Criminology WJEC Unit 4 AI & PLC Revision

(1.1) How is a law is proposed in the UK?

Starts with a green paper which allows the public consultation on a new potential law to be discussed.

What makes up parliament?

Monarch

House of Lords

House of Commons

What's a white paper?

Comes after the green paper allowing for formal proposals into the law to be made with formal proposals as a draft bill created & presented to parliament.

What's the House of Commons?

Full of MP's elected by public for each constituency, it's the most important part of parliament. 650 members of parliament (MP's)

What's the House of Lords?

Called peers also, around 800 and historically have been hereditary positions passed from farther to eldest son but only 92 of them exist and 26 Church of England bishops. The primary role is to act as a double check on new laws.

What is a monarch

The current king or queen

What is the step by step process for law introduction

-Green paper

-White paper

-First reading

-Second reading

-Committee Stage

-Report stage

-Third reading

-Lords

-Royal ascent

Green & White paper

A bill being put before parliament usually presents a Green paper being published and provokes public discussion and includes questions for interested entities to respond to.

After consultation the government publishes white paper setting out detailed plan for legislation and usually includes draft version of bill.

First reading

Introduces bill into commons and receives first reading and formally announces the bill and vote allowing it to the next stages.

Second reading

Main principles undergo discussion and debate by whole commons and voted on (usually won) then moves into next stage.

Committee stage

Examined in detail line by line by small committee of MP's from different parties and then will report back to whole house and propose amendments to the bill.

Report stage

MP's will discuss any amendments and committees report, major bills may mean in debates being spread over multiple days.

Third reading

Report stage usually immediately follows with the third reading which is the final change of any debates to be made and no amendments will be allowed, can either be accepted or rejected by the house.

Lords

The process will then be repeated through the same stages in the commons and if amended will be returned to commons for further accepting or denial of the lords amendments. Commons has final say due to being elected representatives.

Royal assent

The final agreement from the monarch to make the bill into an act of parliament (law) and law comes into affect immediately unless specified later date (commencement order)

(1.2) Law creation & Administration

Passing of criminal laws by parliament and running of justice system by government departments

Law enforcement

Police enforce the law

The courts

Courts provide a fair trial and decide the outcome of criminal cases

Punishment of convicted offenders

Prisons and probation service punish offenders by holding them for their term etc

Main agencies of the Criminal Justice System

Law creation (through parliament and judges)

Police (their enforcement of the law and apprehension of offenders)

CPS (prosecuting offenders)

HM Courts & tribunal service (court administration)

Courts (magistrates & crown courts)

HM Prison & probation (imprisonment & probation)

Police role in CJS

The police enforce the law and investigate crimes, collect the evidence, detain and question suspects in criminal investigations. Can also issue their own punishments in minor cases, have 43 regional police forces in England & Wales.

Crown Prosecution Service

Is the independent prosecution body for England and Wales passing around 500 cases a year. Role is to advise police in investigation & evidence, assesses evidence the police submit and decides to prosecute or not and charges. Full code test is applied to all CPS decisions and then presents the prosecution in court.

HM Courts and Tribunals Service in CJS

They are responsible for the administration of courts and tribunals across England & Wales.

Courts

After suspect is charged they're Brought before magistrates and peals guilty or not guilty and discuss pre-trial matters, guilty pleas lead to sentencing hearing, non guilty lead to trial arrangements.

Crown, Dealing with serious offences judge & jury

Magistrates, dealing with less serious offences (95% of all)

HM Prison and Probation Service

Is in charge of carrying out sentences by the courts, HM Prison service supervises offenders in custody and the National Probation Service supervises offenders serving sentences in community and on license, etc.

NPS & HM Prison also aim to rehabilitate offenders.

Relationships between justice agencies

Police

CPS

Gov Departments

HM Courts & Tribunal Services

NPS

HM Prison Service

Police

· Work to ensure public safety via enforcing the law (law enforcers)

· Work closely with the CPS (Crown prosecution service) 24/7 (via CPS Direct) where they will be advised on lines of enquiry, collection of evidence, investigations, care of suspects, witnesses and victims.

· Can work with HM Prison service to organise interviews with prisoners if needed in further investigations.

· Can appear in courts to testify.

· Work with probation service to determine eligibility for parole and behaviour of offender.

· Can work with HM Prison service & probation services to recall prisoners on probation back into custody.

· Police may also work with charities and support groups / organisations to give witnesses and victims support from organisations.

· May work with courts to gain warrants for investigations.

· Communicate with Courts to arrange suspect / prisoner transport.

Crown prosecution service

· Work closely with the police advising them on lines of enquiry, throughout investigations, collection of evidence, and care of suspects, witnesses and victims.

· Will work if police need to testify at trial.

· Will collect, validate evidence collected by the police to be used In the prosecution of suspects.

· CPS will apply the full code test in deciding whether to prosecute or not (evidential test and public interest) ensuring its within the public's interest to prosecute.

HM Courts and Tribunals Service

· Magistrates deal with the less serious cases especially because their powers In punishment are limited (with max £5000 fixed penalty notices and / or 6 months imprisonment) deal with summary or either way cases.

· Crown courts deal with more serious cases like murder & rape and have much higher penalty powers compared to magistrates where they are only guided by sentencing guidelines.

· Courts communicate with police to arrange transport of suspects on trial.

· Communicate with HM Prison service in carrying punishment information over like length of imprisonment, eligibility for parole, will arrange further transport with them.

National Probation service

· Work with HM Prison service to arrange probation dates.

· Probation service also works with the police in recalling prisoners if they have violated their probation agreement or license.

HM Prison Service

· Carry out the punishments for offenders, they imprison them for the time of their sentence and work to rehabilitate via education and other supportive programs.

· Work with the police if they need to arrange police visits for prisoners to aid in further investigations.

· Work with the probation service in organising probation hearings and dates, also work to monitor prisoner behaviour and minimise risk to the public.

· They can also work with police in the event they need to recall prisoners back to custody if they violated probation conditions or their license.

What are the Home office responsible for?

Responsible for the police, regulatory compliance, funding, etc.

What are the Ministry of Justice responsible for?

Responsible for the Courts, Prison service, Probation service.

(1.3) What are the 2 models of criminal justice

Crime Control & Due process

What is Crime control

Crime control focuses on getting tough on crime, creating a more streamline and conveyor belt method of convicting the accused. Focuses on rights of victims and society to be free from crime. Also looks at giving police more powers, sacrificing a few innocent to get the majority guilty. Aim is to suppress crime, presumes guilt.

What political view supports Crime control?

Right wing / a conservative perspective, Right realist view on getting tough on crime.

What criminological theories supports crime control?

Durkheims functionalist approach, proves crime to be functional in a society and punishments perform moral boundaries, primary function of justice to punish guilty, express society's moral outrage & strengthen cohesion.

Right Realism, such as zero tolerance policing, favouring police greater powers to investigate and suppressing crimes.

What are some elements of the CJS supporting the presence of Crime control?

Police stop, search, detain, arrest, stop & account powers and dont always have to specify why.

Allowing second prosecutions with new and compelling evidence, still protecting due process.

Extending suspects hold in custody especially with counter terrorism act.

Inferences of bad character to be drawn from past offences and remaining silent throughout.

What is Due Process

Protects against unfair government actions and police actions, aims to give suspects more rights and put more regulatory and legal obstacles in the way to prevent miscarriages and ensure least amount of innocent are convicted. Assumes oppression is greatest threat to individual freedom, presumes innocence until proven guilty at fair trial. Could result in guilty people going free on technicalities, argued less evil than convicting innocents.

What political view supports Due Process?

Left wing / left realist view at making sure police act lawfully.

What criminological theories support due process?

Labelling theory, works to prevent agencies oppressing people, police may be tempted to act illegally by targeting groups they label as typical criminals and due process would offer protections against this.

Left realism, Makes sure police act under laws and non-discriminatory way.

What elements of the CJS support Due process being present?

Suspect rights, right to remain silent, why you are being arrested, right against self incrimination, right to trial by jury, only be held in custody for a certain amount of time.

Outlines what evidence can be used, the admissible evidence (like heresy, entrapment, forced confessions, etc)

Protection against being tried again for the same offence after acquittal, prosecution have to disclose evidence ahead of time.

What are some events / miscarriages of justice showing agencies dont always operate to due process models.

Collin stagg, police wouldnt consider any other suspects even with evidence, they honey trapped Collin stag into confessing.

Birmingham six, responsible for 21 murders, police fabricated evidence, deprived them of sleep and food, violence and threats against them to extract confessions that the judge allowed at trial and excluded defence evidence. With unreliable forensic evidence.

Difference between internal and external forms of social control

Internal forms may be like our tradition or the way we have been brought up, factors coming from within us but external forms may be things factors external to us pushing onto us to behave or conform a certain way like our family such as society, school, consequences.

Rational ideology

(Internal form) where we rely on our conscience, feelings of guilt, anxiety or worry to guide us to follow rules and laws.

Tradition

(Internal form) might be where we all have our own customs, traditions or norms on what we believe is acceptable, may be related to tradition, religion, culture or just our upbringing.

Internalisation of social rules and morality

(Internal form) includes us working out what is actually the right thing to do based on our social values, such as not eating all the biscuits and leaving some for others and not jumping the que.

What's external forms of social control

These are external pressures, things from the outside such as teachers in school setting detentions for not doing homework, all ensuring we don't do this again. Or parents taking possessions away if we do something wrong like breaking the rules, Police is a strong form of external control.

(2.1) Agents of social control

Agents are people and institutions around us like parents, family and friends and schools with teachers and the police and criminal justice system who all set rules and provide consequences or coercion if we don't follow rules. Try to keep us in check and following rules deterring unwanted behaviour and bringing consequences (good & bad) for behaviour.

Coercion

(External form)This is either physical or non violent, physical being bodily injury, imprisonment and some countries the death penalty. Non violent being a strike, boycott, non cooperation. Such as suspended sentence with threat of custody for future law breaking. Used by external agencies to seek social control.

Fear of punishment

(External form) this is utilising a threat and in this case a punishment to deter or stop people from breaking the rules. Being one of two types of deterrence, individual or general.

Individual deterrence

An example can be a conditional discharge on an offender where it continues to deter offenders from committing further crime keeping the, in fear of this punishment by remaining and imposing via condition that there are punishments.

General deterrence

The general fear of punishment such as long prison sentences allows others to see the potential consequences in attempt to deter others. Seen as getting tough on crime.

A control theory

The theories try and explain why people don't commit crime, supporting views that people need nurturing and development of attachments or bonds to produce internal controls like our conscience.

What are the 4 factors of Hirschi's control theory?

1. Attachment

2. Commitment

3. Involvement

4. Beliefs

In control theory what is the attachment element?

The attachment element accounts for our attachments and bonds to others, the more bonds we have the more likely we are to care for their opinion and respect their norms making us less likely to want to break them. Especially with parents & Teachers.

In control theory what is the commitment element?

Our commitment to our goals and aspirations such as education, a good job and we would likely have commitment to these factors making us less likely to want to risk them by committing crime.

In control theory what is the Involvement element?

Involvement is where an individual is involved In things like sports clubs, studying, law-abiding activities and will have lesser energy and time to participate in illegal acts. This supports the proposal for right realists suggestion of more youth clubs.

In control theory what is the Beliefs element?

Beliefs element focuses on our socialisation where we are socialised to believe the right thing to do is obey the law so we are very likely to obey it and not break it.

(2.2) What are the aims of punishment?

Retribution, getting back on offenders and expressing society's outrage.

Rehabilitation, helping offender change their behaviour

Deterrence, threatens something to prevent offending.

Public Protection, To incapacitate offenders and protect the public.

Reparation, makes amends for the harm caused by the offence / offender.

What's retribution?

Retribution is where the offender has somewhat payback for what they did wrong, this expresses the outrage on behalf of society. A Form of 'just deserts' and the offender will suffer for their crime.

What's proportionality?

As retribution is the punishment it needs to be a proportionate response to the offence, an eye for an eye a tooth for a tooth. Arguing the punishment should be proportionate to the crime, supporting some peoples decisions to support death penalty for murder. There is a tariff system determining what is a proportionate sentence regarding the offence.

How does retribution express moral outrage?

It clearly can deter as well as gain retribution for the offence but the primary purpose for retribution is to express moral outrage at an offender for the offence they have committed. Retribution is a justification for punishing crimes that are already committed, not future ones.

Theories relating to retribution (from unit 2)?

From a right realist perspective its linked to the rational choice theory, believing that offenders are rational actor who consciously choose to commit crimes and hold full responsibility for their actions and so must suffer outrage of society for this.

Functionalists like Durkheim moral outrage expressed by retribution performs boundary maintenance reminding all else the difference between right & wrong.

Criticism's of retribution?

Could be argued offenders deserve forgiveness, mercy or the chance to amend their wrongdoings not just be punished.

If fixed tariff penalties are active it's requiring punishment where no good will come from it like for offenders who won't reoffend or remorseful.

How do we decide what is 'proportionate' in terms of penalties and what's just desert per crime especially with disagreements about severity of different crimes.

What is Rehabilitation?

The idea we can change and reform offenders to no longer offend and can live crime free, via punishments and makes use of treatment programs to address issues leading to these offences.

What are some policies of rehabilitation?

Education & Training programs, in an attempt to earn a honest living and increase possibilities and opportunities of employment.

Anger management courses, To address violent / aggressive offenders.

Drug treatment & Testing orders, offenders are ordered to take part in frequent testing and / or rehabilitation treatment programs for these addictions.

Some theories linking to rehabilitation?

Cognitive Theories, favouring CBT's (Cognitive behavioural therapy) Teaching offenders to correct incorrect ways of thinking.

Eysenck's personality theory, Favouring use of aversion therapy deterring behaviour leading to offending.

Skinner and Operant leaning theory, use of token economies encouraging prisoners to produce more acceptable behaviour.

What are some criticism of rehabilitation?

Right realists arguing rehabilitation comes with limited success, and many offenders go on to reoffend even after partaking in programs to try change their behaviour.

Marxists have criticised rehabilitation programs for shifting responsibility for offending to offenders failings instead of capitalisms leading to crime.

What's deterrence?

Deterrence is the threat of something to put someone off doing something, the fear of being caught and punished, either individual deterrence or general

What is individual / specific deterrence?

Specific deterrence usually aimed at an individual / group instead of something like a general deterrence deterring all, such as teenage deterrences like the tough system introduced in 1980's by margret thatcher.

What is general deterrence?

Deterring society in general as a whole from breaking the law usually when seeing an offender being punished, historically there has been public punishments like executions and other punishments to show consequences.

What is severity & certainty?

Severity of a punishment is how severe it is usually relating to how severe the offence was, so a severe punishment could be death penalty for murder.

Certainty is how certain it is for someone to receive that punishment by being caught and punished, e.g burglary carries mandatory 3 years for third domestic burglary, but only 5% reported result in successful conviction.

Some theory's of deterrence

Rational choice theory, again like in retribution this is where we see offenders as rational actors weighing it all up before they commit crime.

Situational crime prevention strategies, these make it harder to commit offences successfully.

Criticisms of deterrence

Little evidence that short, sharp shock reduced youth offending

50% of prisoners re-offend within a year of release suggests prison is not effective

How do we decide how severe a punishment needs to be?

Assumes would-be offenders know punishments when they may be ignorant of them

What is public protection?

This uses incapacitation to restrict offenders movements and therefore protecting the public from violent criminals that could cause harm to them, removing their physical ability to offend.

What are some policies of public protection / incapacitation?

Execution, removed their head really preventing them offending again.

Cutting off hands, for thieves.

Chemical castration, when they believed criminality was genetic.

Banishment, where convicts are sent away such as to another country.

Foreign travel bans, such as for aggressive football hooligans to stop them attending matches abroad.

Curfews and tagging, prevent offending by restricting offenders movements.

How does imprisonment provide incapacitation for public protection?

Imprisonment is the primary means for incapacitation by restricting the offender and their ability to offend, has also influenced sentencing laws, like mandatory minimum jail sentences for repeat offenders, e.g automatic life sentences for a second serious sexual assault or violent offence.

What was also introduced by Criminal Justice Act 2003 for public protection?

IPP (Imprisonment for public protection) this allowed courts to issue indeterminate sentences (one with no fixed release date) to a dangerous offender convicted with a violent or sexual offence.

What is a law in America allowing for a certain amount of strikes?

Three strikes and you are out law, this was introduced in the 1990's giving offenders a long sentence (incl life) for a third offence even if it is really minor if their previous 2 was serious. E.g. this was used when Jerry Williams was given 25 years for stealing a slice of pizza and had 25 years to life no parole.

What are some theories relative to public protection?

Biological theories, Theories like Lombroso's argued criminals are biologically different from the rest of population, adding no possibility to change or rehabilitate them and often suggested sending them to an island. Some theories favoured castrations.

Right realists, they can see incapacitation as a method of protecting the public, a small amount of persistent offenders are responsible for majority of crime.

Criticisms of public protection / incapacitation

Leads to longer sentences / warehousing of offenders leading to ever rising prison population and costs.

Is a strategy of contentment or risk management not dealing with causes of offending.

Three strikes principle punishes for previous offences.

Unjust in imprisoning people just because the law assumes they will offend again in the future.

What is reparation?

Reparation is when an offender makes amends for what they have done wrong and the damage that they have caused by offending. Such as financial paying for costs repairing damages and compensating victims.

Unpaid work can provide community payback benefiting the community such as removing graffiti.

What is restorative justice and its link with reparation?

It allows the offender to work with the victim to see the affects of their offence and truly experience how it left the victim feeling allowing for closure and for offender to express their regret and remorse of the offence. Helps make amends to an extent with the victim.

Theories relating to reperation

Labelling theory, Favours restorative justice as reintegrating offenders back into society and show genuine remorse.

Functionalists ague restorative justice puts things back to how they were before the offence was committed and is essential in smooth functioning of complex modern society.

What are some criticism of reperation?

Doesn't work for all types pf offences and compensation may be straightforward but these types of compensations cannot repair and make right offences like violent and sexual offences especially if the victim doesn't want to face the offender.

Some think reparation is too soft of a punishment letting offenders off lightly.

(2.3) What are the aims of punishment?

Retribution, getting back on offenders and expressing society's outrage.Rehabilitation, helping offender change their behaviourDeterrence, threatens something to prevent offending.Public Protection, To incapacitate offenders and protect the public.Reparation, makes amends for the harm caused by the offence / offender.

What are the aims of sentencing?

Criminal Justice Act 2003 outlines 5 aims

Punishment of offenders (Retribution)

Crime reduction, such as through reduction

Rehabilitation of offenders

Protection of public (incapacitation)

Reperation to victims

All of the above is the same as aims of punishment.

What are the basic sentencing framework used by courts to punish?

Sentencing framework has 4 basic types of sentences to punish offenders, Imprisonment, community sentences, fines and discharges.

How does life sentences relate and meet aims of imprisonment / incapacitation?

They are the most serious types of sentences in UK, this is a strong form of incapacitation with the minimum length they must remain in prison for set by the judge and parole boards reviewing early releases, this is effective at incapacitating offenders, some may never be released.

What are indeterminate sentences and how do they apply to imprisonment?

Setting a minimum time that must be served with no automatic right to release after serving minimum term, parole board decides on a case by case basis when you can be released. Accounts for approx 14% of prison population. Some are IPP (imprisonment for public protection).

What are determinate sentences?

A Fixed length sentence and most prisoners serve these in the UK, Approx 65-70,000 in 2021. Not all cases are served in prison such as under 12 months being released half way through, If more than 12 months offender spends first half in prison and second on license in community and offenders with 2 years or less released on post sentence supervision for a year.

What are suspended sentences?

A prison sentence is given but offender doesn't directly go to prison, this is when they would otherwise be given a sentence of 12 months or less and can be suspended unto 2 years, offender has requirements to meet and not offend in suspension period. If this is voided then will go to prison to service original sentence.

How does imprisonment meet aims in terms of retribution?

Offenders are punished via loosing their freedom being locked away usually in prison, and removes a lot of their abilities and luxuries. It is just relying on us to decide the length of sentences for the offence correctly and who deserves to go to prison so 'just deserts' may not always be met.

How does imprisonment meet aims in terms of deterrence?

Prison itself doesn't sound great to most would-be offenders and the idea of being caught and sent to prison deters people from committing crime. There is however High rates of ex-prisoners reoffending, supporting deterrences only work if would-be offenders think & act rationally.

How does imprisonment meet aims in terms of public protection?

It takes offenders out of the public by usually locking them away into controlled environments, they can't harm the public especially in whole life sentences, indeterminate sentences work to keep offenders In prison for as long as they're seen a danger to public and on license can be recalled if a danger to public. Prison can also be a school for crime possibly causing more danger to the public by making offenders more dangerous and most offenders are eventually released anyway possibly bringing more harm later on.

How does imprisonment meet aims in terms of reparation?

Imprisonment doesn't fulfil the aim of reperation itself but does have a factor considering this when prisoners are permitted to work outside of prison they can be made to pay a proportion of earnings towards costs of victim support services, so can still contribute to reparation.

How does imprisonment meet aims in terms of rehabilitation?

Imprisonment has a goal of rehabilitation prisons still produce poor records of reducing reoffending, 48% reoffend within a year of release, less than 12 months rises to 64%. A Reason for this is short sentences such as 6 months (which account for approx half of all sentences) aren't as affective at rehabilitating offenders. Even if sentences are longer there are still limited opportunities to deal with causes of their offending, also with a shortage of places on courses that address offending behaviour e.g anger management courses.

What do community sentences consist of?

For offenders too serious for discharge or fine but not serious enough to imprison, community order will be given by courts and require one or more:

Supervision by probation officer

from 40 to 300 hours unpaid work (community payback)

Curfews or exclusion orders

Residency requirement (at approved, supervised hotels)

Group programs (e.g. anger management, drink driving)

Treatment for addiction (e.g drug or alcohol)

What are the aims of community sentences?

Punishment (gain retribution for the offence they committed)

Reparation (Makes amends in the community and / or to victims)

Rehabilitation (preventing re-offending)