Crim Unit 4

• Governmental process:

  • pre parliamentary stage includes the public consultation
  • green to white paper
  • enters both the house of lords and commons
  • Stages: first reading, second reading, committee stage, report stage, third reading and royal assent
• Judicial process:

  Judicial president =

  • laws made by the higher judge
  • must be followed in all similar cases
  • ensures the law is applied consistently
  • Donohue V Stevenson = decomposed snail
• Judicial Process:

  Statutory interpretation =

  • interpret wording in statute
  • rules to help them interpret the law as they see fit
  • seen as creating laws by the judiciary
  • Whitley V Chappell = impersonating a dead person to vote
• Relationships:

  Police and CPS =

  • police pass on sufficient evidence to the CPS
  • CPS establish if the police have gathered enough evidence to prosecute
  • the CPS will advise the police during the early stages of an investigation
• Relationships:

  Police and Courts:

  • Police can apply to the courts for a warrant to search a property
  • Police will arrest and transport a suspect to the court
  • if the police deny bail the courts can grant it
  • police can testify in court
• Relationships:

  Prison and Probation:

  • probation communicates with the prison about offenders who are due to be released
  • probation oversees an offender after their release
  • 2 days to 2 years in prison = 12 months min probation
• Relationships:

  Courts and Prisons:

  • prison will prepare the prisoner to testify in court
  • the court can grant permission to transfer the prisoner to another prison
  • defence lawyers may visit the prison to consult with the offender
  • the prison will produce a pre sentencing report ready for the offenders release
• Relationships:

  Courts and Probation:

  • probation will attend court
  • probation will create a pre sentencing report to ensure an appropriate sentence is given
  • courts will decide the probation requirements based off the pre sentencing report
  • breaches in probation will result in the offender returning back to court
• Relationships:

  CPS and courts:

  • CPS will pass on sufficient evidence to the court
  • the CPS will prepare and present the case for court
• Due Process model:

  • presumption of innocence
  • rights of the defendant
  • police powers should be limited
  • prevents wrongful convictions
  • links to left realism and Marxism
  • eg: human rights act
• Crime control model:

  • looks for the repression of crime
  • quick and efficient = assembly line
  • aims to punish offenders
  • presumption of guilt
  • rights of victim
  • police should have enhanced powers
  • zero tolerance approach
  • EG: removal of double jeopardy
• FOSC:

  External =

  • outside influences that are imposed by authority
  • coercion = using force to achieve a desired outcome
  • fear of punishment = acts as a deterrent making them less likely to break the law
  • deterrence = individual and general
• FOSC:

  Internal =

  • we control our behaviour through our conscious
  • weigh up the costs and benefits
  • Rational ideology = staying away from a behaviour due to feeling guilty as a result of upbringing
  • Tradition = the cultural norms that prevent someone from committing the act
• FOSC:

  Control theory =

  • proposed by Reckless
  • interaction between internal psychological influences and external social influences
  • able to resit urge due to our containments
  • inner = upbringing and socialisation
  • outer = social groups and laws
• FOSC:

  Hirshi =

  • bonds to society
  • Attachment = positive attachments to family and friends promotes positive behaviour
  • Commitment = wanting to achieve goals
  • Involvement = social activities such as school or sports
  • belief = rules of society are just and fair
• Aims of Punishment:

  Retribution =

  • aims to punish the offender
  • eye for an eye
  • right realism
  • EG: prison sentence
• Aims of Punishment:

  Rehabilitation =

  • aims to reform the offender
  • promote desirable behaviour
  • discourages them from reoffending as it shows that criminal behaviour is a result of free will and rational choice
  • EG: community sentence
  • individualistic theory
• Aims of Punishment:

  Public protection =

  • aims to protect society
  • loss of liberty
  • EG: prison
  • reduce recidivism rates as they no longer have the opportunity to commit crime
  • right realism
• Aims of Punishment:

  Deterrence =

  • aims to prevent reoffending
  • individual and general
  • Prisons are known as criminal universities
  • Marxism suggests that crime is inevitable and therefore deterrence will not work
• Aims of Punishment:

  Reparation =

  • aims to compensate the victim
  • EG: paying money to fix broken items
  • restorative justice = meeting between the victim and the offender to allow closure and understanding
  • left realist approach
• Aims of Punishment:

  Denunciation =

  • aims to reinforce moral and ethical boundaries
  • society shows disapproval for criminal activity
  • EG: no longer acceptable to smoke in the car with children
  • provides accountability for the crime and strengthens social cohesion
  • labelling theory suggests however that this may lead to a self for filling prophecy
• Forms of punishment:

  Imprisonment =

  • retribution -> punishes offender by removing freedom
  • public protection -> removes offender
  • rehab -> helps them to rebuild their lives to reintegrate back into society safely
  • deterrence -> prevents the offender from reoffending as they do not want to return to prison
• Forms of punishment:

  Community sentence =

  • retribution -> offender is being punished by complete hours of unpaid work
  • rehab -> able to work in the community to reform their mindset and attend treatment programs
  • denunciation -> able to see that what they did was wrong in the eyes of society
  • deterrence -> wont want to complete another up to 300 hours unpaid work
• Forms of punishment:

  Fines =

  • deterrence -> wont want to part with their money again
  • reparation -> loosing money to compensate the victim
  • retribution -> limits the amount that they can spend
• Forms of punishment:

  Discharges =

  • absolute = court enough will deter them
  • conditional = if they reoffend in the next three years they will receive the current conviction and the prior one
• Environmental design:

  CPTED =

  • crime prevention through environmental design
  • crime results from an opportunity in the physical environment
  • neglected zones have higher crime rates
  • broken window theory
  • open spaces
  • strong lighting
  • low level bushes
  • CCTV cameras
• Environmental:

  Gated Lanes:

  • restrict access to the rear of houses and other areas
  • gain control over the area
  • reduction in anti social behaviour and rubbish dumping
• Environmental:

  prison design =

  • panopticon = watch tower, watched 24/7 and only one way glass
  • super max = rural areas, confined to cell for 23 hours and for high risk offenders
• Behavioural:

  ASBO =

  • anti social behaviour order
  • restricts the individual
  • however regularly breached (56%)
  • turned into CBO's
  • if broken it would result in a 5 year prison sentence
• Behavioural:

  Token economy =

  • reinforces positive behaviour
  • given tokens for good behaviour
  • + behaviour = following rules, cleaning cell and non-violent behaviour
  • tokens can be exchanged
  • TV, extra visits and cigarettes
• Institutional Tactics:

  • control undesirable behaviour
  • rules set in place
  • eg: stopping staff from doing job or behaving violent
  • if broken results in a punishment
  • Eg: removal of privileges, confined to cell or a caution
• Police:

  • aim to reduce crime and maintain law and order
  • involves protecting life, property and detecting crime
  • funded by government
  • must act with honesty and integrity by not abusing power
  • should act fairly and be impartial
• Police WP:

  • monitor criminal activity
  • respond to non-emergent and emergent calls from the public
  • can progress into specialist units such as anti terrorism or firearms
  • work with other agencies such as testifying in court
  • 43 forces in England and Wales
• CPS:

  • took over the investigation role from the police in order to reduce bias and stress on the police
  • they will decide which cases to prosecute
  • independent, fair, honest and treat everyone with respect
  • government funded
• CPS WP:

  • deal with a full range of offences
  • available 24/7 to the police to advise them
  • conduct the full code test to decide if the should prosecute
  • evidential and public interest stage
  • conduct threshold test if there isn't enough evidence and they think the offender may be a bail risk
• Judiciary:

  • role of the judge is to make decisions about the law (interpret and apply)
  • manage a trial to ensure it runs smoothly
  • make sure the trial is compliant with human rights
  • funded by senior salaries review body
• Judiciary WP:

  • take two oaths/affirmations (oath of allegiance and judicial oath)
  • they make decisions on people freedom therefore their decision must be made based on the law, evidence and facts
  • must apply the law fairly and consistently
  • they are appointed and have security of guaranteed employment
  • system of hierarchy in the courts
• Prisons:

  • aims to provide a formal punishment
  • attempts to rehabilitate offenders
  • funded by the government
  • serves the public by protecting them
  • must look after inmate humanly
• Prisons WP:

  • 109 out of 123 prisons are in the public sector and are ran under HMP
  • offenders will be risk assessed to decide of which category of prison they will go to
  • CAT A = high risk offender and pose the most treat
  • CAT B = high risk offenders but don't need the highest security
  • CAT C = low risk offenders but are not trusted in open conditions
  • CAT D = very low risk and are trusted in open conditions
  • Can offer incentives for good behaviour
• Probation:

  • supervise high risk offenders being released
  • funded by the government
  • believe that the offender can change
  • committed to promoting social justice