Criminology Unit 4

Unit 1.1

Where does a Bill typically start?

The House of Commons

Unit 1.1

What is a Green paper?

When a new law is considered, a Green paper is released for public consultation

Unit 1.1

What is a white paper?

A formal proposal with amendments based on public response/consultation.

Unit 1.1

What happens at the First reading?

The name of the Bill and it's main aims are read out and a formal vote it taken

Unit 1.1

What happens at the Second reading?

The main debate takes place followed by a second vote

Unit 1.1

What happens at the Committee stage?

A closed group people look closely at the Bill to address any issues and suggest amendments

Unit 1.1

What happens at the Report stage?

The Committee reports back to the full house

who then vote on the proposed amendments

Unit 1.1

What happens at the Third reading

The final vote on the BillIf the Bill proceeds,

this process is repeated in the House of Lords, who can send the Bill back to the House of Commons if they are unhappy with it.

The Houses can send the Bill back and forth until both parties are happy with it

Unit 1.1

What happens at the Royal assent?

The monarch signs the Bill. they cannot refuse as it.

Unit 1.1

What is judicial precedent?

Law made by judges in courts.

When a case appears before them they must make a judgement and this forms the law.

has a hierarchy of courts Decisions made in a higher court creates an original precedent for all lower courts

Unit 1.1

What are the exceptions of judicial precedent? Distinguishing definition

the judge finds the facts in the present case are different from the previous one

and will allow them to reach a different decision and not follow precedent.

Unit 1.1

What are the exceptions of judicial precedent? overruling definition

where a court higher up the hierarchy states that a legal decision in an earlier case is wrong and overturns it.

UNIT 1.1

The definition of judicial processes of law making: Statutory interpretation

Judges can make laws by the way they interpret the statutes or Acts of Parliament.

UNIT 1.1

The 3 rules of judicial processes of law making: Statutory interpretation

The literal rule

The golden rule

The mischief rule

UNIT 1.1

The Literal rule definition

Judges should use the everyday meaning of the words in a statute BUT-words can have several meanings.

Eg. R v Maginnis (1987)-case involving illegal drugs-different meanings were found for the word supply.

UNIT 1.1

The golden rule definition

The literal rule can sometimes lead to an absurd result.

The golden rule can be applied to avoid this happening.

In the case Adler v George (1964) Adler stated he had not broken the law because he was not literally in the vicinity of a prohibited place but was actually in it.

The court chose to apply the golden rule to avoid an absurd result and Adler was convicted.

UNIT 1.1

The mischief rule definition

The mischief rule allows the court to enforce what the statute was intended to achieve, rather than what the words actually say.

In Corkery v Carpenter (1951) , Corkery was found guilty even though he had been in charge of a bicycle

Unit 1.2

name the 5 areas of the criminal justice system

1. police

2. courts

3. crown prosecution service

4. prisons

5. national probation service

Unit 1.2

what is the role of the police?

to arrest offenders

protect victims/the public

to enforce criminal law.

They investigate crimes.

Unit 1.2

how does the police work with other agencies? 3 points

1. work with courts - making sure defendants attend and often giving evidence in court

2. work with probation in the management of an offender

3. work closely with CPS in the charging and prosecuting of offenders

Unit 1.2

what is the role of the courts?

oversees the work of:

1. HM courts and tribunals service

2. probation services

3. prison systems

Unit 1.2

what is the role of the HM courts and tribunals service?

responsible for the administration of criminal, civil and family courts tribunals

Unit 1.2

how does the HM courts and tribunals service work with other agencies? 3 points

1. contributes to law creation through judiciary precedent and statutory interpretation

2. works with police to ensure safe delivery of prisoners to court

Unit 1.2

what is the role of the CPS?

prosecutes criminals that have been investigated by the police

Unit 1.2

how does the CPS work with other agencies? 2 points

1. advise the police on charging a suspect2. appear in the courts to conduct the advocacy of a case

Unit 1.2

what is the role of the His Majesty's Prison Service?

keep offenders who are sentenced in custody

Unit 1.2

how does the HMPS work with other agencies? 2 points

1. if the defendant's denied bail by police or court they get sent back to prison

2. work with probation services if prisoner is released

Unit 1.2

what is the role of the national probation service?

responsible for watching offenders in the community after being released

Unit 1.2

how does the national probation service work with other agencies?

1 point

1. they work with police because the police arrest prisoners while on probation - if it is breached and take them back to prison.

Unit 1.2

what is the role of the sentencing council? 1 point

1. work with judiciary and other legal professionals to produce guidelines on sentencing

Unit 1.2

what is the role of campaigns for change?

aim for social change by giving those without one a voice

Unit 1.2

how do campaigns for change work with other agencies? 1 point

1. can work with various agencies to support effective change

Unit 1.2

summarise the criminal justice procedure in 4 steps

1. police arrest a suspect

2. suspect appears in court for a trial to determine if they are guilty

3. if found guilty could be sentenced to prison for a term determined by judge

4. once released from prison are overseen by probation service.

Unit 1.3

What are the 2 models of the criminal justice system?

- Crime control model - Due process model

Unit 1.3

What is the crime control method?

they are presumed guilty

The crime-control model emphasises the quick processes of defendants

punishment of offenders according to the severity of their crimes.

Unit 1.3

what 2 theories link to the crime control method?

- Right realism - e.g links with zero tolerance policing, it favours giving the police greater powers to suppress crime.

-Functionalism - links because it believes that punishment reinforces societies moral boundaries.

Unit 1.3

what are the 2 laws that support the crime control method?

1. Allowing courts to consider bad character as evidence

2. Removal of double jeopardy law for serious offences

Unit 1.3

Outline a case example that used crime control method

Rachel nickel murder - Colin Stagg: Police used Lizzie James undercover letters to try and obtain a conviction.

Unit 1.3

What are the 3 main principles of the Due Process model?

The due-process model focuses on the rights of the defendant

human Rights Act 1998: presumed innocent until proven guilty,

aims at individualising rehabilitation programs for those found guilty.

links with left realism - believes that police should follow due process by acting in a lawful way in order to stop crime

Unit 1.3

Give an example of a case which links to the due process model

Sion Jenkins: appealed 3 times which shows presumption of innocence and time spent on one case.

Unit 2.1

in 3 brief points, describe the meaning of Social Control:

- the techniques and strategies for preventing deviant human behaviour in any society.

- for society to function smoothly, people need to behave more or less as others expect them too.

- Society has various means of achieving control over its members' behaviour - which can be grouped into 2 main forms:

- internal social control

-external control

Unit 2.1

what is internal control?

this is a process which has control over our behaviour from within ourselves. e.g personalities and values etc

Unit 2.1

How does Freud's psychoanalytic theory link to internal control:

· according to freud psychoanalytical theory, we conform to societies expectations and rules because the super-ego tells us to do so.

· Along with the id and the ego, the superego forms part of our personality.

· Our superego tells us what is right and wrong and inflicts guilt feelings on us if we fail to do as it urges.

Unit 2.1

Rational Ideology is a form of Internal Social Control. What is it?

The idea/belief that your conscience guides you to reach a solution and follow the rules through the use of feelings like guilt, anxiety and worry

Unit 2.1

Tradition is a form of Internal Social Control. What is it?

The idea that your tradition (religion/culture/upbringing) will encourage you to conform to norms and tell you what to and what not to do

Unit 2.1

what is external control?

this is a process which has control over our behaviour through social agencies e.g education, family etc.

Unit 2.1

The Fear of Punishment can be seen as an External Social Control. How? -include an example:

Fear of punishment:

Using punishment as a deterrent to stop people from offending.

· there are theorists e.g right realists- they argue that the fear of being caught and punished is what ensures that many "would-be criminals" continue to obey the law-in other words, fear acts as a deterrent.

example: The increased presence of the police and knowledge that they can arrest you will act as a deterrent to doing anything bad

Unit 2.1

what are the two forms of deterrence:

Individual deterrence: punishment on offenders to prevent/deter them from committing further crimes.

General deterrence: Fear of punishment that prevents others from committing similar crimes e.g. death penalty, lengthy prison terms.

Unit 2.1

Coercion can be seen to act as a form of External Social Control. How?

It can be seen to influence those in a suspended sentence with the continued threat of custody for future law breaking.

Examples incl. imprisonment, bodily injury, strikes and boycotts. Prisons use this with the threat of loss of liberty.

Unit 2.1

name the 4 agencies of external social control:

Police: powers to stop commerce search, rest, detain and question suspects

the CPS: can charge a suspect and prosecute them in court

judges and magistrates: powers to bail, remand and sentence

the prison service: detain prisoners and punish prisoners' misbehaviours

Unit 2.1

What is Hirschi's Control Theory? (also known as Bonds of Attachment)

The form of theory that argues why people commit crime as a result of insufficient attachment to commitment to others.

control theorists' answer is that people conform because they are controlled by their bonds to society.

Unit 2.1

What did Social Bond Theory suggest was necessary to make someone believe committing crime was wrong?

- An attachment to people

sensitivity for others

Commitments to social enterprises

Involvement in law abiding activities and social situations

Belief in the values of society

Unit 2.2

Where can the aims of sentencing be found?

Section 42 of the Criminal Justice Act 2003

Unit 2.2

What are the six aims of punishment?

Retribution, rehabilitation, deterrence, public protection/incapacitation, reparation, and denunciation

Unit 2.2

What is retribution? and how does it link with right realism?

an element of revenge in wanting to ensure the offender gets what they deserve

a sufficient measure of justice is reached,

also known as 'just desserts"

Right realists believe that tough control and punishments are the only way to stop criminal trends.

Unit 2.2

Give examples of punishments that meet the aim of retribution?

Mandatory life sentence for murder and increasing punishments for hate crimes

Unit 2.2

What is rehabilitation?

include its main focus and assumption:

Reforming offenders so they can move back into society.

focus: Altering the behaviour of an offender to prevent them reoffending.

assumption: Crime is a result of free will and rational choice, meaning something can be done about it

Unit 2.2

Give an example a of punishments that meets the aim of rehabilitation?

Community sentences (e.g. probation orders) because they involve conditions such as work, education, or treatments for addictions

Unit 2.2

What is the Drug Treatment and Testing Order?

A punishment brought in to rehabilitate offenders committing crime as a result of drugs by supervising them to stop their drug use

Unit 2.2

Which criminological theory does rehabilitation link to and why?

Individualistic theories - rehabilitation uses individualistic treatments (e.g. anger management) that focus on getting rid of undesirable behaviours and promoting desirable ones

Unit 2.2

What is deterrence?

Attempting to discourage criminality through the use of punishment

Unit 2.2

What is individual deterrence?

give an example:

Encouraging the offender to not reoffend by putting them in prison or giving the threat of imprisonment.

example: Suspended sentences provide the threat of imprisonment if reoffending occurs

Unit 2.2

Which criminological theory does individual deterrence link to?

social learning theory because it labels prisons as 'universities of crime' where offenders can learn from other criminals - explains high recidivism

Unit 2.2

What is general deterrence?

Preventing potential offenders by making an example of someone else

Unit 2.2

What can weaken the effectiveness of general deterrence?

The fact that punishments are imposed on someone else, so it's not always perceived as a threat

Unit 2.2

How is Marxism linked to deterrence?

Marxists argue that sentences are given to control the working class - they work as a general deterrence

Unit 2.2

how does the labelling theory link to denunciation?

Labelling offenders could lead to self-fulfilling prophecy which would cause more crime (danger of denunciation).

Unit 2.3

the sentencing framework allows courts to apply which four basic types of sentencing?

prison

community service

fines

discharges

Unit 2.3

what are life sentences?

the most serious punishment a UK court can give for serious offences (e.g. murder).

the judge sets the minimum time an offender must spend in prison before they can be considered for release by the parole board.

in serious cases, a person may be given a whole life term, which means they will never be released

Unit 2.2

How does functionalism link to denunciation?

Functionalists see social control as a way to achieve solidarity in society

strengthens social cohesion by setting acceptable boundaries for crime

Unit 2.2

What is the aim of public protection?

how does it relate to right realism

To keep the public safe from the harm of dangerous criminals.

Right realism argues that public protection is needed because of weak social constraints, so more strict social control is needed to reduce crime

Unit 2.2

What is incapacitation? provide examples of: restrictive orders achieving incapacitation

Prevents future crime by keeping offenders from exercising freedom.

e.g - Long prison sentences, curfews, electronic tagging

Unit 2.2

What is the aim of reparation?

The offender provides compensation for the victim and/or society for they damage caused as a result of their crime

Unit 2.2

Give an examples of how the aim of reparation can be met

Reparation for the victim - sum of moneyReparation for society - community order

Unit 2.2

What is one example of a direct reparation scheme?

Restorative justice: which allows offenders and victims to meet together and discuss the crime

Unit 2.2

Which criminological theory does the aim of reparation link to and why?

Links to left realism as the punishments provide practical measures and long-term impacts to reduce crime

Unit 2.2

What is denunciation?

Reinforcing moral and ethical codes (boundary maintenance)

Unit 2.3

what are indeterminate sentences?

(now abolished) set a minimum time the offender must serve in prison

they have no automatic right to be released after the minimum time has been served.

the parole board will decide if the offender is suitable to be released on licence.

Unit 2.3

does prison meet the aims of rehabilitation?

success rate of rehabilitation programmes is low

- recidivism rates are high.

only about 25% of offenders get a job after being released from prison

- not successful

Unit 2.3

what are determinate sentences?

a sentence with a fixed length.

not all of the sentence is served in prison

e.g (if the sentence is 12 months+ the offender will serve half the time in prison and the second half in the community on licence)

Unit 2.3

what are suspended sentences?

offender is given a prison sentence but does not go directly to prison

- can be suspended for up to 2 years-

court may also impose requirements,

failure to follow these requirements will send the offender to prison

Unit 2.3

does prison meet the aims of retribution?

could argue that offenders get their "just desserts" but it is hard to reach a consensus on what a suitable sentence should be for a particular offence. also prison is not the harsh experience it is supposed to be.

Unit 2.3

does prison meet the aims of deterrence?

recidivism rates show reoffending for adults is between 50 and 60% and as high as 89% for young offenders in the first 2 years of release - not successful as a deterrence

Unit 2.3

does prison meet the aims of incapacitation?

it does work as offenders given life sentences are kept off the streets,

which means that they aren't committing crimes

but most crime goes unpunished, so offenders aren't being incapacitated.

incapacitation is temporary.

prisons act as universities of crime

Unit 2.3

does prison meet the aims of reparation?

there has been some encouraging success with programmes such as restorative justice both abroad and in the UK

Unit 2.3

does community sentencing meet the aims of retribution?

all community sentences includes punishment and retribution

e.g. curfews and exclusion orders.

doing unpaid work in high vis vests = naming and shaming

Unit 2.3

does community sentencing meet the aims of deterrence?

use of community sentencing has nearly halved since 2006 -

used for 9% of offences.

limited use means it doesn't act as a deterrent

Unit 2.3

does community sentencing meet the aims of incapacitation?

don't lock people up - don't incapacitate offenders.

however, breaching a community sentence may send the offender to prison

Unit 2.3

does community sentencing meet the aims of rehabilitation?

are successful in changing behaviour when used instead of a short prison sentence

- lower recidivism rates than prison

Unit 2.3

does community sentencing meet the aims of reparation?

reparation can include unpaid work to repair damage to a victim's property or the whole community

e.g. clearing wasteland. often seen as 'soft justice'

Unit 2.3

do financial penalties work?

lots of fines don't get paid due to being cancelled

it is concluded that there is no realistic chance of collection

not an effective method of deterrence, retribution or rehabilitation

Unit 2.3

do discharges work?

they are usually successful

they act as a deterrent to many people whom the experience of going to court is enough for them to change their behaviour

- appear to meet their punishment aim

UNIT 3.1

Aims and objective of the police

Keeping peace and maintain order.

protect life and property.

Prevent, detect and investigate crime.bring offenders to justice.

powers given to police under - The Police and criminal evidence act 1984

UNIT 3.1

How are the police funded

the central government, local council tax and their services for policing.

UNIT 3.1

Who summed up the philosophy of the police

Robert peel - 1829

UNIT 3.1

what is specialist policing

Departments with specialist duties - for example firearms branch (trained and equipped to participate in operations that require firearms) CID - Criminal investigations Department (deals with investigations into serious crimes)

UNIT 3.1

Aims and objectives of the CPS

To advise the police on their investigations about evidence needed to build a case.

Independently assess the evidence submitted by the police -keep reviewing it.

decide whether to prosecute + prepares the prosecution case

supports victims.

UNIT 3.1

How Is the CPS funded

- the CPS is a government-funded body

CPS recovers criminal assets through its enforcement activities

unit 3.1

WHAT ARE THE Aims and objectives of judiciary

- To interpret and apply the law to cases presented in court

- Set judicial precedents

UNIT 3.1

What are the working practices of the Judiciary

Judges deal with all types of offences, except for less serious cases.They are national and local in their reach:The supreme court has national jurisdiction.