Involvement: Involvement in social organisations and activities.

Belief: Belief in society's values.

What are the aims of sentencing?

According to the Criminal Justice Act (2003):

- Punishment

- The reduction of crime

- Reform and rehabilitation

- Protection of the public

- Reparation

Retribution

Aiming to punish an offender. It contains an element of revenge. It is backward-looking.

Example: sentences for theft.

Rehabilitation

Reforming offenders so they can be reintroduced into society. It is forward-looking.

Example: Community service.

Deterrence

Aims to dissuade the offender, or anyone in society, from committing crimes through fear of punishment.

Example: Sentences after the London riots.

Incapacitation (public protection)

The idea that some punishments serve a useful purpose because it protects the public from people who are dangerous.

Examples: Imprisonment, castration of sex-offenders in the USA.

Reparation

Getting the offender to pay back to the victim or to society.

Examples: Payments of a sum of money to the victim, repairing damage, meeting face-to-face.

Does imprisonment meet the aims of punishment?

Life sentences provide retribution (the offender gets his "just desserts".

Indeterminate life sentences protect the public because such people will never be released.

Releasing prisoners on licence could help rehabilitation.

Major cuts to prison budgets (19%) mean fewer educational programmes, or drug/alcohol treatment.

Parole board

An independent body which carries out risk assessments on prisoners to determine if they can safely be released into the community.

Do community sentences meet the aims of punishment?

Three quarters of people sent to prison had at least one previous community sentence, suggesting that community sentences are not effective at preventing reoffending.

How do criminological theories link to the aims of punishment?

- Retribution

- Public protection

- Rehabilitation

- Reparation

- Deterrence

- Retribution (rational choice theory and deterrence)

- Public protection (biological theories)

- Rehabilitation (operant learning theory. cognitive theory)

- Reparation (labelling theory, functionalism)

- Deterrence (rational choice theory)

Do financial penalties (i.e. fines) work?

61% of fines are either written off or remain uncollected. Many fines are written off because offenders cannot be traced.

In 2019 there were £2bn of unpaid fines.

PCSOs (Police and Community Support Officers)

People who give up their spare time to support the police. They work on the frontline tackling anti-social behaviour. They do not have powers of arrest.

What are the functions of the CPS (Crown Prosecution Service)?

To decide which cases should be prosecuted.

To determine appropriate charges.

Prepare cases and present them in court.

Support victims and prosecution witnesses.

What two tests are used by the CPS when deciding if a case should be brought to trial?

Evidential test: Is there enough evidence against the defendant to provide "a realistic prospect of conviction"?

Public interest test: Is it in the public interest to bring a prosecution?

Effectiveness of the CPS

80% of defendants are convicted

Reported rapes rose by 60% but convictions fell

CPS budget has been cut by 25%

Why is Lord Janner an example of a failure of the CPS?

Lord Greville Janner escaped prosecution for serious sexual abuse of boys because of failings by the CPS and police.

https://www.youtube.com/watch?v=VWVe6WryOaY

https://www.youtube.com/watch?v=7NxmpEyXuWk

https://www.youtube.com/watch?v=FYG_DnHcI-w

Judicial Independence

Judges must make decisions solely on the basis of law, evidence and facts.

Judges may not join political parties or pressure groups.

They must declare conflicts of interest.

Aims of the prison service

To provide punishment in the form of deprivation of liberty.

To attempt to rehabilitate prisoners so they can return to society.

Effectiveness of the police

Crime is increasing, but fewer crimes are being solved.

Police over-reacting to "non crime hate incidents" or high-profile cases like Cliff Richard.

Major cuts in police budgets

Why is the disorder in Cromer (2017) an example of the failings of the police?

During a weekend of anti-social behaviour in the seaside town, police recorded 37 crimes including rape, theft and assaults. However, at the time, police failed to provide support to locals because they classed it as "low level disturbance".

https://www.youtube.com/watch?v=f2jZ0pDUFEk

Privileges in prison

All prisoners enter prison at standard level. Through good behaviour, they can earn privileges such as having a TV in the cell.

Aims of the probation service

It aims to supervise and rehabilitate high risk offenders who have been released into the community.

Effectiveness of the probation service

Privatisation failed (19 out of 21 companies failed to meet their targets)

Crime Prevention Through Environmental Design (CPTED)

The idea that crime results partly from the opportunities presented by the physical environment, so it should be possible to alter the physical environment so that crime is less likely to occur.

Principles include "Defensible space" and "Territoriality", e.g. clear boundaries.

Examples of CPTED

Creating open spaces with good lighting.

A lack of hiding places.

Low level bushes allowing a visible sight line.

Gated lanes

Gates installed at the entrance to rear alleyways to deter burglars.

ASBOs (Anti Social Behaviour Orders)

A court order obtained by local authorities to restrict the behaviour of a person likely to cause harm or distress to the public.

Criminal Behaviour Order

An order tackling the most serious anti-social individuals when their behaviour has brought them before a criminal court.

Token economy

A scheme to increase desirable behaviour and decrease anti-social behaviour through the use of tokens which can be exchanged for objects or privileges..

They are often used in prisons.

What gaps in state provision can prevent laws being implemented?

Unreported crime

Budget cuts

Laws which prevent other laws being implemented (e.g. Human Rights Act)

Recidivism

The tendency of convicted criminals to reoffend.

Examples of crimes committed by those with a moral imperative.

Assisted suicide: Kay Gilderdale administered drugs to her daughter to help her to die.

Anti-vivisection protestors: Luke Steele, head of the Anti-vivisection Coalition, has twice been imprisoned for attacks on laboratories and harassment of laboratory workers.

Suffragettes

BLM

Just Stop Oil

What evidence is there that prisons are not effective?

The number of people recalled to custody has increased.

The UK has the highest imprisonment rate in Western Europe.

Social control is not maintained in prisons, e.g. the increase in prison disturbances and the widespread use of drugs.

Examples of campaigns by charities

NACRO: End Friday releases. Ban the Box.

Effectiveness of charities

They rely on donations.

They may not have a local reach (e.g. nearest NACRO to Sudbury is in Colchester.

Effectiveness of judges

Pale, male and stale (60% are male)

Bias: Lavinia Woodward.