The Criminal Justice System: Theories, Processes, and Punishments, Exams of Criminology

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1.1 - - Correct Answer Describe processes used in law making What is the government process in law making? - - Correct Answer A process of consultation, debate and voting What is a green paper? - - Correct Answer Allows public consultation on a potential new law to be discussed What is a white paper? - - Correct Answer After consultation (green paper), a white paper is created with formal proposals. This allows a bill to be created and presented to parliament What happens during the first reading in the government process of law making? - - Correct Answer Name of the bill and main aims read out. Formal vote taken What happens during the second reading in the government process of law making? - - Correct Answer Main debate of the bill, followed by another vote What happens during the committee stage in the government process of law making? -

- Correct Answer a group of representatives look at the bill to address any issues and suggest possible changes What happens during the report stage in the government process of law making? - - Correct Answer The committee report back to the houses, who then vote on any proposed amendments What happens during the third reading in the government process of law making? - - Correct Answer Final vote on the bill takes place What happens during royal assent in the government process of law making? - - Correct Answer The monarch signs the bill 1.2 - - Correct Answer Describe the organization of the criminal justice system

What is the polices role in the justice system? - - Correct Answer -enforce the law -investigate crimes -collect evidence -arrest, detain and question suspect -issue cautions or fixed penalty notices What is the HM courts and tribunals services role in the justice system? - - Correct Answer -suspects are brought before the magistrates -plea, bail and legal aid decided -not guilty pleas lead on to trial (may be in a crown court if serious) -evidence is heard in court before jury or magistrates and the verdict is decided -sentenced is passed What is relationship between the police and the courts - - Correct Answer -the police give the courts evidence as prosecution witnesses -protection for vulnerable witnesses -police hold defendants in police cells and transport them to and from court -police may be witnesses in court What are the formal punishments? - - Correct Answer -imprisonment -fines -community service -fixed penalty notices -police cautions -suspended sentences -ASBOs 1.3 - - Correct Answer Describe models of criminal justice What the purpose of the models of criminal justice? - - Correct Answer -2 models - crime control and due process -defined by Packer -ways of approaching crime in society -contrast each other What is the crime control model? - - Correct Answer - (right realism approach) -crime threatens people freedom so the goal is to suppress crime -starts from a presumption of guilt -it prioritizes catching and punishing offender, deterring and preventing them from reoffending -supports freedom and authority to the police, trusting that they will identify guilty through investigations and interrogations -so they can catch and prosecute -police should be given powers they need and remove too much red tape (rules/standards/procedures)

What is the due process model? - - Correct Answer - (left realism) -sees the rights of the accused as central -individual requires protection from authority that might try to oppress them -role is to ensure safety and fairness throughout -therefore sets up an obstacle course that police, judges and lawyers must pass through for a conviction How is the crime control implemented? - - Correct Answer -previous convictions information given to courts to consider when deciding a verdict -extended pre-charged detention time for terrorist activities How is the due process model implemented? - - Correct Answer -all interviews being recorded and suspects having the right to legal representation -PACE act (procedural safeguards) How does the Colin Stagg case support the models of criminal justice? - - Correct Answer Crime control - Police targeted Stagg because he was a loner Due process - Judge threw out case because of improperly obtained evidence 2.2 - - Correct Answer Discuss the aims of punishment What is retribution? - - Correct Answer -'pay back' -punishment is a way for society/ victims to get some kind of justice -severity of the crime should determine the harshness of the punishment (proportionality) -retribution sees it as only fair that the offenders should be made to suffer for their wrong doing -prison, hard labor and death penalty -no attempt to alter future behavior How was retribution used historically? - - Correct Answer -death penalty was used for lots of crimes -Proportionality - way of death had to reflect seriousness of crime, e.g. traitors were hung, and witchcraft was burnt at the stake How is retribution used today? - - Correct Answer -the sentencing council gives guidelines to courts on appropriate sentences -the coroners and justice act says these guidelines should be followed in the interests of justice -egg. Mandatory life sentence for murder -crimes motivated by hate are given harsher punishment to show moral outrage, egg. GBH is usually given a 5 year sentence but if driven by racism an extra 2 years -punishment is necessary to right the wrong What theories support retribution? - - Correct Answer Right realism

-linked to rational choice theory and sees people as rational actors who consciously choose to commit crime -therefore, they are fully responsible for their actions What theories support retribution? - - Correct Answer Functionalism -Durkheim would say that retribution allows the expression of moral outrage of society -it allows a release of anger and hurt suffered -this helps to reinforces social norms and expectations Of the group and punish deviants What is rehabilitation? - - Correct Answer -contrasts retribution -the point of sentencing is to help the person change their behavior for the future and join back into society -takes the view that the person is a free thinking individual, capable of change and learning What are the forms of rehabilitation sentencing? - - Correct Answer -drug and alcohol abuse programs -anger management courses -community services -education and training How do the forms of rehabilitation sentencing work? - - Correct Answer -these are good because they help the person to find meaningful work in society, which could help them to remain law abiding -requires different agencies in the CJS to work together, both inside and outside of prison, e.g. probation helps the person to access the high training and education -also requires commitment and cooperation from the individual What theories support rehabilitation? - - Correct Answer Eynsencks personality theory

• (high N, E and P scale) -supports the use of behavior modification techniques like aversion therapy What theories support rehabilitation? - - Correct Answer Skinners operant conditioning -supports that behavior can be modified and changed, particularly if the person can see the rewards at the end -e.g. token economies and CBT What theories support rehabilitation? - - Correct Answer Left realism -supports the idea of helping people into work because crime has happened due to social inequalities, poverty and poor educational opportunities What are the criticisms of rehabilitation? - - Correct Answer -can be controversial as it may be seen as a reward for offenders -expensive and requires recourses but costs less than 1 years prison sentence (£36,000)

What is deterrence? - - Correct Answer -purpose is to put people off committing offences because the consequences are unpleasant -aim to reduce offending in the first place, e.g. prison as a consequence may deter people and modify their behavior What is individual deterrence? - - Correct Answer Prevents an offender from reoffending in the future - discourages them with a harsher punishment, e.g. suspended sentencing - a short and harsh experience - only punished if reoffends What is general deterrence? - - Correct Answer Someone witnesses someone else being punished, this deters them from reoffending to avoid them getting punished as well, e.g. reading the media How does severity vs certainty effect deterrence? - - Correct Answer -however severe a punishment may be, if there is little chance of being caught and convicted, then it is unlikely to deter people from reoffending -there is a mandatory minimum sentence of 3 years for a 3rd burglary, but only 5% of reported burglaries result in a conviction -on the other hand, if an offender is very unlikely to be caught, even a mild punishment may be an effective deterrence What theories support deterrence? - - Correct Answer Right realism -rational choice theory regards people as actors who assess the costs and benefits of behavior before deciding to break the law or not. Severe punishments therefore can deter the offender What theories support deterrence? - - Correct Answer Operant conditioning -punishments can act as an individual deterrent What theories support deterrence? - - Correct Answer Social learning theory -punishments can act as a general deterrent What are the criticisms of deterrence? - - Correct Answer Reoffending (recidivism) rates -almost 70% were convicted in a year of release What is Public protection? - - Correct Answer -incapacitation -making it physically impossible for criminals to offend again -all in the interests of protecting society What are the extreme forms of public protection? - - Correct Answer -execution -banishment -cutting off hands of thieves (Saudi Arabia) -chemical castration (still a need for power but sexual motivations removed)

What are the less extreme forms of public protection? - - Correct Answer -curfews -tags -driving ban -travel bans (football) How does prison act as a form of public protection? - - Correct Answer -most common form of incapacitation -offenders removed from society -the crime sentence act introduced standard sentences for specific offences -the CJA 2003 says prison is partly meant for public protection -introduced 'indeterminate sentences' (no set release date) for dangerous offenders What theories support public protection? - - Correct Answer Biological theories -if it can be shown that criminals are born that way and not possible to rehabilitate them, therefore they should be sent away -e.g. Lombroso argued for sending criminals to remote islands away from public -supports chemical castration as protection from sex offenders What theories support public protection? - - Correct Answer Right realism -a small number of persistent offenders are responsible for majority of crime, so it’s acceptable to incapacitate a small few for longer sentences to protect majority What are the criticisms of public protection? - - Correct Answer -may punish offenders more harshly than justified -doesn't take in offenders potential for rehabilitation -effect is time limited What is reparations? - - Correct Answer -allow the person to make amends -tailored to crime committed, e.g. property crime- compensation order/ community services to clean How is restorative justice a type of reparations? - - Correct Answer -can involve the offender and victim meeting -victim can tell the offender the effect their crime has had to them -offender has chance to apologies, and understand the full extent of their crime -can be done in writing What theories support reparations? - - Correct Answer Left realism -aid mutual understanding and can be a practical step towards a more caring and equal society What theories support reparations? - - Correct Answer Labelling theory -can reintegrate people back into society -allows them to express remorse and helps prevent them slide into secondary deviance What theories support reparations? - - Correct Answer Functionalism

-Durkheim favored this approach to be able to put things back into a harmonious state for a functioning society What are the criticisms of reparation? - - Correct Answer -offenders may not listen -could be traumatizing for the victim -not available for all crimes 2.3 - - Correct Answer Assess how forms of punishment meet the aims of punishment What are community services? - - Correct Answer Unpaid work, curfew, treatment programs How does community services meet retribution? - - Correct Answer -it restricts their freedom -Hi-Vis jacket - public shaming -however, offender still lives at home and still have many freedoms How does community services meet deterrence? - - Correct Answer -seeing people punished might deter others from turning to crime -however, not many people see it so it may not be effective How does community services meet public protection? - - Correct Answer -if it changes a person’s future behavior then it could protect the public -however, they are still on the streets they can still reoffend How does community services meet reparation? - - Correct Answer -unpaid work can correct damage to property -some aspect of an offence can't be repaid or made amends, e.g. trauma How does community services meet rehabilitation? - - Correct Answer -tackle underlying problems, e.g. addictions -34% of people reoffend if they've done a community sentence, compared to 64% who did a short sentence What are financial penalties/ fines? - - Correct Answer -can be combined with other punishments -can pay in instalments -can escalate How do fines meet retribution? - - Correct Answer -takes away money -but fines often go unpaid because they can't be found or aren't able to pay -1/4 of £1B in fines were written off - Daily telegraph 2014 How do fines meet deterrence? - - Correct Answer -hoped that once someone is fined, they won't want to be fined again -threat of prison if it’s avoided

-but some people can afford the fines so they aren't bothered How do fines meet reparation? - - Correct Answer -offender can pay compensation to victim or society -only works if it’s collected -sometimes money can't make amends How do fines meet rehabilitation? - - Correct Answer -people learn that money can be better spent -doesn't teach you to change behavior, just have to be more careful 3.1 - - Correct Answer Explain the role of agencies in social control What are the polices aims and objectives? - - Correct Answer -to keep peace and maintain order -protect life and property -prevent detect and investigate crime -bring offenders to justice What is the PACE act 1984? - - Correct Answer Gives police powers to stop, question, search, arrest, detain and interview What types of criminality and offenders do the police deal with? - - Correct Answer -all -except those that require specialisms such as HM revenue and customs with deal with tax evasion and fraud What is the polices reach? - - Correct Answer -the UK has 39 regional forces in England, 4 in Wales, I each in Scotland and Northern Ireland -there are specialist forces that are national, e.g. the boarder force or the British transport police 2.1 - - Correct Answer Explain forms of social control What is social control? - - Correct Answer -Refers to any strategies for preventing deviant human behavior. We encourage everyone in society to conform to the law and any course of action that helps to achieve this is a form of social control -actions that tries to persuade or compel members of society to conform to the rules -internal and external What is tradition and culture as a form of internal form of social control? - - Correct Answer -'moral codes' -traditions norms and values are often passed from one generation to the next through socialization -these may be linked with religion (e.g. Ten Commandments in Christianity), culture or upbringing

-belonging to a community with particular cultural values is an important part of internal 'self-control' What is rational ideology/ internalization of social rules as a form of internal form of social control? - - Correct Answer -a set of belief that guide and influence our decision- making and behavior -your conscience, feelings of guilt, anxiety and worry guides you to conform -could be through upbringing, parental influence, religion or culture -they start off as forces separate from yourself but you gradually become internalized via socialization -the family and community we belong to influences us and becomes a part of us and how we see the world What is the superego as a form of internal form of social control? - - Correct Answer - learn from same sex parent -age 5 What is coercion as a form of external form of social control? - - Correct Answer -use some kind of force to make someone conform -physical or psychological -threatened or actual, e.g. in some countries physical restraints or punishments may be used to force compliance -in the UK being detained or imprisoned are forces of coercion -Birmingham 6 What is fear of punishment/ force as a form of external form of social control? - - Correct Answer -things will happen that are against your will as a consequence of committing an offence, e.g. arrest, trial and punishment -some right realists would argue that crime would be a lot worse without the fear of punishment -it acts as a deterrent What is individual deterrence as a form of external form of social control? - - Correct Answer -person who has committed a crime is given a punishment like a suspended sentence or conditional discharge -designed to deter them from reoffending -if they do, they may face more severe punishment What is general deterrence as a form of external form of social control? - - Correct Answer -others are deterred out of fear form committing similar offences by seeing you punished for your actions -Some policies promote general deterrence, e.g. mandatory minimums - life sentence for murder What is Travis Hirsch’s control theory? - - Correct Answer -'delinquent acts occur when an individual’s bond to society is weak or broken'

-Hirsch theorized that that a person’s bond to society has 4 elements - attachment, commitment, involvement and beliefs What is attachment in Hirschis control theory? - - Correct Answer to avoid crime, a person needs positive attachment to parents, school, peers etc., to promote a need for pro-social behavior What is commitment in Hirschis control theory? - - Correct Answer If a person has ambition to achieve positive future goals such as a god job, comfortable home etc., they are less likely to commit crime What is involvement in Hirschis control theory? - - Correct Answer those who are involved in social activities such as playing in a sports team or belonging to a community club or group are less prone to crime What is belief in Hirschis control theory? - - Correct Answer a belief in society’s value such as honesty is needed, and belief that committing crime is wrong What is Walter Reckless control theory? - - Correct Answer -'containment' -we resist committing crime due to inner and outer containment -inner containment = upbringing and our family -outer containment = influence of social groups including the law -Reckless said that a combination of inner psychological containments and external social containments stops people from deviating from norms and committing crime