Discretionary Powers- Criminal Justice and the Penal System - Past Exam, Exams for Criminal Law. Bengal Engineering & Science University

Criminal Law

Description: Discretionary Powers, Welfare Solutions, Crime Control, Criminal Justice, Security Issues, Discretionary Powers, Critically Analyze, National Offender Management Service, Sentencing Guidelines Council, Proportionality are some points from this exam paper. Its all about law.
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Consider how the notion of ‘insecurity’ and of the ‘risk society’ and have influenced policies on crime and the criminal justi





Time allowed TWO hours

Answer TWO questions.

Candidates are not permitted to bring any books, notes or any other materials

into the examination.

1. Garland suggests that welfare solutions to crime are largely obsolete and that

rather than delivering criminal justice and crime control the state works

through third parties to tackle the crime problem and the security issues to

which it gives rise. Critically consider how effectively Garland‟s

interpretation is a true picture of criminal justice in England and Wales today

and discuss whether it raises any concerns.

2. Critically consider whether discretion can undermine what might otherwise be a form of policing which empowers the community and briefly discuss how

one might best prevent the improper use of discretionary powers.

3. Critically analyze and examine the role of ONE of the two criminal justice

institutions mentioned below:

(a) The National Offender Management Service

(b) The Sentencing Guidelines Council

4. Critically demonstrate how ONE of the general sentencing principles

mentioned below applies to the imposition of criminal fines:

(a) Proportionality

(b) Equity

(c) Consistency

5. Austin and Coventry (2001) defined privatization as a “[c]onceptual process

that „shifts public functions, responsibilities and capital assets, in whole or in

part, from the public to the private sector.” Critically discuss this statement in

relation to the privatization of prisons.

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