Rejects the Marxist view that crime is a result of structural inequalities in capitalism
Factors that may cause crime (according to right realism)
Biological differences
Inadequate socialisation
Rational choice
Felson's routine activity theory
Similar to rational choice theory
For a crime to occur, 3 factors need to be present: a motivated offender, a suitable target, and absence of a capable guardian
Felson sees criminals as acting rationally, therefore the presence of a guardian is unlikely to deter them
Durkheim
Left realism
There will always be one who will stand out among others in a 'society of saints'
Left realism
Agree with the Marxist view that social inequality within capitalism is the main form of crime
Argue that the main victims are often working class, ethnic minorities & women
Police take crimes against these groups less seriously
See crime rates as being highest in areas of unemployment & deprivation
Crime is a real problem & disadvantaged groups are the main victims
Accept that corporate crime is a problem- not as important as 'street crime'
Marxists focus too much on crimes of the powerful
Neo-Marxists romanticise working class crime- often the working class commit crime against the working class (no Robin Hoods!)
Labelling theory
Working class are the victims?
Left realists see 3 leading causes of crime
Relative deprivation
Marginalisation
Subcultures
Relative deprivation on its own is not enough to cause crime, it needs individualism as well
Individualism
Concern with the self- self-interest at the expense of others
Explanations lie in the inequalities created by capitalist society, but unlike neo-Marxist predecessors they are more guarded about the possibilities of fundamental change in the short term
Tackling crime
Practical measures to reduce crime such as improving policing & control
Dealing with deeper structural causes of crime: pushing for long term change to a more equal caring society which can ultimately eliminate the root of causes of crime
Encourage better agency interactions
Labelling & self-fulfilling prophecy
Effects of labelling can have a negative impact- look for other alternatives to avoid the self-fulling prophecy
Crime control model
Conveyor belt model - Once you're on it, you go through all the stages of crime
Crime control model
Guilt of the accused is implied in order to protect society from violence and danger
Prevention or reduction crime it its overriding aim
It prioritises punishment as a sanction in order to prevent & deter people from committing further crimes
Trust is placed in the hands of police and authorities to carry out investigations properly
Pro-police powers & enhanced powers
Looks for dealing with criminal cases quickly
How the crime control model links to the criminal justice system:
Police have legislative powers (under PACE) to stop, search, arrest & detain suspects on reasonable grounds with reasonable suspicion
In suspected terrorist arrests the police can detain for longer than the usual 24 hour period- up to 14 days
The abolishment of the double jeopardy rule means that a person can be tried for the same offence twice
Evidence of past bad character can be permitted by the court
Routes of appeal can be complicated and not always allowed by superior courts
The due process model
Known as the obstacle course
Legislative obstacles to overcome before a person is convicted to ensure thoroughness of investigation
Innocent until proven guilty
Opposite principles to crime control
Presumes innocence of the individual and that every person has a right to a fair trial (links with article 5 HR right to liberty/Art 6 right to fair trial)
Suggests that the justice system should provide appropriate safeguards for accused (e.g. codes of practice under PACE)
Argues that police powers should be limited to prevent oppression of individual liberties
How the due process model links to the criminal justice system
1. PACE provides codes of practice that set out the rights of the person being detained
2. When someone is arrested the codes of practice must be offered to the person so they can make themselves aware of their rights
Due process model
Strict rules on the admission of evidence- relating any hearsay evidence, coercive confessions and any evidence that the court feels is not in the interest of justice to be put before a jury
Due process model
Right to a jury by one's peers
Long standing right dating back to
Magna Carta
Human Rights Act - Article 6
Right to a fair trial
Crime control model pt2:
conveyor belt model
guilt of the accused
prioritises the rights of the victim
response to moral panic
swift justice, deterrence
detention for terrorists
Crime control model:
Human Rights Act - looks to get around it. if the offender has committed a crime they don't deserve human rights as they have infringed someone else's
Amendment of Double Jeopardy
Case study that links to crime control - Colin Stagg
Police used Lizzie James undercover letters to try and obtain a conviction