Criminology: Unit 4

• What happens in the first reading of a bill?

  The name and main aims of the bill are read out and there will be a vote on whether the bill will continue by shouting 'aye' or 'no'. If unsure a physical vote will be counted.
• What happens in a second reading for a bill?

  The MP's debate the main principles of the bill and must catch the speakers eye if they wish to speak in the debate. At the end, votes are taken again.
• What happens during the committee stage of a bill?

  A detailed examination of the clause of the bill will take place by 16-50 MP's which is usually done by a standing committee who is specifically chosen for that bill.
• What happens in the report stage of a bill?

  The committee report back on any amendments that were previously voted and passed, they will be debated then accepted or rejected.
• What happens during the third reading of a bill?

  There is a final vote on the bill.
• What do the house do lords do when making a bill?

  They go through the same 5 stages again and suggest amendments if needed.
• What is royal assent?

  Where approval from the monarchy is needed for the bill to become an act of parliament.
• What is judicial precedent?

  Judges making law in court for certain cases which must be followed in similar cases in the future.
• What case establishes judicial precedent?

  Donoghue v Stevenson 1963
• who does the police have a relationship with?

  the courts: providing evidence and statements and transporting and holding offenders.

  CPS: take advice for charging suspects and provide evidence the CPS require to build their case for court.

  prison and probation services: arrest individuals who breach their probation terms and take them to prison.
• What is the role of the police?

  Enforce the law, stop and search individuals, arrest and detain under PACE.
• Who does the CPS have a relationship with?

  the courts: put evidence together for court ready to present the case and provide anything of the judges request.

  the police: advice police on how to charge suspects and request evidence collected by the police to build the case.
• What is the role of the CPS?

  Prosecute cases in court if it is within public interest to do so and abides with the full code test.
• Who does the sentencing council have a relationship with?

  the court: judges sit in court and are guided by sentencing guidelines issued by the sentencing council to ensure fairness and consistency.

  CPS: judges consider a sentence on both sides to see if a guilty plea is the best option.

  The public: they provide information on their website for the public.
• What is the role of the sentencing council?

  Provide the court with up to date sentencing guidelines for judges to use with every offense.
• Who does the HM prison & probation services have a relationship with?

  the courts: update the court with breaches of licence or ill behaviour and prepare reports.

  the police: inform the police if an offender needs bringing in and may be help with enforcement from the police.
• What is the role of HM Prison & probation services?

  They hold offenders in custody when guilty. They ensure a place for offenders to serve their sentence and monitor offenders when they are released from prison and ensure offenders keep to their licence agreed by the court.
• What does Herbert Packer (1968) state about models of criminal justice?

  There is two types of models; crime control model and due process model which help to identify where power imbalance lies in the criminal justice system.
• What is Herbert Pecker's (1968) crime control model?

  The guilt of the accused is implied in order to protect society from violence and danger. Prevention or reduction crime is an over riding aim. It prioritises punishment as a sanction in order to prevent and deter further crime. Trust is placed in hands of the police and authorities to carry out investigations properly.
• What theories link to Herbert Pecker's (1968) crime control model?

  Right realism: A conservative and right wing theory which prioritises order rather than justice through the beleif that crime is due to lack of self control. They favour zero tolerance strategies if it meant that crime was supressed.

  Functionalism: Durkheim argues crime and punishment is needed to bring social change. The justice system that punishes, means that society is able to demonstrate its disapproval which in turn can lead to reform.
• What is Herbert Pecker's (1968) due process model?

  There should be legislative obsticles to overcome before a person is convicted to ensure toughness of the investigation. They presume innocence of the individual and that every person has the right to free trial. It suggests that the justice system should provide appropriate safeguards for the accused and argues police powers should be limited to prevent oppression.
• What theories link to Herbert Pecker's (1968) due process model?

  Labelling: Becker states that they dont want the police to oppress those labelled 'typical criminals' and it also suggests the police may resort the illegitimate means of arrest.

  Left realism: Lea and Young (1998) argued there should be minimal use of prison and individuals should be 'de-marginalised'. They believe relative deprivation creates vulnerable communities and 'criminal victimisation'.
• What are the conclusions of crime models?

  Smith (1998): 'due process can never be provided as a yardstick because criminal justice must always be a compromise between due process and crime control'.

  Peter Duffy (1998): there will always be differences between due process and crime control as there is confusion over the meaning of 'crime control'.
• What is the literal rule of statutory interpretation?

  The act is read out word for word and is taken by meaning literally. If it is old law, a dictionary from that time must be used as words and meaning can change overtime and it must be accurate.
• What is the golden rule of statutory interpretation?

  Narrow: pick between 2 meaning of a word to best fit the case.

  Broad: Extends the meaning of a word to avoid absurdity.
• What are the advantages of the golden rule?

  It helps to prevent unjust prosecutions.

  Produces a more likely outcome intended by parliament.

  Interoperates meaning.

  Maintains parliamentary sovereignty.
• What are the disadvantages of the golden rule?

  no definition of what an 'absurd' result is, making it unpredictable.

  Can be seen as undemocratic.
• What are the four main parts of the Criminal Justice System?

  law creation and punishment.

  law enforcement.

  the courts.

  punishment of offenders.
• What is social control?

  persuading or compelling people to conform to societies norms, laws and expectations.
• What is formal social control?

  It is carried out by the authorities or bodies such as the police, courts and work places of employment. It often implemented through statutory and judicial processes.
• What is informal social control?

  It is exercised by society without stating any rules or laws which is expressed through norms and customs. This is preformed by informal agents on their own unofficial capacity.
• What are internal factors of social control?

  Controls over our behaviour that come within ourselves such as personalities or values.
• What is Freuds psychoanalysis internal social control theory?

  Freud agrees that out conscience is formed as a result of our ID, Ego and Superego. They all form part of out personality in different proportions:

  • Socialisation: Traditions, culture, religion, childhood upbringings, teachers, peers and friends.
  • Rational ideology: internalising 'right' and 'wrong' behaviours. They may not have feelings of guilt or fear of punishment to guide them to be law abiding. Clark and Cornish (2006) states that criminality is a rational choice.
• What are internal forms of social control?

  Set out rules for us to obey that aim to ensure we conform to its expectations and keep to societies rules.
• What is Walter Reckless (1967) control theory?

  Containment theory is the focus on why many people obey the law due to pressure and pulls of society. He suggest many were 'immune' or 'resistant' to the pulls of crime due to 2 factors:

  • inner-containment: crimes from family and upbringing.
  • Outer-containment: influence from social or peer groups or the law.
• What is Travis Hirschi (1969) social bond theory?

  we are all 'capable of committing criminal acts'. People are more likely to be deviant when their bond to society is weak and broken.
• What are the four elements of Travis Hirschi's social bond theory?

  • Commitment: The more we are committed to a conventional lifestyle, the less likely we are to commit crimes as this would risk lowering our social standing with others.
  • Attachment: The more attached we are to others, the more we care about their opinion and will respect their norms.
  • Involvement: Being involved in conventional activities means a person is less likely to be involved in criminal activity.
  • Belief: If we are socialised to beleive commiting crime is 'bad' and 'wrong' then we are likely to avoid breaking the law.
• What is retribution?

  Criminals should pay back to the community, inflicting punishment on an offender as vengeance of a wrongful criminal act as society is morally entitled to take revenge.
• What theories link to retribution?

  Right realist theory: Rational choice theory, retribution assumes that offenders are rational actors who consciously choose to commit the crimes and are fully responsible for their actions so they must suffer the outrage of society for what they have chosen to do.

  Functionalist: Durkheim, punishing offenders reminds everyone else of the difference between right and wrong.
• What are critics of retribution?

  It can be argued that offenders deserve forgiveness, mercy or a change to make amends, not just punishment.

  If their is a fixed tariff of penalties, punishment has to be inflicted even where no good is going to come out of it.

  We don't know what is a proportionate penalty or 'just desert' for each crime, there is a disagreement on what is 'serious'.