Criminology

• What is Parliament made up of?

  House of commons - made up of MP's voted in by the public for their constituency

  House of Lords - contains heredity peers whose families are born lords as well as individuals who have been appointed Lords i.e. Lord Sugar.

  Monaches - The Queen/King who is head of state in the UK. All bills had to get approval from the monarch before being passed as a law.
• Government process:

  Green Paper - Allow public consultations on a potential new law to be discussed.

  White Paper - After consultation a white paper is created with formal proposals. This allows a draft act (a bill) to be created and presented to Parliament.

  First reading - name of the bill and main aims read out. Formal vote taken.

  Second reading - main debate of bill followed by another vote.
• Committee stage - a group of representatives look at the bill to address any issue and suggest possible changes. Third Reading - Final vote on the bill takes place. Royal Assent - The Monarch signs the bill. She cannot refuse as it is now only a symbolic stage as the Head of State. The bill then becomes an Act of Parliament.
• Judicial precedent.

  • Law made by judges in courts. When a case appears before them they must make a judgement and this forms the law. It must be followed in similar cases in the future.
  • This is called 'common law', that is judge made law.
  • There is a court hierarchy system and lower courts (magistrate courts) must abide by decisions and rules made by higher courts.
• Statutory Interpretation

  • This is where judges in superior courts (Court of Appeal) are called upon to interpret words and phrases within a law. They have the ability to interpret the meaning of the law and make a verdict on the case.
• Statutory Interpretation.

  • The literal rule - Judges should use the everyday ordinary meaning of the words in a statue.
  • The Golden rule - sometimes the literal rule can lead to an absurd result and the golden tripe allowed the court to modify the literal meaning to avoid this.
  • The Mischief rule - allows the court to enforce what the statue was intended to achieve rather than what the words actually say.
• Police.

  • Work with the courts to ensure defendants, in custody are brought before them.
  • give evidence in court.
  • Work with probation in managing an offender nearing release

  • Work closely with the CPS in trying to charge and prosecute offenders.
• Ministry of Justice

  • Oversee the work of courts
  • oversee the work of probation services
  • oversee the prison systems
  • deal with legisaltion and guidelines for working in different organisation of the CJS
• Courts/Sentencing Council.

  • Contributes to law creation through judicial precedent and statutory interpretation
  • Liaise with police and prisons to ensure the safe delivery of prisoners to court.
  • arrange video links if a prisoner cannot attend court.
  • prisoners held in court cells pending their court hearing and return to prison.
• Crown Prosecution Service.

  • Advise the police on charging a suspect
  • Work with the police to check evidence collated & if there is enough evidence to charge a suspect.
  • Appear in courts to conduct the advocacy of a case.
• Prison Service

  • Work with the probation services when a prisoner is to be released.
  • Lawyers may ask for prison visits to have legal consultations with client.
  • Defendants denied bail by courts and police are remanded to prison.
  • Judge & courts decide prison term for offenders.
• Probation Service

  • Arrest a prisoner recalled to prison whilst on probation
  • Liaise with police should there be any issues whilst a person is on probation
  • Work with other charity organizations to help prisoners leave prison successfully & have support.
• Law Creation:

  Criminal law is made in parliament.
• Police:

  Enforce the law by investigating criminal activity. They arrest, detain and interview suspects.
• Crown Prosecution Service:

  will advise the police on the appropriate charge.
• Suspect brought before the court.
• Defendant released on bail or remanded into custody
• A guilty plea results in sentencing & a plea of not guilty results in a trial. This includes a judge & jury.
• If convicted, formal punishment is given by the judge. Sentencing council provides guideline. May be sent to prison.
• Prison service oversees welfare of prisoner & enforces punishment.
• When released, a prisoner is usually on license & supervised by the probation service.
• Crime Control Model:

  • Seek to deal with criminal cases quickly and efficently. Seeking a conviction at any cost.
  • Aim is to punish criminals and stop them committing further crimes.
  • Focus on 'Zero Tolerance' approach. Links to Right Realism theory.
  • Focus on protecting the rights of the victims rather than the defendants.
  • Argue police should have enhanced powers to ensure a conviction is achieved.
  • Doesn't address the causes of crime or that crime can be deterred through detection and conviction.
• Crime control model, Areas of Law:

  • Introduction of 'bad character' evidence & previous convictions.
  • Removal of the 'double jeopardy' rule for murder and other serious offences.
  • Extended pre-charge detention time for terrorist activities.
• Example case: Colin Stagg.

  • Police sure he was guilty
  • used 'honey-trap' to try and get evidence of guilt - crime control.
• Theories for Crime Control:

  • Functionalists - punishment reinforces moral boundaries.
  • Society can express moral outrage strengthening social cohersion.
• Due Process Model:

  • Opposite of crime control. Focuses on innocent until proven guilty.
  • Promotes fairness & protecting the defendant's legal rights.
  • Argues that police powers should be limited to prevent oppression of the individual
  • An investigation should be thorough to ensure a correct verdict can be reached.
• Areas of law:

  • All interviews being recorded and suspects having the right to legal representation
  • Police have procedural safeguards they must follow through the PACE Act, 1984.
• Example case - Due Process

  • Sion Jenkins - Convicted of murdering step-daughter Billie-Jo
  • Given the right to appeal leading to re-trials
  • Eventual acquittal after 6 years in prison
• Rational Ideology - Internal forms.

  • An idea to achieve social control.
  • Your conscience guides you to follow laws and rules due to experiences feelings of guilt, anxiety or worry from within.
• Tradition - Internal forms.

  • Conforming to social norms and rules through a person's traditions and upbringing teaching you and re-enforcing you to not break the law.
• Internalization of social rules - Internal Forms

  • When a person agrees and believes in social norms and therefore internalizes them & follows them.
  • A societal norm is to not commit crime; therefore, most people internalize this and behave accordingly.
• Moral Conscience - Internal Forms.

  • Freud - superego restrains deviant urges of id & like a nagging parent makes us feel guilty if we consider deviance.
• Coercion - External Forms.

  • Can be physical or non-violent.
  • Examples include; imprisonment, bodily injury, strikes and boycotts.
  • Prisons use this with the threat of loss of liberty.
• Fear of Punishment - External forms.

  • Using punishments as a deterrent to stop people from offending.
  • 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.
• Outside influences/agents - External Forms.

  • Peers, family, religion, media, education, agents of the criminal justice system.
• Control Theory (Reckless):

  • Tries to explain why people do not commit crimes.
  • Support the view that people require nurturing in order to develop attachments that are key in producing internal controls. I.e. your conscience.
  • Crime is caused by a lack of bonds.
• Aims of sentencing.

  • To punish offenders
  • To reduce crime
  • To rehabilitate offenders
  • To protect the public
  • To repatriate victims when needed.
• General deterrence


  Prevent potential offenders from committing a crime
• Suspended sentence

  Prevent future offending
• Suspended sentence


  • Imprisonment will occur if further crimes are committed