CRIMINOLOGY - UNIT 4

GOVERNMENTAL PROCESSES 

Laws in England and Wales is made in parliment. Through a process of consulatation, debate and voting. 

- New law is considered as a GREEN PAPER.  Then considered as a WHITE PAPER. This allows a draft act called a BILL to be presented to parliment. Begins the process in either the house of commons or house of lords. 

- 1st reading 

- 2nd reading 

- Committe stage 

- Report stage 

- 3rd reading        ----- repeated in the other house. 

- Royal assent.      -----  If accepted becomes an act of parliment. 

- JUDICAL PROCESSES - 

Predecent -  is law made by judges in the courts. When a case appears in front of judges they must make a judgement and this forms law. It then must be followed in future cases. 

Judges must apply the law consistently and use the same principles in similar cases. Must be common in all cases 

CASE STUDY 

1. DONOGHUE V STEVENSON 1932

In a can of ginger beer it was found that it had the remains of a decomposing snail in it. Negleigence was introduced. 

2. DANILES V WHITE 1938

A can of lemonade was found to have a corrosive metal. The previous case was implemented and the judicial predecent was enforced. 

- STATUTORY INTERPRETATION 

alternative way of judges making laws. In superior courts of appeal are sometimes called upon to interpret words and phrases within a statue. 

Various rules and aids to help judges to do this and have the ability to interpret the way they see fit. 

POLICE 

The role of the police is to keep the peace in society, prevent crime, testify in court.

-  Work with the courts to ensure the defendants, in custody, are brought to the court. 

- Often will give evidnece in court. 

- Work with the CPS in the charging and prosecution of offenders. 

MINISTRY OF JUSTICE 

- They work together with each department to make sure they work well. Make sure sentences are served. 

- HM courts and tribunal services. 

- Probation services 

-  Work with the prison service. 

HM COURTS AND TRIBUNAL SERVICE.

- Contributes by the judiciary to law creation through judicial predecent and statutory interpretation. 

- Liaison with the police and independant security firms and prisons to ensure safe delivery of prisoners to court. 

- Arrangements for video links of a prisoner if they are unable to attend courts. 

CPS 

- advise the police on charging a suspect. 

- Work with the probation services when a prisoner is released. 

NATIONAL PROBATION SERVICE 

- Reassure a prisoner is returned to prison if they break the rules of their probation. 

- Liase with the other agencies when prisoners are released. 

SENTENCING COUNCIL 

- Works with the judiciary and the other legal proffessionals to produce guidelines on sentencing. 

- The judge would set the term of impriosnment. 

CAMPAIGN FOR CHANGE 

- Liase with other agencies for support to enable charge to effective. 

- Sarahs law worked with police on child sex offenders disclousures scheme. 

- Prison reform trust works with prisons and other agencies to improve the penal system. 

HERBERT PACKER 1968- CRIMINAL CONTROL & DUE PROCESS. 

- CRIMINAL CONTROL 

Quick and efficient disposal of criminal cases. Similar to a conveyor belt. The aim is to punish criminals and stop them for committing again. Focus on protecting the rights of the victims instead of the offenders. Right realism would support this. Also links to zero- tolerence,conviction  of the guilty even if there is a risk of convicting an inncoent person. Doesn't look at the cause of crime. 

- DUE PROCESS 

Focuses on the presumption of innocence, left realism. Protection of civil liberities. It also placesmuch less reliability on the police, shouldn't trust everything the police do. Looks at when things go wrong. The CPS were formed as a result of failure of the police. Accepts the state makes mistakes. more equal and caring. A system of safe guarding. 

EXAMPLES OF CRIMINAL CONTROL 

-allowing the introduction of 'bad character' evidence and previous convictions for courts to consider when deliberating a verdict. 

- removal of double jeopardy rule for murder and other serious offences. 

- extended pre-charge detention time for terrorists. 

EXAMPLES OF DUE PROCESSES. 

-acknowledgment of the need fo police procedural safeguards. introduced by the police and criminal evidence act PACE 1984. 

- all interviews are now recorded, suspects have right to legal representation. 

- human rights act 1998 allows for crimianl justice practice to be throughly looked at from a humans right persepctive. 

- term social control refers to any strategy for prevent deviant human behaviout. We encourgae people in society to conform to the law and any course of action that helps to achieve forms of social control. 

INTERNAL FORMS 

Rational ideology - idea or belief to achieve social control. Conscience with feelings of guilt, anxiety, worry from within. Helps guide us to reach solutions. 

Tradition - it may be own traditions, customs or norms that ensure you conform to rules. Sometimes religion or culture or purely your upbringing ensures you do not break the law. 

Internalisation of social rules and morlaity -  working out what is right and wrong. Knowing what is right and wrong based on social values. eg. Not queue jumping. 

- EXTERNAL CONTROL 

members of the public to conform to the rules. eg the teachers may set a detention if you do not do the work. 

it is the most obvious form of social control. Used by insituations and oganisations which specifically empowered to enforce the laws onto communities eg. police presence. 

coercion -  can be physical or not. use of force to achieve a desired end. prisons clearly use coercion and the threat of loss of liberty. 

fear of punishment-  stop people for offending (deterrence)      INDIVIDUAL - stop reoffending. GENERAL - stop others from offending in the first place. eg. heavily financial penalty. 

CONTROL THEORY 

try to explain why people do not commit crime. 

supports the view that people require nuturingin order to develop attachments or bonds that are key in producing internal controls such as conscience. 

crime is a result of insufficient attachments and commitment to others. 

WALTER RECKLESS 

developed one version of control theory known as containment. He argued we can resist committing crime due to inner and outer containment. 

- inner containment upbringing and particulary the influence of our family. 

- outer containment social group influence of them including laws of society we live in. 

HIRSCHI - form social bonds prevent crime: attachement, commitment, involvement and belief. Properly formed to prevent a person who has the potential to commit crime to actually doing so. 

RETRIBUTION 

- Major aim of punishment 

- Offender deserves punishment

- Aiming to punish offender to the level that is deserved.

- Compensation 

- An eye for an eye

- Does not alter the future of the offender

Right realist theory. Wants the defendant to be punished without considering any of the reasons behind crime. 

REHABILITATION 

- Aiming to alter the mindset of the offender so that reoffedning can be prevented. 

- Reform 

- Criminal behaviour is a result of free will and rational choice 

- Unpaid work 

- Drug rehabilitation 

Individualistic theories would support rehabilitation. Behaviour modification suggests techniques that would reduce undesriable behaviour and increase desirable ones. 

doesn't work recidivism rate is around 50%. 

DETERRENCE 

prevent people from commiting crime 

individual - making sure the offender does not reoffend expectation of loss of liberty. 

general - prevent potential offenders. 

SOCIAL LEARNING THEORY crime is learnt from other people.

MARXISM means of controlling the proletariat.