1
Q
What is the first reading of a bill?
1.1
A
The government first introduced the bill to the House of Commons. This is a formal announcement of the bill, which is usually followed by a vote to move it to the next stage
2
Q
What is the second reading?
1.1
A
The principles of the bill are debated and considered by the House of Commons and a vote is taken. If the vote is won, it moved onto the committee stage.
3
Q
What is the committee stage?
1.1
A
The bill is examined in detail, by a small committee made up from different MP parties. The committee reports back to the house for any changes to the bill.
4
Q
What is the report stage?
1.1
A
MPs are given the opportunity to consider the committees report and debate and vote on any amendments they wish to make
5
Q
What is the third reading?
1.1
A
The final chance for the commons to debate the bills contents. No amendments are allowed at this stage - they either pass or reject it.
6
Q
What is the Lords stage?
1.1
A
After the third reading, the bill goes to the Lords where it repeats the same stages as in the commons. If the Lords have amended the bill, it must return to the commons for debate, amendments, and passing or rejection.
7
Q
What is the royal assent?
1.1
A
Once the bill has passed by the houses it goes to the monarch for signing. It is put into action as soon as possible after this.
8
Q
What is the green paper?
1.1
A
Before a bill is sent to parliament, the government usually publishes a green paper. This is an initial report to provoke public discussion of the subject. It often includes questions for interested individuals and organisations to respond to.
9
Q
What is a white paper?
1.1
A
After the consultation, the government produces a white paper, which is a document setting out their detailed plans for legislation. It often includes a draft version of the Bill.
10
Q
Example of an act passed by Parliament?
1.1
A
Criminal justice act 2003 - introduced a change in the double jeopardy rule, following Ann Mings successful campaign and the recommendations of the Macpherson report.
11
Q
Define veto
1.1
A
A right to reject a decision or proposal made by a law making body.
12
Q
What is the judicial precedent?
1.1
A
A legal principle where the decisions made by higher courts are binding on lower courts in future cases with similar facts.
13
Q
What does it ensure?
1.1
A
Consistency and fairness in the legal system
14
Q
What role does the Supreme Court play in the judicial precedent?
1.1
A
The Supreme Court is the highest court in the UK, and it’s decisions are binding on all lower courts. It can overrule its previous decisions, allowing it to adapt the law to new circumstances and correct past errors
15
Q
What are the three types of statutory interpretation?
1.1
A
Literal rule, golden rule, mischief rule
16
Q
What is the literal rule?
1.1
A
Judges should use the everyday, ordinary meanings of a word in a statue. However words often have several meanings
17
Q
What is the golden rule?
1.1
A
Sometimes the literal rule can lead to an absurd result, the golden rule is meant to modify the literal rule to avoid this
18
Q
What is the mischief rule?
1.1
A
Allows the court to enforce what the statue was intended for, not its literal meaning
19
Q
What is judicial precedent?
1.1
A
A legal principle where decisions made by higher courts are binding on lower courts in future cases with similar acts. It ensures consistency and fairness in the legal system.
20
Q
How does the judicial precedent work?
1.1
A
It operated through a hierarchy of courts. Higher courts, such as the Supreme Court, set precedents that lower courts must follow. When a higher court makes a ruling, the reasons for their decision becoming binding precedent.
21
Q
Advantages of judicial precedent?
1.1
A
Consistency and predictability - ensures similar cases are treated alike.
Efficiency - reduces the time needed to resolve disputes as past cases can provide guidance.
Flexibility - allows the law to adapt over time through distinguishing and overruling precedents.
22
Q
Disadvantages of the judicial precedent?1.1
A
Rigidity - can make it hard to adapt to new situations
Complexity - vast number of cases can make it difficult to find relevant precedents
23
Q
Can lower courts ever avoid following a precedent?
1.1
A
Yes -> 2 ways this can happen
Distinguishing - finding significant differences in the facts of the of the case that make the precedent inapplicable
Overruling - where a court higher up the hierarchy states that a legal decision in an earlier case is wrong and overturns it
24
Q
Example of an overruling precedent?
1.1
A
The law on marital rape is an overruling precedent. A husband had been convicted of attempting to rape his wife, he appealed on the grounds of a centuries old law that he be found not guilty. The appeal court overruled this however as the idea of irreversible consent was unacceptable today.
25
How does the judicial precedent affect everyday life?
1.1
Ensures that laws are applied consistently, and that everyone is provided with a clear understanding of their rights.
26
What is the role of the parliament?
1.2
Pass acts
27
What is the role of the judges?
1.2
Create laws by setting judicial precedents that other courts must then follow, and by interpreting the meaning of statues.
Provide sentencing
28
What is the role of the Home Office /Ministry of justice?
1.2
The government departments overseeing most of the justice system and are responsible for its smooth running
29
What is the role of the police?
1.2
Responsible for enforcing criminal law. They investigate crimes, collect evidence, arrest, detain and question suspects. Minor cases result in a penalty notice. All other cases the files will be sent to the CPS.
30
What is the role of the CPS? (Crown prosecution services)
1.2
An independent prosecution service for England + Wales.
They advise the police in their investigations about lines of enquiry and inform them on what evidence is needed to build a case.
It also asses the evidence that the police submit and decide whether to prosecute and what the charge will be.
31
What is the role of the Magistrates court?
1.2
Deals with less serious offences - around 95% of cases.
Once a subject is charged, they will be brought here.
The defendant will plead guilty or not and pre-trial issues like bail or legal aid will be decided. Guilty pleas will lead to a sentencing hearing. Not guilty pleads lead to a trial.
32
What is the role of the crown court?
1.2
Deals with serious offences, which are triable by a judge or jury. The prosecution and defence lawyers will present arguments and evidence for and against the defendant.
33
What is the role of the HM prison services?
1.2
Carries out the sentences given to offenders by the courts and supervises offenders in custody.
34
What is the role of the national probation service?
1.2
Supervises offenders who are serving their sentences in the community, including prisoners who have been released on license to serve part of their sentence outside prison.
35
What is the polices relationship with the courts, CPS, National probation service, and the HM prison service?
1.2
Courts - they give evidence as prosecution witnesses, provide protection to witnesses, hold and transport defendants
CPS - provide evidence for the prosecution of offenders
National probation service + HM prison services - police will arrest prisoners who have been recalled to prison for breaching the terms of their license.
36
What is CPS’s relationship with the police?
1.2
Advising them on possible lines of enquiry and evidence collection to build a case, and instructing them on charging suspects
37
What is the HM prison services relationship with the police, campaigns, voluntary organisations, courts, probation services?
1.2
Police - facilitating interviews with prisoners involved in ongoing police investigations
Campaigns - idk
Voluntary organisations- victim support helps liase with the police, courts and CPS to help support victims
Courts - carrying out custodial sentences that the courts have impassed on offenders, supersonic those in custody, and facilitating visits.
Probation services - loading when a prisoner is to be released from prison on license.
38
What is government departments relationship with prison services, probation services, courts, and the police?
1.2
Police - where the home office is responsible
Prison services, court, and probation - through the HM courts and tribunal service and the HM prison and probation service, the ministry of justice is the department responsible.
39
List five key factors of the crime control model
1.3
- Goal is to suppress crime and punish offenders -> crime is a punishment to peoples freedom
- Presumes the accused is guilty. Trusts the police to identify the guilty.
- “Conveyer belt” justice system -> focuses on getting the accused in prison as quickly as possible
- Some innocent people convicted are worth it for control over crime.
- Rights of society come over rights of suspects
40
List five key factors of the due process model
1.3
- Power of the state is the biggest threat to individuals freedom. Goal is to protect the accused from oppression by the state
- Assumes the accused is innocent until proven guilty
- Less trust in the polices ability to perform and investigation.
- Many rules and processes that have to be followed before a punishment can be carried out. Leads to some guilty people going free.
41
What two theories does the crime control model link to?
1.3
Right realism + Functionalism
42
How does the crime control model link to right realism?
1.3
- Crime control is a right wing approach to crime -> therefore shares many ideals
- E.g. the zero tolerance policy. Favours giving the police more power to suppress crime.
- Rational choice theory
43
How does right realism link to functionalism?
1.3
- Durkheims theory that punishment reinforces societies moral boundaries.
\
main function of justice is to punish the guilty, allows society to express its moral outrage and strengthen social cohesion.
44
What two theories link to the due processing model?
1.3
Labelling + left realism
45
How does the due process model link to labelling?
1.3
- This model aims to stop police from oppressing people.
- Links to labelling as the police may act wrongly and accuse people they think are criminals (due to labelling)
- Due process model aims to prevent this by making the police act in a lawful and non-discriminatory way
46
How does left realism link to the due processing model?
1.3
- Left realism argues that oppressive policing in marginalised areas makes people less likely to assist the police.
- The left realist view is that the police must follow the due process model
47
Name the internal forms of social control
2.1
Moral conscience/superego,
Tradition and culture, Internalisation of social rules and morality
48
How does the superego link to social control?
2.1
- Superego tells people what is right or wrong. It inflicts guilt if we fail to obey.
- Acting on urges without consideration of the superego leads to antisocial/criminal behaviour
49
How does Tradition and culture link to social control?
2.1
- Culture becomes a part of someone through socialisation. Values, norms, and traditions are accepted as a part of our identify.
- E.g. someone will likely follow the religious teachings they were raised in.
- Following these teachings affirms identity and allows acceptance into a community.
50
How does internalisation of social rules and morality link to social control?
2.1
- Superego and traditions become a part of our inner-self and personality.
- These rules are internalised through socialisation -> time spent with peers, family, friends
- Other peoples / societies rules become their own personal rules and moral codes
51
Name the different forms of external social control
2.1
Agencies of social control,
the criminal justice system,
coercion, and fear of punishment
52
How does agencies of social control link to social control?
2.1
- Agencies of social control are organisations that impose rules so people behave a certain way E.g. family, peer groups, education systems
- Positive and negative sanctions help instil morals into people - social control, operant learning theory
53
How does the criminal justice system link to social control?
2.1
- All agencies have the power to use formal sanctions against individuals.
E.g. police stop search and detain, CPS charge and prosecute, ext.
- Above are all negative sanctions, positive sanctions are lower sentences or more privledges.
54
How does coercion link to social control?
2.1
- Coercion is the use of threat of force in order to make someone do/ stop doing something.
- Force being psychological / physical violence.
- E.g. sending someone to prison for stealing (prevention then from offending)
55
How does fear of punishment link to social control?
2.1
- Commit an offence and you will be detained against your will. no shit
- Right realists argue that the fear of being caught is what ensure would-be criminals obey the law
56
What are the five aims of punishment?
2.1
Retribution, Rehabilitation, Deterrence, Public protection, Reparation.
57
What are the forms or punishment used to meet the aims of punishment?
2.2
Fines, Community Sentences, Imprisonment, and Discharge.
58
Define community sentences
2.2
Community offences are imposed for offences which are too serious for a discharge or a fine but not so serious that a prison sentence is necessary.
59
Define fines
2.2
- Fines are financial penalties for offending. Normally given for less serious offences and are therefore often used by the magistrates.
- Size of the fine depends on the offence, the circumstances of the offence, and the offenders ability to pay.
60
Define imprisonment
2.2
- Prison sentences are handed down by courts for more serious offences, or when the believe the public must be protected .
- E.g.
61
Define Community Sentences
2.2
Community sentences are imposed for offenders which are too serious for a discharge or a fine but not so serious that a prison sentence is necessary
62
Define discharges
2.2
When the court finds someone guilty of a minor offence but decides not to hand down a criminal conviction, they will be given a discharge.
Two types - conditional and absolute
63
How do fines reach the aims of punishment ?
2.2
- Fines can achieve retribution as taking away someone’s money can be a sufficient way to make them suffer for a crime.
- A fine might make an offender reluctant to reoffend. It therefore could achieve the aim of deterrence.
- Offenders who failed to pay for their fines without good reason may face prison. It may therefore act as a deterrent.
64
How do fines fail to meet the aims of punishment?
2.2
- Many fines do not get paid. Fines therefore do not always meet their aims of punishment.
65
How do discharges meet the aims of punishment?
2.2
- There is usually a very low rate of reoffending following a discharge, especially if it’s a first offence. Going to court typically acts as a deterrent.
- A conditional discharge means that the offender won’t be punished unless they commit another crime. If they do, the court can sentence them to prison. It therefore acts as a deterrent and as public protection.
66
How don’t discharges meet the aims of punishment?
2.2
- An absolute discharge means that no penalty is imposed. The court may grant an absolute discharge where the defendant is deemed guilty but not worthy of a punishment or the punishment isn’t needed. Typically because the defendant is morally blameless. This means that it wouldn’t meet the aim of retribution, as it doesn’t make the criminal pay for their crimes.
67
How does imprisonment meet the aims of punishment?
2.2
- It achieves retribution as it punishes people by taking away their freedom.
- Prison does protected the public, if they are in prison they cannot harm the public. Whole life sentences permanently remove criminals from society.
- Under the Prisoners Earnings Act of 2011, prisoners who are permitted to work outside of prison to prepare for their release are made to pay a portion of their earnings to Victim Support services. In a way repetition happens.
68
How doesn’t imprisonment meet the aims of punishment?
2.2
- Prisons have a poor record of reoffending. Stems from short sentences, where prisoners can’t grasp the long term problems with reoffending. There also isn’t many rehabilitation programmes in prison to prevent offending after release/ lack of education services .
- Prison can be a school for prison. Prisons often help people develop more skills to help them reoffend whilst in prison. It protects the public while they are in jail, but increases their danger once they are released.
- Very few prisoners have the opportunity to earn money outside of prison, so in general imprisonment does little to meet the aim of reperation.
69
How do community sentences meet the aims of punishment?
2.2
- Community sentences include punishments. E.g. curfews and exclusion orders restrict movements to certain times and places. Those doing unpaid work have to wear high visibility vests (humiliation). Meets aim of retribution.
- Breaches of community sentences can lead to the offender being sent to prison. This may protect tge public if they were a serious offender.
- Studies have shown that community sentences are more effective at rehabilitating offenders than short prison sentences.
70
How don’t community sentences meet the aims of punishment?
2.2
- Even though they are proved to work, the use of community sentences has declined. 2007-2020 the proportion of people receiving community order dropped from 14% to 7%
71
Philosophy of the police
3.1
-> basic mission is to prevent crime and disorder
-> physical force is a last resort
-> impartially serve the law
72
Aims of police
3.1
-> keep the peace and maintain order
-> protect life and property
-> prevent, detect, and investigate crime
73
Funding of police
3.1
-> Police funding fell by 19% between 2010 and 2018. This led to a fall of 20,000 officers
-> 2020/21 total budget was £15.2 billion
-> majority comes from government, then from local council tax, and then a small sum from charging services (E.g football matches)
74
Working Practices of police
3.1
-> 45 police units in total
-> 39 regional police forces in England and four in Wales, one police force for Scotland and one for Northern Ireland.
-> Specialist organisations within the police : fraud & drug squads etc etc
-> Unarmed policing - police are unarmed in the UK. Links to philosophy.
-> Special contables - unpaid volunteers. Undergo special training and have same legal powers as officers.
-> police community supporters - limited powers. deal with anti social behaviour.
-> police and crime commissions - are elected representatives of the people of the area. give the local population a voice in policing.
75
Philosophy of CPS
3.1
-> Independence and fairness
-> honesty and openness
-> behaving professionally and striving for excellence
76
Aims of CPS
3.1
-> Advise police in their investigations about lines of inquiry and the evidence needed to build a case.
-> Independently assesses the evidence submitted by the police and keeps cases under continuous review
-> Assists, supports, and informs victims and prosecution witnesses.
77
Funding of CPS
3.1
-> Most of CPS’s funding comes from the government, with a budget of around half a million.
-> Suffered significant funding cuts - in 2018 Alison Sanders reported that the budget had fallen 25%
78
Working practices of CPS
3.1
-> Except from minor offences, the CPS deals with the full range of offences and criminals. Takes responsibility for all serious cases.
-> National body through England and Wales, with 14 regional area teams prosecuting cases locally.
-> Full code test: evidential test, public interest test, and in some cases the threshold test.
79
(What do each of the stages in the full code test describe)
3.1
-> Public interest test: must decide if it is in the publics interest
-> Evidential test: is evidence admissible, reliable, and credible?
-> Threshold test: if there is not enough evidence, a suspect may still be charged.
80
Philosophy of the judiciary
3.1
-> Summed in six principles in the Guide to judicial conduct 2016:
•judges should be independent and free from the government interference in their decisions
•impartiality
•integrity
•propriety
•ensuring equal treatment
•competence
81
Aims of the judiciary
3.1
-> Basic role of the judiciary is to interpret and apply the law to the cases that come before it in court
-> In crown court the judge must manage the trial, ensure fairness to all parties, explain the legal procedures to members of the jury, summing up evidence and passing sentence
82
Funding of the judiciary
3.1
-> the pay of the judiciary is based on the advice of the senior salaries review body
83
Working practices of the judiciary
3.1
-> Position of judges reflects importance of independence so that they can uphold tule of law and defend the rights of citizens
• security of tenure : they cannot be removed from office except by a petition to the Queen passed by both House of Parliament
•
84
Aims of the judiciary
3.1
->In crown court the must manage the trail, ensure fairness to all parties, explain legal procedures to members of the jury, summing up evidence and passing sentence.
85
Funding of the judiciary
3.1
Come BQCK
86
Working practices of the judiciary
3.1
-> security of tenure - cannot be removed from office except by a petition to the Queen passed by both houses if parliament.
-> salary is guaranteed
-> deal with all types of cases - except the very minor ones which are sent to the magistrates court
87
Philosophy of prisons
3.1
-> Describes its purpose as ‘preventing victims by changing the lives of offenders’
88
Aims of prison
3.1
-> to protect the public from harm
-> to help people rehabilitate so they can contribute positively to society
-> hols prisoners securely and implement the orders of the courts
89
Funding of prisons
3.1
-> prisons are paid for by the government out of general taxation
-> in 2018 the budget was approximately £3billion
-> Dropped by 16% from 2010. Caused a 15% drop in prison officers
90
Working practices of prisons
3.1
-> in 2019 there were a total of 121 prisons, holding around 80000 prisoners. 106 public prisons, 15 private prisons.
-> prisons deal with higher risk offenders who are deemed unsuitable to serve their sentences in the community.
91
Extra information about prisons?
3.1
-> prisoners who have attempted to escape are placed on an escape list and must be handcuffed and wear bright yellow clothing when being moved
-> prisons have been criticised for their lack of opportunities for rehabilitation
-> Incentives and earned privledges
92
Philosophy of the National probation service
3.1
-> the belief that offenders can change and become responsible members of society
-> the belief in the worth and dignity of the individual
-> commitment to social justice, social inclusion, equality and diversity
93
Aims of the National probation service
3.1
-> Priority is to protect public and rehabilitate offenders
94
Funding of National probation service
3.1
-> in 2018 they had a general budget of £4.6 billion shared between prisons and probation. This budget is provided by the government and comes from taxes.
95
Working practices of the National probation service
3.1
-> at any one time around 250000 offenders are on probation. Deemed safe enough to serve their sentence in the community
-> NPS is responsible for : preparing pre-sentence reports to help them select the most appropriate sentence, managing approved premises for offenders whose sentence includes a residence requirement, assessing prisoners to prepare them for their release
96
Other info of the National probation service
3.1
Two types of clients
-> offenders serving a sentence in the community as a result of a community order : up to 300 hours of unpaid work, an exclusion order / curfew, a group programme
-> offenders who have been licensed from prison: e.g. 12 month sentence, 6 months in jail 6 months out. Typically have to follow the conditions of a license managed by the probation services
97
Philosophy of Charities and pressure groups
3.1
(NACRO as an example)
NACRO describes itself as a social justice charity seeking to change lives, strengthen communities and prevent crime
98
Aims of Charities and Pressure groups
3.1
-> NACRO aims to overcome the stereotyped view of the prisoner. Provides many services:
-> Housing, education, resettlement advice, and outreach projects
99
Funding of Charities and Pressure groups
3.1
-> NACRO gad an income of around £50m a year. Its funding comes from public donations, government grants, and contracts for providing ex-offenders and others.
100
Working practices of Charities and Pressure groups
3.1
-> Works with ex-offenders. Broadly concerns itself with disadvantaged young people and adults.
101
Additional info on Charities and Pressure groups
3.1
-> NACRO campaigns to change laws and policies affecting ex-offenders, such as the campaign to reform the Rehabilitation of Offenders act 1974
-> Was founded in 1966. Considered a charity and pressure group
102
In what ways do criminologists argue that a built environment can affect the level of crime?
3.2
1. By influencing potential offenders (presenting them with opportunities to commit crimes)
2. By affecting peoples ability to exercise control over their surroundings
103
What is a defensible space?
3.2
• Defensible spaces are areas where there are clear boundaries so it is obvious who has the right to be there
104
What is an indefensible space?
3.2
• Indefensible spaces are where crime is more likely to occur in ‘confused’ areas of public space such as anonymous walkways & stairwells
105
Who brought about the idea of defensible and indefensible spaces?
3.2
Architect Oscar Newman
106
What four key features ensure a defensible area has a low crime rate?
3.2
Territoriality, Natural Surveillance, A safe image, and a safe location
107
Define each of the key features?
3.2
• Territoriality - when the environment encourages a sense of ownership amongst residents. E.g. a cul-de-sac
• Natural Surveillance - features of buildings that allow residents to overlook each other’s homes. E.g. easily viewed lobbies and street level windows.
• A safe image - building designs should give the impression of a safe neighbourhood where residents look after each other. Negative image may result in targeting.
• A safe location - neighbourhoods located im the middle of a wider crime-free area. Insulated by a ‘net of safety’.
108
Who is Alice Coleman and what did she do?
3.2
-> Criminologist who studied 4,099 blocks of flats in London.
-> She determined that the poor design of flats led to higher crime rates of anti-social behaviour
-> She recommended that overhead walkways and blocks of flats should be removed. Also said that private garden spaces were needed.
109
What impact did Alice Coleman have?
3.2
-> led to removal of overhead walkways and as a result a 50% drop in crime
110
Who introduced the idea of CPTED? (Crime prevention through environmental design)
3.2
C.R Jefferey
111
Case study of CPTED?
3.2
Gated lanes
112
What are gated lanes?
3.2
• Lockable gates installed to prevent offenders gaining access to alleyways. Found at the back of terraced houses.
• Mainly used to prevent burglaries but also stop fly tipping, anti-social behaviour, dog fouling etc
113
What was Sidebottom et al?
3.2
• A review of 43 studies on gated lanes.
• Found that the gates reduced burglary rates.
114
What reasons did Sidebottom et al give found gated lanes being successful?
3.2
-> They provide a physical barrier, therefore increasing the effort required to commit a crime
-> Residents taking responsibility for for closing the gates increases guardianship and surveillance
-> Gates increase residents sense of territoriality.
-> Reduce rewards of crime - difficult to steal whilst climbing over a gate
115
Limitations of gated lanes?
3.2
-> may be in the way of residents, postal service, and emergency services
-> reliant on people taking care of them, as they require a sense of community
-> only prevents external criminals - people who live in the area still have access
116
What theories support gated lanes and why?
3.2
• Rational choice theory - CPTED sees offenders as acting rationally. For example, if intruders see they will be challenged by residents, they will be more likely to stay away from the area
•
117
Example of environmental design in prison?
3.2
The panopticon
118
What is the panopticon?
3.2
• Idea was created in 1787
• A circular perimeter with cells 9ft deep and six floors high.
• Every other floor in the centre of the circle is a surveillance level for guards to observe prisoners
• Prisoners are unaware they are being watched, must act like they are always being watched
• Holds 288 prisoners total. 96 prisoners per prison guard.
Criminology
flashcards
Decks in class (23)
# Cards
-
Unit 15
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Adoption Studies23
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Jacobs XYY11
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Time, Culture, And Place0
-
1.48
-
1.59
-
1.614
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1.38
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1.25
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Banduras Social Learning Theory10
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Freud9
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Lombroso6
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Sheldon5
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Eysencks Theory10
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2.22
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4.1 - Criminological Theories In Policy Development12
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Psychoanalysis8
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Behaviour Modification - Individualistic Policies11
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Prisons0
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The Death Penalty0
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Evaluation24
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Stuff I Suck At33
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Unit 4 (?)118
