Law and Order - Basis

HideShow resource information

Authoritarianism

  • Beliefe that prisons are necessary 
  • Rejects the view that crimes are committed due to problems within society 
  • Crime is caused by a lack of responsibility
1 of 18

Liberalism

  • Beliefe in tackling the social cuases of crime 
  • Beliefe in rehabilitation over punishment
  • Concerned about the erosion of civil liberties
2 of 18

Crime Statistics

  • Crime reports do not always reflect the truth 
  • Often small crimes are not reported due to mistrust of the police and a lack of confidence in the legal system
  • British Crime Survey is much more reliable
  • Refer to mindmap for 'why has the use of crime statistics been politically controversial?'
3 of 18

Party Opinions

  • During the 1970s and 1980s the Conservatives took the authoritarian view
  • The Labour party adopted the liberal view
  • A key point of conflict between the two parties.
4 of 18

Thatcher's Aims (1979-1990)

  • Reduce crime
  • Increase the power of the police
  • Increase spending in the police service
  • Follow a tough stance on crime
  • Build more prisons. 
5 of 18

Important Legislation/Policy Changes under Thatche

  • 1982 Criminal Justice Act

A system of youth custody aimed at curbing young offenders. 

  • 1984 Police and Criminal Evidence Act

Police had the right to stop and search people of suspect. Suspects could now be questioned up to 72 hours without being charged or released. Critics claimed police abused their powers. 

  • 1986 Public Order Act

Rioting became a special crime. Police could prevent marches/demonstrations. 

  • POLICY CHANGE

Hardline approached proved ineffective. Government focused on tackling the causes of crime. Community policing was introduced as well as more relaxed sentences/prison alternatives. 

  • There was a lack of consensue within the party which led to a fractured approach to law and order.
6 of 18

Policy Reversal 1993/1994 policy

  • Michael Howard declared prison works and launched his 27 point plan rverting the party back to its authoritarian roots.
  • 1994 Criminal Justice and Public Order Act. 

The right to remain silent was removed. Bail rules were tightened. 

VERY CONTROVERSIAL LEGISLATION CONSIDERED TO BE TOO AUTHORITARIAN. 

7 of 18

New Labour and Law and Order

  • 1994 Blair became Shadow Home Secretary 
  • 'Toguh on crime, tough on the causes of crime'.
  • Much more middle ground
8 of 18

Aims of New Labour

  • Zero-tolerance approach successfully implented in New York
  • Tackle social causes of crime 
  • Tackle youth crime 
9 of 18

Introduction of ASBOs

  • Introduced under Blair in 1998 as part of the Crime and Disorder Act. 
  • Aimed at targeting anti-social behaviour in young people.
  • Police and local council work together to form the case for an individual getting an ASBO. 
  • Granted by the Magistrated Courts
  • Civil not criminal order.
  • Include curfews, tagging and exclusion from certain areas.
10 of 18

Criticisms of ASBOs

  • Seen as a 'badge of honour'.
  • Often took too long to grat the ASBO - time taken between complaint and granting was too long.
  • Criticised for being an infringement on human rights. 
11 of 18

Key New Labour Policies

  • Crime and Disorder Act 2000 

Key legislation following the introduction of ASBOs. Set up of a youth justice board to advise the government on how to prevent youth crime. Action was also taken to speed up the process of complaint to trial. Created the final warning system - sent young to people to trial more quickly.

  • 2001 Criminal Justice and Police Act

Aimed at attacking 'yob' culture. On the spot fines were intorduced of up to £50. Criticised for being impractical and subject to mockary. 

12 of 18

Prisons Crisis Under New Labour

  • Thatcher had placed immense pressure on prisons 
  • By then end of the 2000s it was decided that shortage of prison places and overcrowding had to be tackled. 
  • Why did this crisi come about?

More legislation in new categories of crime. Growing population. Underfunding of prisons meant they were run down. Economic recession from 19992 to 2007 meant there were high crime rates. Introduction of minimum sentencing by Labour government overcrowded prisons. 

13 of 18

Prisons Crisis Under New Labour

  • Thatcher had placed immense pressure on prisons 
  • By then end of the 2000s it was decided that shortage of prison places and overcrowding had to be tackled. 
  • Why did this crisi come about?

More legislation in new categories of crime. Growing population. Underfunding of prisons meant they were run down. Economic recession from 19992 to 2007 meant there were high crime rates. Introduction of minimum sentencing by Labour government overcrowded prisons. 

14 of 18

Solutions to Prison Overcrowding

  • Building more prisons

PROS:

Ensures that offenders serve their time. Creates more space. Acts as a zero-tolerance deterrant. Electoral gains. 

CONS:

Building/staffing/maintance costs. Doesnt address reoffending. Tempt judges to give harsher sentences. Displays that crime is on the rise. 

  • More non-custodial sentences

PROS:

Resorative justice/community service provides a service to those who may have been a victim. Focuses on the cuases of crime. Less expensive.

CONS:

Might not be seen as a deterrant. Easily ability to reoffend. Could perhaps make people feel unsafe. 

  • Early Release Schemes

PROS:

Frees up prison space. Procides an incentive when in prison to behave. Stops someone becoming insitutionalised. Cheaper.

CONS:

Many people may be dangerous to society. More likely to commit a crime again. Victims may be angry with early release. 

15 of 18

Electronic Tagging

  • Introduced in 1995 
  • Used to facilitate early release schemes to fre eup space in prison.
  • Tag can be tracked by GPS 
  • CONS:

Often funded by private compaines so profit came before quality. Tags can be removed and criminals have reoffended placing them back into prison. Victims are often uncomfortable with criminas being released into society. 

16 of 18

Restorative Justice

  • Liberal approach to law and order.
  • Introduced in 1997
  • Brining those who comitted crime to into communication with their victims. 
  • PROS:

Majority of victims chose to participate. 85% victim satisfaction rate. Rehabilitation tool used to deter reoffending. Cheaper in the long term (£185 million in cash savings).

  • CONS:

Offenders do not habe to apologise to victims therefor not understading the reason why they are doing the scheme. Fewer than 1% of victims have access to resorative justice scheme. 

17 of 18

Community Payback

  • Unpaid work like removing graffiti, clearing wasteland and decorating public spaces.
  • Offender will often work in an local area.
  • Can work anything from 40 to 300 hours of Communtiy Payback. 

PROS:

  • Gives something back to the community.
  • Provides a rehabilitative function for the offender.

CONS:

  • Victims may feel uncomfortable about the offender being back in society.
  • Doestn emphasise zero tolerance policy. 
18 of 18

Comments

No comments have yet been made

Similar Government & Politics resources:

See all Government & Politics resources »See all Law and Order resources »