explaining changes Flashcards

(56 cards)

1
Q

what is the CJS?

A

collection of central & local government departments, public agencies & private sector organisations responsible for administering justice

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2
Q

which organisations are included in the CJS?

A

Police
courts
prisons
ministry of justice
home office

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3
Q

what does the CJS do?

A

wide remit involving a wide range of roles, processes & decisions to meet its aims

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4
Q

what is the role of the ministry of justice?

A

overseers HMCTS & HMPPS & is responsible for courts, prisons, probation services & attendance centres

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5
Q

what is the role of the Home Office?

A

leads government polict for police forces, supports police & crime commissioners (PCCs) & is responsible for UK visas & immigration

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6
Q

what is HMCTS (His Majesty Courts & Tribunals Services) responsible for?

A

administration of criminal, civil, & family courts & tribunals

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7
Q

what is the HMPPS (HM Prison & Probation Service) responsible for?

A

managing operations, performance & comissioning of prisons & probation services & supporting people to stop reoffending

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8
Q

what are the purposes of the CJS?

A

maintain law & order
public protection
prevent & control crime
punishment & rehabilitation
reduce reoffending / deter future offending
compensation & reparation
provide & maintain justice

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9
Q

what is the role of inspectorates?

A

to independently inspect & report on effectiveness, conditions & treatment in the public interest

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10
Q

which services have inspectorates?

A

prisons
probation
CPS
joint inspectorate for policing, fire & rescue

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11
Q

what is the IOPC?

A

Independent Office for Police Conduct - oversees the police complaint system

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12
Q

what are the 2 main justice systems?

A

adversial justice
inquisitorial justice

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13
Q

what is the adversial justice (AJ)?

A

requires the prosecution to prove guilt

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14
Q

what is the inquisitorial justice (IJ)?

A

courts play a more central role in investigating cases

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15
Q

what is retributivism?

A

a backward-looking approach focusing on punishment for crimes already committed

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16
Q

what is utilitarianism?

A

a forward-looking approach justifying punishment to prevent future offending

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17
Q

what defines retributive justice?

A

justice is satisfied when the offender suffers proportionately for the crime committed

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18
Q

key features of the retributive justice?

A

eye for an eye
just deserts
backward-looking
punishment intended to hurt
linked to capital punishment

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19
Q

what defines utilitarian justice?

A

justice is satisfied if punishment creates the greatest happiness for the greatest number

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20
Q

key features of utilitarian justice?

A

forward-looking
focus on future consequences
punishment justified by crime reduction

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21
Q

how can future crime be avoided under utilitarianism?

A

deterrence
rehabilitation
incapacitation

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22
Q

who are key classical theorists?

A

jeremy bentham
cesare beccaria

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23
Q

key ideas of classical theories?

A

rational choice
free will
crime is chosen
benefits outweigh risks

24
Q

what is deterrence?

A

the threat of punishment discouraging crime

25
features of deterrence?
individual & general deterrence fear of consequences punishment should be proportional, certain & swift
26
what do positivist theories argue?
crime is caused by biological, psychological or social factors
27
key positivist theorists?
lombroso ferri garofalo
28
lombroso's view?
criminals are born & biologically predisposed to crime
29
ferri & garofalo's view?
crime is caused by social factors such as poverty & environment
30
how do positivists view rehabilitation?
causes of crime are discoverable causes can be treated treatment is not punitive individualised treatment
31
what is incapacitation?
removing offenders' ability to offend (e.g. imprisonment, death penalty)
32
difference between police & policing?
police = specific institution policing = broader social regulation processes
33
early policing developments?
bow street runner (1753) marine police (1798) metropolitan police (1829)
34
who were peelers/bobbies?
early police officers wearing blue uniforms
35
what act required uniformed police forces?
county & borough police act 1856
36
how many police forces are in the UK?
45 forces 3 specialised forces
37
police forces by region?
scotland = police scotland northern ireland = PSNI England & Wales = 43 forces
38
police numbers (March 2023)
147,430 full time officers largest = Met police (34899) smallest = city of london (1001)
39
3 categories of police powers?
investigative preventative disposal
40
examples of investigative powers?
arrest stop & search take biometrics seize evidence
41
examples of prevantative powers?
maintain public order prevent crime use of force
42
disposal powers?
charge suspects or deal w/ cases outside court
43
key legalisation governing police powers?
Police & Criminal Evidence Act 1984 (PACE)
44
how has the police role expanded?
police act as gatekeepers of the CJS w/ safeguarding duties
45
examples of modern police responsibilities?
mental health incidents safeguarding victims community policing cybercrime & terrorism
46
is misuse of police powers always criminal?
no often a breach of professional standards
47
how are police held accountable?
misconduct proceedings civil action criminal prosecution
48
former types of punishment?
capital punishment physical punishment transportation
49
reformist movement key ideas?
offenders are rational can be reformed punishment should rehabilitate
50
current prison population (E&W)
87,334 people
51
prison categories?
category A-D female prisons young offender institutions
52
recurring prisons issues?
overcrowdin safety staffing mental health
53
how were vicitms treated historically?
limited role state controlled prosecutions
54
what is restorative justice?
a process where stakeholders collectively resolve the aftermath of an offence (Marshall, 1999)
55
objectives of restorative justice?
meet victim needs reduce reoffending encourage offender responsibility
56
what is the victims & prisoners act 2024?
makes the victims' code legally enforceable