Unit 4 criminolgy

• Identify two of the personnel involved in the criminal justice system that a defendant may encounter before conviction. (2 marks) LO1

  Police, Prison officers.
• According to the Prison Reform Trust (2015) there has been a 91% rise in the prison population in England and Wales over the past twenty years. Between 1993 and 2014 the prison population increased by more than 40,000. It is estimated that the cost of the increased prison numbers has added £1.22bn to government expenditure. Reoffending rates remain high, with almost half of adults reconvicted within one year of release. The number of staff employed by the prison service has fallen by 29% in the last four years. However, in March 2015, 70 of the 117 prisons in England and Wales were overcrowded.

  
  

  With reference to the text, outline the limitations faced by the prison service in England and Wales. (4 marks) LO3

  Financial restraints, overcrowding, shortage of staff, re-offending rates.
• Explain why imprisonment acts as an external form of social control. (4 marks) LO2

  Threat of imprisonment- coerce, fear of punishment- deter, loss of liberty, consequence of being in prison later in life- loss of employment.
• Describe the relationship of the prison service with other agencies in the criminal justice system. (7 marks) LO1

  Prison and court: transportation, held in court cells.

  Prison and police: held locally, arrest when recalled whilst on probation.

  Prison and lawyers: visits.

  Prison and judiciary: judge's role.

  Prison and probation: overseeing whilst on parole.
• Evaluate the effectiveness of social control inside prisons. (8 marks) LO3

  Positive effects:

  Prevention of crime, protection of society, educating offenders, rehabilitation of offenders.

  Negative effects:

  Criminal offences committed, serious attacks, attacks on prison officers, use of prohibited drugs.
• Outline the process used by the government for making laws such as The Theft Act 1968. (3 marks) LO1


  Green, white, both houses, first reading, second reading, committee stage for voting etc, royal assent.
• Describe the role of the judge in a Crown Court trial. (4 marks) LO1

  Ensure jury understands evidence, judge advises jury how to apply the law, judge will advise the jury on the procedure, judge will ensure a fair trial.
• Assess how two forms of punishment meet their aims. (5 marks, 5 marks) LO2

  Fines and retribution:

  Punishment for minor offences, limits how much money offenders have to spend, 15% of those found guilty for an indictable offence received a fine, can also be required to make a compensation payment, if they fail to pay they will be sent to prison.

  Community sentences and rehab:

  Tailored to meet offender's needs, addresses particular offences such as curfew to prevent night-time crime, may include treatment for drug and anger problems, for those with 50+ previous convictions, reoffending rates are 1/3 higher for those given a short prison sentence rather than a community sentence.
• Ian Jones was arrested and charged with 10 offences of theft under The Theft Act 1968. He was found guilty of all charges by a jury at Crown Court. The probation service produced a report explaining that Ian was brought up in a family with criminal tendencies. The report stated that Ian committed the offences to provide a higher standard of living for his family. At the court hearing the judge imposed a period of imprisonment of 12 months.

  
  

  Analyse the aims of the prison sentence imposed by the judge in Ian's case. (8 marks) LO2


  Deterrence:

  Send out a message that prison is a likely sentence, individual deterrence for Ian who must serve the sentence.

  Retribution:

  Doesn't seek to alter future behaviour- an eye for an eye, Ian's offending has affected the public so he must go to prison.

  Protection of the public:

  Punishments must serve a useful purpose for society, public aren't affected by Ian whilst he is in prison.

  Rehabilitation:

  Alter offender's behaviour, prison would provide protection and rehabilitate him into society.
• Describe two models of criminal justice. (2 marks, 2 marks) LO1

  Due Process Model:

  Fundamental fairness under the law, concentrate on defendant's rights, police powers should be limited.

  Crime Control Model:

  Repression of crime, concentrate on victim's rights, police powers should be expanded.
• Describe two environmental measures used by agencies to achieve social control. (2 marks, 2 marks) LO3

  CPTED:

  arrangements of buildings can affect the rate of crime, promote positive use of space, e.g. green areas.

  Gated lanes:

  restricting access to lanes where criminal activity takes place, in places such as London and Cardiff.
• Using examples, explain what is meant by internal forms of social control. (4 marks) LO2

  Social control definition, examples of internal forms and definition.

  Rational ideology- individual's conscience, stealing a pen from school.

  Tradition- religion or culture, ban alcohol.

  Internalisation of social rules and morality- knowing what is right or wrong, queue jumping.
• Explain the role of the police in social control. (6 marks) LO3


  Reduce crime, testify in court, work with other agencies, monitor all criminal activity, patrol, investigate crime- arrest, detain, question.
• Discuss limitations on the police in achieving social control. (7 marks) LO3

  Budget issues, legislation, policing by consent, keeping up to date, civil unrest, relationships with other agencies, staffing issues.
• Outline the role of the prison service in England and Wales. (3 marks) LO3

  Work with other agencies, keep prisoners in custody, teach them a law-abiding life outside prison.
• Describe judicial involvement in law-making. (4 marks) LO1

  Judicial law making- made by judges in court, they make a judgement from a case forming a law, hierarchy in court must follow these rules, statutory interpretation- when a judge in higher court need to interpret words in the statute.
• Explain how a judge might achieve public protection by passing sentences. (5 marks) LO2

  Judge passes order allowing for a curfew restricting time spent in public, electronic tagging restricts their movements, disqualifications from driving, custodial sentence takes them away from public, life sentence takes them away from public.
• Evaluate the effectiveness of the police service in achieving social control. (6 marks) LO3

  Effective:

  Crime prevention advice, public safety,
• Identify three features of the crime control model of justice (3 marks)

  - The repression of crime is the most important function of criminal justice because order is a necessary condition for a free society

  - Criminal justice should concentrate on promoting victims rights rather than protecting defendants rights

  - The criminal justice process should operate like a conveyor belt, moving cases swiftly along toward their disposition

  - If the police make an arrest and a prosecutor files criminal charges, the accused should be presumed guilty because the fact-finding of the police and prosecutors is highly reliable

  - Similar to right realism requiring punishment for an offence, no matter what the reason behind the commission
• Identify three features of the due process model of justice (3 marks)

  - This model focuses on the presumption of innocence and the necessity of producing fairness by the defendants legal rights

  - It asserts that police powers should be limited to prevent official oppression of the individual

  - The justice system should safeguard all the rights of an individual to provide against a wrongful conviction

  - Justice should involve a thorough investigation where there is protection of the innocent by legislative obstacles to overcome before a conviction can occur ('obstacle course')

  - Relates to left realism approach - focus on the inequalities created by a capitalist society. A more equal and caring society would eventually eliminate crime.
• Briefly describe how prisons serve as a method of social control (4 marks)


  - The term social control refers to the techniques and strategies for preventing criminal behaviour in any society

  - The most visible form of external social control is exercised by people and organisations specifically empowered to enforce conformity to society's law. This can include prisons.

  - Prisons provides coercion or force to achieve the desired result of incarceration

  - Prison also acts as a deterrent, as some people fear it

  - Deterrence has two aspects: individual and general
• Discuss retribution and rehabilitation as aims of punishment for offences such as driving while using a mobile phone (6 marks)

  Retribution:

  - 'just desserts', 'an eye for an eye' or 'let the punishment fit the crime'. For example where an offence has adversely affected the public, or when the public requires protection from the perils of drivers who use phones whilst driving, the offender may go to prison

  - Retribution could be achieved by the increased prison sentence sought by the campaign group

  - Retribution does not seek to alter future behaviour, merely to inflict punishment in proportion to the offence

  - Retribution contains an element of revenge, in that society and the victim are being avenged for the wrong doing.

  - Links to right realism

  
  

  Rehabilitation:

  - Seeks to reform an offender and change their thinking. It is a forward-thinking punishment that aims to discourage an offender from reoffending.

  - Also known as reformation, this aim presumes that criminal behaviour is a result of free will and rational choice. In other words, it is caused by factors that the defendant can actually do something about.

  - A person does not need to use a mobile phone whilst driving and has the free will to avoid its use

  - If an offender appreciates the dangers of driving while using a phone, they may cease such a behaviour

  - Courses making a defendant aware of the dangers of this offence may be ordered by a court

  - Links to individualistic theories of crime
• Assess how forms of punishment meet the aim of public protection in cases where individuals drive while using a mobile phone (9 marks)

  - Custodial sentences: Likely to protect the public from individuals who drive while using a phone. This is because they are isolate from society and prevented from driving.

  - However this protection only lasts during the period of imprisonment and may not be a deterrent once the individual is released from custody.

  - Suspended sentence may offer public protect as an individual faces an immediate imprisonment if they carry out further criminal activities during the suspension.

  - A disqualification from driving order would remove the individuals right to drive a vehicle and hence provide protection by way of incapacetation. However an individual could decide to drive while being disqualified and hence there is little protection provided.

  - Community order may require an individual to attend a training programme to educate them on the dangers of using a phone whilst driving. This education may result in rehabilitation and a changed view, where the offender no longer wishes to drive while using a phone

  - A fine may lead to protection if the offender struggles to meet the payment and is therefore discouraged from reoffending. However, failure to pay the fine may result and a fine default situation can occur.
• Briefly explain the role of one charity involved in achieving social control (4 marks)

  The Howard League for Penal Reform:

  - It petitions to have fewer people in prison and to transform prisons for those who remain behind bars

  - It works with parliament, the public, the media and numerous other agencies in the CJS

  - It is independent from the government and is funded by voluntary donations and membership subscriptions

  - It works to educate the public on social control issues. For example, its Citizenship and Crime project in primary and secondary schools has reached over 22,000 children aged 10 - 16

  - It has secured welfare support for children in and out of custody

  - 2014, campaigned against restrictions on prisons receiving books from friends and family. The campaign was successful and they won an award in 2015 in recognition of their work
• Discuss the role of the Police service in achieving social control (5 marks)

  - The aim of the police is to reduce crime and maintain law and order. This involves the protection of life and property and preservation of the peace and prevention and detection of criminal offences.

  - They do this by working alongside communities and having statutory powers of arrest, detention, search and interview. Their powers are substantially contained in the Police and Criminal Evidence act (PACE) 1984

  - All police forces have teams of officers who are responsible for general beat duties and respond to emergency and non-emergency calls from the public

  - Nearly all police officers begin their careers in this area of policing, with some moving on to more specialist roles. For instance neighbourhood officers and Criminal Investigation Department (CID) dealing with serious/complex crimes

  - Police Community Support Officers (PCSO) - support police officers with some powers
• Describe how the probation service is funded (3 marks)

  - This is a government sponsored agency that manages high-risk offenders within the community. The government provides funding from income tax revenue.

  - The agency is part privatised. The medium and lower risk offenders are managed by 21 community rehabilitation companies. These are businesses and are self-funded working for profit.
• Explain how a judge might achieve public protection by passing sentences (5 marks)

  - A custodial sentence would protect the public as the defendant would be in prison and away from the public. A judge can give a life sentence and recommend it means life, if appropriate.

  - A judge can pass orders requiring a defendant to adhere to a curfew which restricts the time they can interact in the open with the public.

  - Electronic tagging can be seen as a restriction that could protect the public as it will restrict the defendant's movement.

  - Disqualifications from driving can protect the public, particularly where the offending involves driving.
• Explain the role of the national probation service in achieving social control (5 marks)


  - The priority of the NPS is to 'protect the public by the effective rehabilitation of high risk offenders, by tackling causes of offending and enabling offenders to turn their lives around'

  - Preparing pre-sentence reports for courts, to help them select the most appropriate sentence.

  - Managing approved premises for offenders with a residence requirement on their sentence

  - Assessing offenders in prison to prepare them for release on licence to the community, when they will come under supervision.

  - Helping all offenders serving sentence in the community to meet the requirement ordered by the court. Probation would be expected to challenge offending behaviour, work towards positively changing an offenders attitude, protect the public and work with partners to reduce re-offending
• Explain why imprisonment acts as an external form of social control (4 marks)


  - The threat of imprisonment acts to persuade or coerce members of society to conform to the rules

  - The fear of punishment/imprisonment may deter people from offending

  - The idea of a loss of liberty may ensure social control

  - The possibility of a substantial term of imprisonment may deter people from committing serious crimes

  - Fear of the consequences of a prison sentence in future life, such as loss of employment, may act as a social control mechanism
• Describe the relationship of the prison service with other agencies in the criminal justice system (7 marks)

  - Prison service and the courts - Prisoners must be brought to and from the court when hearings are listed so administration and communication between the two are important. Prisoners would be held in court cells pending their court hearing and return to prison.

  - Prison service and the police - Prisoners are held locally once arrested, and are transported to prisons if a remand into custody has been ordered by the courts. Police would arrest a prisoner recalled whilst on probation and ensure return to prison

  - Prisons and Lawyers - Lawyers may seek visits to prisons for legal consultations

  - Prison and the judiciary - It is the judge who sets a term of imprisonment, including the length, type and whether it is concurrent or consecutive

  - Prison Service and the probation service - Liason and preparation between the two agencies when prisoners are released, overseeing prisoner once released if on licence or parole, liaison between the two should there be any issues and recall to prison is appropriate.
• Describe the role of the judge in a Crown court trial (4 marks)

  - The system is adversarial, which means that the parties run their cases, with the judge acting as referee

  - The judge has to ensure, as far as possible, that the jury understands the evidence and the issues

  - The judge will deal with any points of law that have to be decided and will advise the jury on how to apply the law to whatever facts they find.

  - They will advise the jury on procedure and will explain their duties

  - The judge will ensure a fair trail and ensure it is human rights compliant

  - The judge will pass sentence if the defendant is found guilty

  - Under the criminal justice act (2003), it is possible for a judge to sit alone, without a jury, to determine a verdict.
• Assess how two forms of punishment meet their aims (5 + 5 marks)

  - Community sentences & rehabilitation - Sentence can be a combination of requirements tailored to meet offenders needs e.g. unpaid work or curfew. This can address particular aspects of sentencing or particular offences such as curfew to prevent night-time burglaries. May include treatment programme to deal with anger control, drug or alcohol abuse. Community sentences are effective by 8.3% at reducing one-year offending rates than custodial sentences of less than 12 months for similar offences.

  - Imprisonment & Deterrence - Prison may act as a general deterrence e.g. Long prison sentences were given during the London Riots in 2011, which deterred others from committing offences. Prisons can be seen as a tough type of punishment because it takes away your freedom, potential support networks and strips away your identity.
• Using examples, explain what is meant by internal forms of social control (4 marks)

  - Rational ideology - such as an individuals conscience, feelings of guilty, anxiety or worry from within. May be a result of upbringing. For example stealing a pen from school.

  - Tradition - could relate to religion or culture. For example religions which band consumption of alcohol or Christians eating red meant on Good Friday.

  - Internalisation of social rules and morality - Knowling what is right or wrong based on social values. For example littering.
• Outline the role of a jury in a Crown court case (3 marks)

  - Listen to evidence including witnesses, expert evidence, written testimony, photographs, and other exhibits

  - Make notes if so desired

  - Ask questions, via the judge

  - Listen to closing and opening speeches from barristers

  - be advised on the law by the judge

  - Consider verdict in secret

  - Unanimous and majority verdicts possible
• Discuss retribution and Rehabilitation as aims of sentencing (10 marks)


  Retribution - Idea based on an offenders behaviour is deserving of punishment. It does not seek to alter future behaviour merely to inflict punishment in proportion to the offence. Let the punishment fit the crime. An eye for an eye. If a persons offending has adversely affected the public or if the public requires protection then a prisoner must go to prison. For example an increased sentence for crimes with a racial motive. Retribution contains an element of revenge, in that society and the victim are being avenged for the wrong doing. For example, longer prison sentences are causing death by dangerous driving were justified in this way. The maximum prison sentence was increased from 5 to 10 years for this offence in 1993, and in the criminal justice act (2003) it was increased again to 14 years.

  
  

  Rehabilitation - A forward-looking aim with a hope that the offenders behaviour will be altered and they will not re-offend. Prison aims to provide direction and rehabilitate prisoners back into society. Rehabilitative sentences can also be controversial since it may appear that the offender is being 'rewarded' for committing crimes (such as 'holidays' for youth offenders). This can cause a great deal of outrage in society. Such sentences are also expensive and require investment of resources. It is also debatable as to whether it is justifiable for the state to change the way people think, rather than just punish them for their wrongful conduct. This can be seen in community sentences. The abuse of drugs causes many crimes and there have been new punishments introduced to help rehabilitate the offenders. For example drug testing and treatment orders. Reformation is a very important element in the sentencing philosophy for young offenders.
• Discuss reasons why individuals abide by the law (8 marks)

  - Internal forms of social control such as conscience, upbringing and family traditions may make individuals abide by the law.

  - Coercion is the use of force to achieve a desired end. It may be physical or non-violent. For example the police and prison services have the power to restrict liberty of person. The police have rights of arrest and detention mainly under the Police and Criminal Evidence act (1984). Enforced detention is overseen by HM prison service

  - Fear of punishment is inherent in deterrence where punishment is used as a threat to deter people from offending. The concept of deterrence has two key assumptions; individual and general deterrence. The courts will impose sentences to prevent people from committing further crimes. For example a suspended sentence.

  - External pressures persuade members of society to conform to their rules. The most visible form of external social control is exercised by people and organisations specifically empowered to enforce conformity to society's laws.

  - Control theory - Reckless argued that a combination of internal psychological containments and external social containments prevents people from deviating from social norms

  - Hirschi stresses the importance of the individuals bond to society in determining conforming behaviour

  - The police service, courts, NPS and the HM prison service are the most obvious agents of external social control

  - The ministry of justice introduces sentencing policies to use coercion and the fear of punishment to control crime. For example mandatory minimums such as life for murder, 7 years for a 3rd drug offence and 3 years for a 3rd burglary
• Identify two aims of a probation order as a court punishment (2 marks)

  - Rehabilitation

  - Deterrence

  - Retribution

  - Public protection/incapacitation

  - Denunciation

  - Reparation
• Explain how probation orders act as an external form of social control (7 marks)

  - Probation is an external form of social control that acts as a pressure to try and persuade or compel members of society to conform to the rules

  - Probation uses coercion to achieve a desired result. A threat of future punishment for the law breaking.

  - Probation orders also act as a deterrent or threat to stop people from further offending

  - There is individual deterrence with a continued threat of custody for future breaking of the law, including a breach of the terms of the order

  - Probation orders could be seen as a general deterrence by members of society. This includes the fear that a probation order be given together with the restrictions and conditions is imposes. People can envisage the potential consequences of breaking the law.

  - Reference to a control theory to explain why people do not commit crime e.g. Reckless or Hirschi

  - Probation service works with other agencies to safeguard the public, for example MAPPA (multi-agency public protection arrangements)
• Analyse the relationships between the probation service and other agencies in the criminal justice system (8 marks) - 3d - 2019

  - The probation service is a part of HM prison and probation service, formally called national offender management service (NOMS). This is part of the ministry of justice, which also includes the courts and prisons.

  - The national probation service (NPS) oversees prisoners once released from prison, if on licence or parole.

  - The police may be called upon to assist if a person on probation reoffends. The police will arrest an offender released from prison who breaches the terms of his or her release and is recalled.

  - The NPS will liaise and make preparations, other agencies when prisoners are about to be released

  - There will be overseeing with all of the prisoners who have served a sentence of up to two years, and released on licence, for a minimum of 12 months

  - Probation officers will attend the court and provide advice about any breaches. They may be called upon to prepare a report for the court, especially if the court is considering imposing a probation order. The judge or magistrate could order such a probation report.
• Describe the relationships between the courts and agencies of formal punishment (the prison service and the probation service) within the criminal justice system (9 marks)

  - The probation services and other agencies such as the police attend MAPPA (multi-agency public protection arrangements) meetings to assess and report on an offenders risk to the public

  - The probation services may be required to attend either the magistrate's court or crown court to provide a report about offenders (pre-sentence report)

  - The probation service may attend court to provide information about how the offender is progressing on a community order

  - Where there is a breach of a community order, the offender may be returned to court for further sentencing and a possible prison sentence

  - The probation service may liaise with the prison when an offender is about to be released. They attend meetings in prison and provide reports to prison governors that help determine whether a prisoner should be released and under what conditions

  - If a prisoner has served between 2 days and 2 years, on release they must serve a probation order of a minimum of 12 months

  - If an offender is on remand, the courts and prison service must liaise with each other to ensure the defendant appears before the court

  - The prison service may need to produce the offender for a court appearance via a video link rather than in person at a court