Criminology Unit 4

?

AC1.1: Processes used in lawmaking (Parliament)

Parliament creates legislation (statutes). Parliament is made up on House of Lords and House of Commons: HoL is for peers made up of people with aristocratic ranks and are resposible for ensuring laws are accurate and impartial.The HoC is where the current govt sits and these are the ones who propose/make bills. 

Parliamentary Stages of a Bill- this is what a Bill needs to go thorugh before it gets passed:

  • 1st Reading: The govt lets poeple know about the bill.
  • 2nd Reading: The main debating stage.
  • Committee Stage: Smaller groups of Lords/MPs look at it and maked ammends if need be.
  • Report Stage: Ammendments made ot the bill are read out in parliament,
  • 3rd Reading: Decides if the bill goes through or not.
  • The Lords: Goes through the same process. Checks and returns.
  • Royal Assent: Monarch's seal of approval to pass a bill.
1 of 37

AC1.1: Processes used in lawmaking (Judiciary)

JUDICIAL PRECEDENT: Looks at what's happened before. Helped create 'common law' since everyone generally uses the same precedent for cases. Two exceptions:

1. Distinguishing- if a case is different enough to warrant a different decision + not follow precedent.

2. Overruling- if a crown court rules that a decision is wrong, they can overturn it.

STATUTORY INTERPRETATION: Used when parliament has written a law but what it means is unclear. 3 rules to help judges with this-

1. Literal Rule: Decide using the written words exactly. (eg. Cheeseman vs DPI)

2. Golden Rule: Modify the literal meaning to avoid an odd outcome. (eg. Adler vs George)

3. Mischief Rule: Make a decision on what the law was intended for, not what it says. (eg. Corkery vs Carpenter)

2 of 37

AC 1.2: Organisation of the Criminal Justice Syste

POLICE: Main investigatory body for all crimes while protecting the public and enforcing the law. First to arrive at a scene. Interview witnesses, gather evidence, follow leads, fetain suspects ans secure crime scenes. 

Links: Works with the CPS to get advice + send cases to court. Often give evidence in court. Works with the probation service in offender management.

CROWN PROSECUTION SERVICE: Advises police, reviews cases sent to them by the police and decides which cases go to court. Also applies the Full Code Test to their cases to help inform its decisions. Ensures consistency in the JS and avoids bias/unfairness. Prepares and presents the prosecution's case in court.

Links: Advise the police on charging a suspect. Conduct advocasy of cases in court. 

COURTS: Charged suspects will be brought before a court. Guilty pleas lead to a sentencing, not guilty ones lead to a trial. After a trial, judges/juries will decide if a person is guilty or innocent, then a judge will sentence, whether its community service, prison, a fine, etc.

Links: Police ensure safe delivery of offenders to courthouse, prisons arrange video links for prisoners who aren't going to court. 

3 of 37

AC1.2: Organisation of the Criminal Justice System

HM Prison: Supervises offenders in custody. Most are govt run but some are private. 4 different catagories of prison: A, B, C and D. A is the highest security for the highest risk prisoners, down to D which are open prisons. 

Links: Assist in prisoner transportation from court and provide video links. 

Probation Service: Supervises offenders who are serving their sentences in the community, also incluides poeple who are on licence. Government run. Aims to rehabilitate offenders and prep them for a crime-free life.

Links: Helps manage offenders for police and arrest them for the prison service. Prep for a prisoner's relsease + oversee them for prisons. For courts, they oversee all prisoners who served up to a 2yr sentence and is relseased on licence for 2 months.

4 of 37

AC1.3: Models of criminal justice

CRIME CONTROL: Quick and efficient like a conveyor belt. Aims to punish criminals and stop them comitting further crime it's fine if a few innocent people are jailed if the majority of the people in prison are guilty. Police have more powers and trust. 

Supports CC model: allowing introduction of 'bad charcater' evidence and knowledge of previous convictions to assist the jury in deliberating a verdict. 

Examples of cases using the CC model: Colin Stagg was wrongfully suspected of murdering Rachel Nickell in broad daylight. Female police officer posed as 'Lizzy'. Lizzy lured him into a honey trap, pretending to love him, an attempt to get him to confess. 

DUE PROCESS: Slower and more careful than CC, like an obstacle course. Innocent until proven guilty. Accused's rights are priority and its fine if some guilty people go free on technicalities if most innocent people go free. 

Supports DP model: All interviews are recorded and all suspects have right to legal aid.

Examples of using DP model: R v Home Secratary. Child killers John Venables and Robert Thompson accsued the Home Sec of denying their right to relsease even though they killed as childrena and seemed to make substantial progress- Thompson would get arrested again after being released for having indecent images of kids on his laptop.

5 of 37

AC1.3: Models of criminal justice

Crime Control model links to-

Right realism: Both CC and RR use zero-tolerance policing, heightened police powers and harsher sentencing.

Functionalism: Durkheim said punishment reinforces society's moral boundaries. Main function fo justice is to punish the guilty which allows society to express outrage and also stregthens moral cohesion.

Due Process model links to-

Labelling: Police may be tempted to act illegally by harassing grups they label as criminals. DP offers protection from this by requiring police to follow a lawful code of conduct and not exceed their powers.

Left realism: Argues that military policing of poor areas sparks confrontation and makes residents less willing to cooperate w/ authorities. Police must follow DP by acting lawfully and non-discriminatory if they want to effectively fight crime, which they need the public's help to do.

6 of 37

AC2.1: Explain forms of social control. int.

Religion: Have alternate rules that are accepted as the norm and followed/conformed to by people so they will affirm their faith and be part of the community.

Cooley and Ross: Int. social control is linked ot our own behaviour and its up to individuals to decide what rules to follow because they believe its right.

Freud's psychodynamic theory: We confomr to society's expectations because the superego (morals, goodness) says its right- we know right from wrong and if we do something wrong, we'll feel guilty. As the superego develops with socialisation from friends/family, it becomes our moral compass. Our identity is restricted because acting on them leads to crimnality- superego gives us self control so we act correctly.

Rational theory: External traditions/social rules by parents or religious leaders become one with our personality. We internalise these, then socialise with others who hold similar beliefs then they become part of our moral codes, so we willingly conform to social norms. 

7 of 37

AC2.1: Explain forms of social control. ext.

  • Includes family, education, peers. All of these have positive and negative sanctions attatched (eg. school points for homework, detention for no homework).
  • CJS examples of negative sanctions: Police stop and searches, CPS prosecutions, judiciary sentences, prison detentions. All these are examples of coersion- using threats to stop people doing things. 
  • Positive santions in the CJS: getting time of prison sentences for good behaviour.
  • Fear: If people fear punishment, laws won't be broken. Laws act as a deterrence.

Hirschi's control theory: People are controlled by our bonds to society, which have 4 elements:

  • Attatchment: How much we care about people's opinions.
  • Committment: What we have to lose.
  • Involvement: How involved we are.
  • Belief: Personal moral code.

Parents have an important role in creating these bonds. Low self control is a factor in young delinquency as a result of poor socialisation and absent parents/ a lack of discepline from present parents.

8 of 37

AC2.1: Explain forms of social control. ext.

Riley/Shawn: Lack of parental supervision is important in delinquency- parents should involve themselves more in their upbringing, emphasis on teens. Family time should be dedicated to explaining pitfalls of criminal behaviour to deter teens from crime.

Heidenson: Society is male dominated so its harder for women to offend- less time outside the home because of home/family commitments. Women who end to offend have been abused in the home + fail to form attatchment to parents.

9 of 37

AC2.2: Aims of punishment

RETRIBUTION: Revenge- Public gets justice, offender gets what they deserve. The punishment should always match the crime. 'An eye for an eye'. Examples include scold's bridles from medieval times (cages put on the heads of women who gossip or lie, had a spike in the mouth that was painful and hindered eating and talking. Aimed to hurt and humiliate). Links to:

  • Right Realism- rational choice: Offenders think rationally so should be held totally responsible for what they did, so they need to suffer society's outrage.
  • Functionalists- Durkheim: This is a way to show moral outrage which helps reinforce moral boundaries and whats right or wrong.

INCAPACITATION: Offender is stopped from excersising freedom so the public is protected. Examples include long prison sentences, chemical castration and tagging, and the 3 strikes rule in the US (Jerry Williams case). Imprisonment is the main form and incapacitation is the main reason 'why prisons work' since it phsycially takes danger away from society. Links to:

  • Lombroso's biological theory: Criminals are so inherently different to the rest of society that its hard to rehabilitate them, so sending them away os better (eg. to convict colonies like Australia.)
10 of 37

AC2.2: Aims of punishment

  • Deterrence can be:
  • Individual: deters specific individuals from reoffending, punishment may convince offenders that its not worth it. Example is the 'prison works' argument since its partly based on the idea that if sentences are harsh, people wont wanna go back to jail.
  • General: deters society from offending. If the public sees people ebing punished, they'll see that for themselves if they do something similar. Examples include executions or public hangings.

It links to:

  • Right Realist- rational choice: If the costs outweigh the benefits (eg. murder- death penalty or revenge), they won't commit the crime.
  • Social learning theory: If offenders see models (eg. peers) get punished for offending, they won't immitate the behaviour.

Criticisms:

  • Offenders might be ignorant to what is/isn't a crime.
  • Over 1/2 of people reoffend after leaving jail. How do we know if a punishment fits the crime?
  • When people follow the law it  could be due to their own morals, not deterrence.
11 of 37

AC2.2: Aims of punishment

Rehabilitation: Alters offenders' behaviour in an attempt to reform them using treatments (eg. drug or alcohol rehab, anger management) and addressing why they committed the crime in the first place. Community service and education/training are also included in this. Links to:

  • Cognitive theories: Rehab can teach people correct what led them to crime.
  • Eyesenck's personality theory: Favours aversion therapy (eg. shock therapy) to deter offending.
  • Operant learning: Supports token economy to encourage better behaviour.

Criticisms: People still reoffend after rehab. Cost is high and punishment isn't given. Shifts the blame from societal issues (eg. capitalism) onto indivduals.

Reparation: Offender makes amends for what they did, either to society, the victim or both. Amends can be made in 2 ways- financial compensation (eg. paying for the cost of damaged items) or unpaid work (eg. removing graffiti). Restorative justice can also be included (offender recognises their wrongdoing and often done by offender and victim/victim's family meeting in person). Links to:

  • Labelling: letting offenders show genuine remorse will help reintegrate them into society.
  • Functionalist: resolutions are essential for society to function smoothly.

Criticisms: Not going to work for all offences- harder to forgive violent/sexual crimes. Could be too soft.

12 of 37

AC2.3: Punishment meeting aims (prison)

Life sentence- Minimum tarrifs are set that the prisoner needs to serve- parole board assesses if they can leave once thats up and if they can, they'll be on liscence for the rest of their life. Are compulsary for murder, whole life sentences can be set for people who shouldn't be released and judges can decide to sentence to life for serious offences. Indeterminate sentences have no fixed length or automatic right to release.
Determinate sentence- fixed length but some may spend half the time in prison, other half doing community service.
Suspended sentnece- offender given a prison sentence but doesn't need to go- can be served in the community.

Do prisons work?:

Retribution: Don't know if the time and crime fit. Doesn't work for some offenders (eg. homeless).
Deterrence: Studies say half of people released from prison get convicted again after 1 year.
Incapacitation: Cons can learn from others inside prison and don't many get put away for long.
Reparation: Prisons w/ jobs inside prison have part of their wage paid to victim support services.
Rehabilitation: Short sentences can't be productive. Large reoffending rates (48%-64%). Education and training is limited so people could turn to crime again on release.

13 of 37

AC2.3: Punishment meeting aims (community)

Given for crimes that too serious for a fine/discharge but not serious enough for jail. Have conditions attatched, like curews, group programmes (eg. anger management), probation, unpaid work, addiction treatment or residency requirments.

Has 3 aims:

  • Retribution: 'Punishment' is required (eg. curfews, unpaid work) and will often interfere with their independence, ensuring punishment. Any who do unpaid work wear high vis vests- shame.
  • Reparation: Can be classed as unpaid work to repair damage/remove graffiti. Hours can vary, 40-300hrs deoending on severity. Can be arranged outside of work hours if they have a job.
  • Rehabilitation: Issues they have are addressed (eg. drugs, alcohol, anger, homelessness, mental health, no education). Training/treatment is available.

Does community service work?:

  • Some studies say its better in terms of rehabilitation- 34% of community service offenders reoffended, compared to prisoners' 64%.
  • Prison Reform Trust found they're effective for people with prior convictions.
  • But use of community sentences have declined- 14% in 2007 to 8% in 2017.
14 of 37

AC2.3: Punishment meeting aims (fines)

2 aims:

  • Retribution: Could cause more suffering than prison because it could make people struggle financially.
  • Deterrence: Could make people hesitatnt to reoffend if fined each time. Usually used on first time offenders so it might be good enough of a warning.

Financial penalties for less serious offences. Amount paid depends on:

  • Offence- law decides the minimum/maximum allowed.
  • Circumstance- sentencing guidelines.
  • Ability to pay- people in financial trouble get smaller fines.
  • Court- Magistrates can only give fines of £5000 (or £10 000 for 2 offences).

People who fail to pay can be imprisoned and fines can be taken out of wages or benefits, and bailiffs can be sent to sieze goods that match the fine's value. Most fines aren't paid off (backlog of £750mil in 2016) and most are written off, so they can't be that effective. 

15 of 37

AC2.3: Punishment meeting aims (discharge)

Aim of a discharge is deterrence.  These are the lowest level of punishment available and are seen to be a warning to an offender's future conduct.  


There is a low rate of re-offending following an offender receiving a discharge especially if it was a first time office.  Perhaps the experience of going to court is enough for the offender to change their futures and remain crime free?  This shows us that discharges meet the aim of the punishment.

16 of 37

AC3.1: Agencies' role in social control

POLICE

Philosophy: Prevent crime and disorder.

Aims: Reduce crime and maintain law/order, bring offenders to justice. 

Objectives: Aims are achieved by use of statutory legal powers under PACE 1984 to stop, search, question, arrest etc.

Working practices- National/local reach: 43 regional forces in England and Wales. 

Working practices- Types of offenders: All criminals but specialists deal with certain ones, ie fraud. 

Specialist policing: Supported by Police Community Support Officers (provide reassuring presence on streets and tackle antisocial behaviour) and Special Constables (unpaid citizen volunteers w/ police training).

Funding: Mix between govt and council tax money. 

17 of 37

AC3.1: Agencies' role in social control

CPS

Philosophy: Independence and fairness, respect, profressionalism, honesty, openness.

Aims/ Objectives: Advise police in investigations about what they need to build a case, assesses evidence sibmitted to it through tests, preps/presents prosecution cases in court.

Working practices- National/local reach: National throughout England and Wales w/ 14 regional teams to prosecute locally. 

Working practices- Types of crime: All except the most minor.

Working practices- Code: Two tests used when deciding to prosecute;

  • Full Code is split into Evidential (checks if evidence is admissible) and Public Interest stages. Threshold test is used when there's not enough evidence to prosecute now, but if there's reasonable belief more compelling evidence can be found with more time.

Funding: Half a billion a year from the govt but recovers some costs from confiscated criminal goods. Funding cuts as big as 25%.

18 of 37

AC3.1: Agencies' role in social control

JUDICIARY

Philosophy: Precedent, impartiality, integrity, propriety, competence, equal treatment.

Aims/ Objectives: Interpret/apply the law to the cases that come to them in court. In Crown, judges manage the trial, ensure fairness, explain legal issues to the jury and passing sentences if the defendant is guilty. In Appeal, they rule on appeals.

Working practices- oaths: Take Judicial oath and Oath of Alliegence. Have a guarenteed salary and security of tenure. 

Working practices- local/national reach: Supreme has national jurisdiction, lower courts handle local cases.

Working practice- types of crime: All except minor ones that usually end up either in a caution/warning form police or go to Magistrates.

Funding: Salaries depend on advice given to the PM/Lord Chancellor by the Senior Salaries Review Body.

19 of 37

AC3.1: Agencies' role in social control

PRISONS

Philosophy: Prevent victims by changing the lives of offenders.

Aims/objectives: securely hold prisoners, protect the public from harm and help convicts to rehabilitate.

Working practices: Most are public sector and ran by the Prison Service (109/123 prisons), some are private though. Incentives/earned privilages are available to prisoners who stick tp prison rules. All prisoners start off on a Standard leve; (TV, can eat in the canteen, some gym access) but can be moved up to Enhanced for good behaviour (more visits) or Basic for poor behaviour (no TV, eat in the cell, limited visits).

Working practices- types of crime: Usually higher risk criminals who aren't deemed safe to be outside. Severity of crimes vary. 

Working practices- national/local reach: Organised nationally and set up throughout the UK, and get sorted into catagories- A for high risks of harm/escape, D is for open prisons.

Funding: Paid for by the govt from taxes.Total budget in 2018 was 16% less than 2010, led to staff cuts. 2015's average cost of keeping an offender in prison was £36k.

20 of 37

AC3.1: Agencies' role in social control (probabtio

Philosophy: Commitment to equality, diversity and justice. Belief in the worth and dignity of individuals. Believe that offenders can change and be responsible.

Aims/objectives: Supervises released offenders. Work with offenders and the communities they've been released into. Works with 30,000 people a year and 21 private rehabs, courts and police.

Working practices: Offenders do a max of 300hrs unpaid work, have curfews, residency restructuring or group programmes.  Offenders are usually released on licence halfway through a sentence.

Working practices- local/national reach: Same standard throughout the country but service is local. Divides into 7 divisions across England and Wales. 

Working practices- types of criminal: Any deemed safe enough to re-enter society.

Funding: Income tax through the National Offender Management Service.

Responsibilities:  Assess prisoners to prep them for release, help them serve community sentences while on lisence, prep pre-sentence reports for courts and manage offenders' residency.

21 of 37

AC3.1: Agencies' role in social control

CHARITIES/ PRESSURE GROUPS

22 of 37

AC3.2: Contribution of agencies

ENVIRONMENTAL DESIGN/ COUNCILS OR ARCHITECTS 

Can 'design crime out'. By making places that are indefensible (susceptible to crime, ie. Stairwells in flats), defensible. Defensible spaces have clear boundaries and have low crime rates because of it. 4 key fearures:

  • Territoriality: Encourages ownership of an area so residents are protective of it ie.A cul-de-sac.
  • Natural surveillance: Well lit buildings with clear views from the inside and outside deter crime. Also includes getting rid of hiding spots by adding CCTV and fences, trimming hedges and trees.
  • Self image: Negative images attract criminals (broken windows theory) so looked-after buildings deter crime.
  • Safe location: Neighbourhoods in crime-free areas are more protected.
23 of 37

AC3.2: Contribution of agencies

ENVIRONMENTAL DESIGN

Crime Prevention Through Environmental Design by Jeffery. 4 features: Natural surveillance, natural access control (entry/exit points), maintenance and territorial reinforcement (fences, signs).

Coleman- Studied 4000 flat blocks in London and found that poor design increased crime, 3 features in particular; anonymity, lack of surveillance and easy escape. Can reduce crime by building no more flat towers and adding gardens to ths existing ones. Overhead walkways should be removed as they hinder surveillance- this proved to cut crime by 50%.

Gated Lanes- Lockable gates at the end of alleyways that are residents' responsibility. Benefits include: safe play area for kids, extra security, sense of shared ownership and restricted access to outsiders. 

Strengths- Reward of committing crime was reduced. Cost effective, only £720 to install. Residents did take responsibility.

Weaknesses- Doesn't affect criminals living inside the gated communities. May cause emergency services problems. Residents who don't know eachother were less likely to install or take responsibility for a gate.

24 of 37

AC3.2: Contribution of agencies

CPTED links to right realist theories like-

  • Rational choice- sees offenders as acting rationally, so if they see a CCTV camera for example, they'll stay away.
  • Situational crime prevention: changing the physical area makes it harder to commit crime.

Criticisms of CPTED

  • Can't explain white collar or cyber crime.
  • Cul-de-sacs might be defensible but not defended if residents aren't home.
  • Focuses on defence from outsiders- what about criminals living in the area?
  • Design might not matter. If police see an area as crime-ridden, they'll patrol it more,  arrest more etc.
25 of 37

AC3.2: Contribution of agencies- behaviour

ASBOs/CBOs

Introduced to deal with low level antisocial behaviour. Reason for Order becomes an offence if its breached and comes with 5yrs in prison. Only 24 000 were issued and 13 000 were breached.

Labelling- Offender or not, people labelled as criminals risk a self fulfilling prophecy. Labels from ASBOs became internalised and people got status out of having one- like a badge of honour.

ASBOs were ineffective so they were replaced with CBOs which focused on people with serious antisocial behaviour problems. Lasts for 2 years and comes with a 5yr prison sentence if breached. Requirements are positive and negative- have to join programmes (eg. Anger management) bu5 can't go to certain places.

26 of 37

AC3.2: Contribution of agencies- behaviour

TOKEN ECONOMY

Used a lot in prisons/ young offenders institutions. Achieves social control by looking at a person's behaviour patterns to make sure "desirable" behaviour occurs eg. Passng a drug test will get a prisoner a token. Tokens are collected then exchanged for privileges (eg. TV in their cell). If prisoners see peers getting rewards, they'll want them too and start behaving better to get tokens for rewards.

Links to Operant Conditioning theory- ensures that a certain behaviour is rewarded. If its rewarded, it'll be repeated to get that reward again. Rewards are reinforcements for the behaviour to achieve social control.

Do they work?

  • Hobbs/Holt- studied 125 boys in a corrections institute and found that it worked for the urination of the study. 
  • When rewards/reinforcement stops, so does the good behaviour. Only works inside prison.
  • Could be used to give prison staff an easier job instead of actually rehabilitate them.
27 of 37

AC3.2: Contribution of agencies- institutions

Institutions all have rules that result in sanctions if broken or stuck to. Eg, soldiers get medals/ promotions for sticking to orders and get court martialed for disobeying orders.

Courts: Gives out different types of sentences/punishment through general or individual deterrence. Community sentences can ensure offenders rehabilitate by making anger management, drug/alcohol help etc. part of the sentence.

Probation: Hold a released offenders to their release terms. If a term is broken, they're punished by more prison time.

Prison: Have a general set of rules prisoners follow and things that can result in punishments (possession of banned items, escape attempts, offending inside prison). Punishments are time restricted and range from cautions, loss of privileges, solitary confinement etc. Serious rule breaks can lead to more jail time. Phased discipline increases punishment as crimes keep getting committed. Crime 1 might be cautioned, crime 2 might be a loss of privileges, crime 3 might be more prison time.

28 of 37

AC3.2: Contribution of agencies- institutions

Problem with criminal justice institutions 

  • State provision/funding: A lot of institutions are government funded- govt needs the money to fund other things, pensions, NHS, education etc so they have a lot of budget cuts. Makes it harder to maintain social  control. Example- CPS budget was cut by 1/4 and led to 1/3 of staff being cut. Police budget fell by 19% and prisons post 16%.
  • Technological developments add financial burdens.  Head of CPS said they couldn't cope with the amount of info being generated by tech- one SA case took 600hrs to compile by 15 officers. Could make people wanna avoid using this new tech.
  • Only 40% of all crime is reported. 1/4 of SAs, 600 000 domestic abuse (out off 2mil), wh8te collar crime is rarely reported because people don't know they're victims.
  • Lack of laws to support social control: Organisations whose users "promote" crime don't get punished- anti Muslim terror attack was livestreamed on Facebook and they faced no consequence because social media sites aren't publishers.
29 of 37

AC3.3: Limitations of agencies in social control

Recidivism/ repeat offenders: If offenders don't rehabilitate/keep offending, social control won't be achieved. One reason why the prison population has grown over the past 20 years. Prison reform trust said: Prison population almost doubled between 1993-2015 and theres an extra 89,000 people in prison by 2016.

  • Brommey Briefings factfile 2016: Prisons are seriously overcrowded and that makes it hard to achieve social control.

.

30 of 37

AC3.3: Limitations of agencies in social control

Recidivism/ repeat offenders: If offenders don't rehabilitate/keep offending, social control won't be achieved. One reason why the prison population has grown over the past 20 years. Between 2020-23, 4000 more people in prison. Prison reform trust said: Prison population almost doubled between 1993-2015 and theres an extra 89,000 people in prison by 2016.

  • Brommey Briefings factfile 2016: Prisons are seriously overcrowded and that makes it hard to achieve social control. 77/117 prisons were overcrowded, holding up to 10,000 more than intended. Top 3 prisons are 'of concern', 5/6 prisons rated 'serious concern' and 30 most overcrowded prisons 2x more likely to fail.

Civil liberties/barriers: Basic rights/freedoms granted to citizens to law like freedom of speech, religious worship or movement. Human rights are global, civil liberties are country-specific and liberties prevent interference with human rights.

  • Case study- Abu Qatada, 2012: Hate preacher. European Court of Human Rights ruled he couldn't be deported due to the risk of him being tried on evidence obtained by torture. 'Would have been deported if the goalposts weren't moved.'

.

31 of 37

AC3.3: Limitations of agencies in social control

Access to support/resources: Limits prisoners from being able to rehabilitate which limits social control. Bromley briefings 2016 that 10/34 male prisons couldnt accomodate training or education, prison education standards are deteriorating and, 'require improvement' by Ofsted. On release, offenders face problems in-

  • Finance: Some prisoners have access to a grant to help them on release but it's £46 and a lot of people aren't eligible.
  • Accommodation: Housing benefits are stopped if someone's expected to be in jail for 13+ weeks so not many people can keep tenancy.
  • Employment/training: Govt produced plans to introduce a Prisoner Apprenticeship pathway that counts towards a full apprenticeship on release but its not implemented. People don't want to employ criminals so they struggle to get jobs and may turn to crime to survive.

Finance: Public sector funding is limited and agencies of social control face a lot of budget cuts- 

  • Police grants from the govt fell by 25% from 2010-14, resulting in less officers on the force.
  • Prison service lost 1/4 of its budget and affected people in prisons- more cases of suicides, self harm and attacks on staff.
  • CPS budget also fell and had to lay off staff.
32 of 37

AC3.3: Limitations of agencies in social control

Local/Narional Policies: 

  • Local: Local forces prioritise certain crimes and leave others not investigated (eg. Focus on trivial crimes to meet govt targets). Police also have local policies of their own (Eg. London Mayor Sadiq Khan planned to tackle hate crimes and boost Met police's terrorism squads).
  • National: 2010-15, govt promoted a policy to tackle gun, knife and gang crime to stop people engaging with/assisting gang violence, providing £1.2mil to find support workers to improve prosecution rates- could lead to police prioritising certain crimes. CPS may also focus on certain policies (eg. Social media hate crime). 

Environment:

  • Impacts people's ability to stay out of trouble. Offenders go back to the same areas/social groups upon release and a lack of employment fails to keep attentions away from crime. Studies show prisoners are less likely to offend upon release if they have family visits but 70% of prisoners dont get those visits.
  • Purposeful activity decreases offending risk but under 50% of had a good rating for their work. 
  • Employment- only 1/4 have a job to go back to after release and 12% of employers said they'd hire someone with a criminal record in the past 3yrs.
33 of 37

AC3.4: Evaluate effectiveness of agencies

POLICE

  • Huge volume of cases brought to trial every year.
  • Have legal powers of their own (eg. Cautions)
  • Specialist department forces like counter-terrorism or civil nuclear constabulary.
  • CSEW- 7% fall in crime.
  • Institutionally racist- Macpherson report.
  • Errors in judgement. Puppy Farm Murder case (John Lowe shot 2 women dead with a shotgun that was confiscated by police for threatening one of the victims' sisters with it. The gun was returned to him 7 months before the murders).
  • Police budget keeps getting cut so they lose officers and resources. Leads to some cases being prioritised.
  • Stats: Home office, 10% increase in crime. ONS, 48% of offences have no identified suspect.
34 of 37

AC3.4: Evaluate effectiveness of agencies

CPS

  • Prosecuted over 450,000 cases in 2018, 84% were convicted.
  • Accusations of dropping 'weak' SA cases to improve the rate of successful prosections, limiting victims' access to justice.
  • Test application is questionable (Damilola Taylor case- prosection allowed a "witness" to speak who interrupted proceedings multiple times, was in it for the reward the police offered for info and that ended up getting one of the suspecting killers walking free).
  • Budget cuts of 25-30%, lost 1/3 of staff and digital technology imposes massive workloads.

JUDICIARY

  • Figures of authority, compliant with human rights and ensures trials are fair. Experienced and highly qualified. Precedent ensures fairness.
  • Narrow and unrepresentative- 71% of judges are men, 5% are BAME, 74% are privately educated. Could be biased towards people of a similar background (eg. Lavinia Woodward- middle class Oxforn Uni student stabbed her boyfriend in an alcohol/drug-fuelled rage. Was spared jail by the judge and given an 18 month suspended sentence because of her 'extraordinary talent'.
35 of 37

AC3.4: Evaluate effectiveness of agencies

PRISONS

  • Aims to achieve social control by punishment and rehabilitation.
  • Aims to excersise social control over offenders in prison.
  • Staff cuts: fell by 15% due to budget cuts. More experienced officers the msot likely to leave. Hard to maintain control over inmates.
  • Overcrowding: Prison population almost double of that in 1993. 2018, nearly 60% of prisoners were overcrowded. Leads to rule-breaking or disconnection.
  • Re-offending: ON 1st year of release, 37.5% reoffended.
  • Riots/disorder: Lack of staff makes inmate control hard. HMP Birminghm riot in 2016 was partly due to staff shortage.
  • Security/safety: A lot of security breaches by smuggling in drugs, phones, alcohol etc. 2018, 8400 staff assaults, 27000 prisoner assaults, 5 murders, 69 suicides and 47000 SH incidents
  • Fails to address rehab needs: unable to cope with the causes of offending (eg. drugs, alcohol, mental health) and short sentences arent enough for complex needs. 2018, mandatory drug testing wasn't running effectively due to staff shortages. Drugs undermine prison discepline, 2013-16 64 deaths related to Spice.
36 of 37

AC3.4: Evaluate effectiveness of agencies

PROBATION 

  • Forces offenders to go to rehabs.
  • Constantly keeps track of released offenders, sends them back to prison if they break terms.
  • Mixed results.
  • Partly privatised- 21 private companies that dealt with low risk offenders made profit on a pay-by-result basis. Problems with this system led to the govt ending contracts with these in 2020.

CHARITIES/PRESSURE GROUPS

  • Have led to good change.
  • Strongly motivated so may go the extra mile compared to the govt.
  • Independent of the govt and take no profit.
  • Aim to help achieve change.
37 of 37

Comments

No comments have yet been made

Similar Criminology resources:

See all Criminology resources »See all All of Unit 4 resources »