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Criminology, AC 3.1, AC 3.4, A.C. 3.3 Limitations of agencies achiving…
Criminology
AC 1.1
Law making process:
First reading- makes people aware
Second reading- debating general aims and principals
Comitee stage- Detailed clause by clause scrutiny
Report stage- Whole house is able to reconsider the amended bill
Third reading- the final stage of consideration no major amendments allowed
House of lords- Where they go through the same processes as HoC
Royal assent- The current monarch formally approves the bill
House of Lords
800 peers. Positions used to
only be inherited however people can now be
appointed them(Life peers), life peers children
cannot inherit the position
Out of the 800 peers
only 92 are hereditary and 26
Church of England bishops
Originally women were unable to be peers however this has since changed
Life and Peerage act 1958
: allows the creation/appointment of life peers as long as they are UK citizens and are qualified. Children of Life Peers are called 'The honourable'
House of commons
Made up of 650 members selected in general elections by the public. Each MP represents a constituency
They are seen as the more 'democratic' house as they represent the wishes of the general public
Green paper: The proposed
bill
White paper: The finished
bill
Any bills proposed will be voted on and debated by the government as a 'proposal' at first. Parliament is made up of most of the 650 MPs and the prime minister as the head.
A.C. 2.2
Deterrence
(left realism)
Individual Deterrence:
Punishment is used to prevent an individual from offending. More personal things like removing liberty
General Deterrence:
Punishment is used to prevent the majority from offending. General methods like publicising widely suffering of those convicted
Deterrence must take the severity
of the problem into account to work along with increasing the chance of the person being caught
This assumes all offenders think rationally before committing crime
Half of prisoners reoffend within a year of leaving prison, proving deterrence isn't as effective as they would hope
Inadequate on its own
Incapacitation
(right realism, biological theories)
Removing offenders ability to commit crime. There are 3 severity levels:
Restrictions on Freedom
Prison
The Death Penalty
People could be given electronic tags with curfews or be banned from traveling
The
Criminal justice act 2003
embedded incapacitation into the CSJ. Courts could sentence individuals who pose a risk to society indefinitely
The three strike rule is an example. after 3 more severe convictions you can be sentenced to life in prison
Biological theories argue this works because crime is embedded in peoples genetics, this is the only way
This dose not stop offenders committing crimes in prisons and docent address the root cause of crime, it docent work on its own
Rehabilitation
(psychoanalysis, left realism)
Preventing people from further offending by changing their values aptitudes and behaviours
They can be within prison or outside with organisations or charities
Includes many things such as education, addiction help and anger management
Cognitive theories suggest the best way is through changing the way they think like with CBT
Some see it as too soft/kind whilst others see it as the way to go as pure punishment doesn't address the actual cause of offending
Retribution
(Right realism, biological theories)
Those who have done people harm deserve to be harmed in return. It should give victims of the crime satisfaction. We punish in order to feel a sense of justice
Joyce suggests this can be tied to deterrence in many cases
Some places castrate male sex offenders as retributive punishment
Right realisms rational choice theory argues criminals make the decision to behave illegally and deserve to suffer the consequences
Functionalists like Emile Durkheim argue crime serves the function of maintaining moral boundaries in society and that expressing outrage through this works to balance it out
They do not consider the individual receiving the punishment, if they are remorseful or if the damage was accidental they would not be treat mercifully
Reparation
(Left realism, interactionalism)
The idea of paying the victims back: If you stole money give it back, if you graffiti something clean it off
This often acts as a form of deterrence as people do not want to loose money
Restorative justice aims to ensure offenders acknowledge the harm they have caused and allow them to be reintegrated (some may meet with the person they committed the crime against)
These approaches label the behaviour as negative not the person, potentially preventing them from reoffending
If an offender is unable to fix the damage they do themselves they are instead made to pay a fine and/or do community service
Some believe it lets offenders off to easily and that it would leave victims feeling no sense of justice
Not all damage can be fixed, some is permeant (especially mental damage)
AC 2.3
The aims of punishment are defined in
The criminal justice act 2003
as:
Punishment of offenders
Crime reduction and deterrence
Rehabilitation of offenders
Protection of the public
Reparation to victims
Imprisonment
Main links- Deterrence, Incapacitation and Rehabilitation
Three types of sentence:
Indeterminate
Life
Determinate
Suspended
IPP Sentences
: under the
CSJ 2003
people could be held indefinitely for public protection. This was amended in 2012 however we still have around 2600 prisoners on IPP's in the uk
Retribution: This is more dependant on the prison, prisons with bad conditions can be seen as meeting this however those with good conditions do not
Deterrence: For some the risk of being sent to prison is enough to deter reoffending/offending. However prisons with nicer conditions may do the opposite and people have different mindsets/mental states. Additionally almost half of adult prisoners will reoffend in a year of release
Public protection/Incapacitation:
It protects most of the general public from offenders however fails to protect the members of the public that work in jail. Longer sentences and minimum sentences exist to help protect the public however they are only temporary and prisons are very expensive.
Reparation:
Under the
Prisoners Earning Act 2011:
prisoners permitted to work outside the prison in prep for release pay a proportion of their earnings to the cost of victim support services. However few prisoners are able to do this and it dose little to meet this aim properly
Rehabilitation:
This is a main goal of imprisonment however is often executed poorly. Prisons do have available rehabilitation programmes. Prisoner son shorter sentences are unable to access them/end them early and opportunities for education/training are extremely limited, less than 400 prisoners are offered to be Released on a Temporary Licence (ROTL)
48% of prisoners reoffend within a year of release, rises to 64% on a less than 12 month sentence
Over 50% of prisoners have the literacy skills of an 11 year old
Community Sentences:
They will have one or more requirements:
Supervision by a probation officer
Between 40-300 hours of unpaid work
A curefew or exclusion order
A residency requirement
A group programme like anger management
Retribution:
To some, making a criminal work for their crime is a good method as they loose their free time and work unpaid however to others their freedom isn't restricted enough
Reparation:
The criminal pays back the community by doing unpaid work and this could be something that benifits the victim. However, they cant pay the victim back with anything monetary as work is unpaid
Public Protection:
This only really works where prisoners have curfews and are made to live in hostels, even here they still have easy access to the public
Rehabilitation:
They have much better access to rehabilitation programmes on the outside and can be assigned them as apart of the community service. It is far easier to access support from friends and family on the outside then in prison. However, they aren't always mandatory and forced work can lead to negative and resentful feelings
Deterrence:
Seeing people in the vests being forced to work may deter people from committing crime. However, to some they may be encouraged as they see a less severe offence
Fines
Retribution:
This can be a good way to make people suffer for what they have done however can be seen as getting off light
Reparation:
As long as the money is paid to the victim not directly to court, this meets the aim exactly
Public protection:
The only way this protects the public is by potentially deterring future criminals
This dose not meet rehabilitation
Deterrence:
A fine may make offenders reluctant to reoffend in fear of further punishment, people may also be deterred in fear of being fined
Discharges
Retribution:
Barely a punishment depending on the type of discharge, the victim only gets retribution if the offender reoffends
Reparation:
No payments are made to make up for the crime
Public protection:
Slight deterrence which may protect the public from reoffending
Rehabilitation:
Being allowed to go live a normal life gives the offender the opportunity to access outside rehabilitation programmes
Deterrence:
Can help by lowering the risk of self fulfilling prophecy
as for some just being put through the court process is scary enough
Types of discharge:
Absolute/Unconditional
Conditional, period of up to 3 years, they will be charged for the new and old offence if they reoffend during this time
Ac 1.2
Minsitry of justice-
They work together with other government departments
and agencies to ensure justice is carried out
Millions use the services including 500 courts and 121 prisons
Police
CPS
Courts
Probation service
Prison service
Voluntary services
Government departments
Ac 1.3
Herbert Packer(1968) observed
values of the CJS and in the US and came
up with the Crime control model and Due process model
Crime control model
Goal
- Suppression of crime
Logic
- Deterring others and stopping individuals
from committing crime
The system presumes people are guilty untill proven innocent
Police are given alot more power
Links to the ideas of right realism
and Zero tolerance
'Conveyor belt system':
Tries to get suspects through the system
as fast as possible
Issues:
People can be wrongly convicted easier
Innocents are victimised by the lack of justice
Rights of the suspect coming second means that miscarriage of justice is common
Due process model
Goal- Protect accused from oppression
Strategy- ensure an individual is unquestionably guilty
Issues:
Guilty indiviuals sometimes walk free
Justice takes alot of time
Accused have more rights then victims
Individuals are innocent until proven guilty
Police aren't trusted as much and aren't seen as competent
The system is seen as an 'obstacle course'
They have to jump through hurdles in order to prove guilt
A.c. 2.1
Social control refers to the ways in which society regulates and influences peoples behaviour to ensure they conform to social norms, values and behaviours
Internal forms of social control come from within, they are a persons own idea of right and wrong. This could link to Freuds idea of id, ego and super ego
Our super ego makes us feel guilty
when we do something wrong, it is formed by
believes and values
Rational ideology- thoughts, beliefs and how the conscience
uses feelings of anxiety to guide us to the right choices
Internalising social rules and morality
Tradition and religion can affect peoples perception of what is and isn't criminal
External forms of social control refer to the ways
that behaviour is regulated by forces outside of an individual, this can be formal or informal
Under PACE 1984, police have powers
to detention and interview. The courts and
prison also get involved in social control when someone is charged
Coercion is a type of social control that can be physical or non-violent. it could take the form of bodily injury, imprisonment or the death penalty if physical. if non-physical it usually consists of strike, boycott and non-cooperation
The fear/threat of punishment acts as a form
of social control as it deters people from committing crime
Someone's lack of social bonds and/or attachments
can lead them to commit crime
AC 3.1
The Judiciary
AIMS AND OBJECTIVES:
They apply the law to cases presented
Where needed they interpret the law(Statutory interpretation and precedents)
In crown court, judges are managers of the trial that ensure jury know the procedures to follow
In appeal courts, the aims are beyond just sentencing of an individual case, judgements made bind lower courts to it
PHILLOSOPHY:
The
Guide to Judicial Conduct
sets out 6 principles for judges behaviour:
Judicial Independence- Judges should be free from government and political interference
Impartiality- Not showing favour to one side or the other
Integrity- Being honest and acting with moral principles
Propriety- Behaving appropriately according to social norms
Equal Treatment- Ensuring all people are treat equally in court
Competence- Having the knowledge and ability to perform the role
Judges Swear two oaths when appointed their role:
The Oath of allegiance to the King, his heirs and successors
The judicial oath which includes the 6 set principles set out in the conduct
FUNDING
:
Government funded - the prime minister and lord chancellor decide how much judges should be paid, based on the advice they receive from the senior salaries review body
In 2018, judges salaries ranged from £110,000 to £257,000 - however some barristers can earn more
WORKING PRACTICES
:
Judges salaries are guaranteed, as are their positions
They have once called 'security of tenure' - they cannot be removed from their post unless both the house of commons and lords pass a petition to the monarch against them
There are superior and inferior Judges
TYPES OF CRIMINALITY, OFFENDER AND REACH
Similar to the CPS, they deal with everythig apart from minor offencers magistrates handle
They deal with all indictable offences and the people charged with them
The supreme court has nationwide jurisdiction as they set the precedent for the entire country, crown courts however handle local cases meaning they have both national and local reach
The Police
AIMS AND OBJECTIVES
:
Reduce crime
Maintain law and order
Protect life and Property
Preserve the peace
-Detecting criminal offences
They are able to do this with powers of arrest, detention search and interveiw set out in the
Police and Criminal Evidence Act 1984(PACE)
FUNDING
Their funding primarily comes from the government however they gain some from council taxes. Currently facing a funding cut of £400m
Funding cuts affect ability to take on as many cases as needed, they aren't able to hire staff or purchase helpful equipment like roadside drug tests.
Polices funding has decreased by 19% over 2010 to 2018, leading to a fall of 20,000 in staff.
They struggle to get specialised staff in like Forensic Psychologists which causes investigations to take too long(ac 1.1 link)
PHILOSOPHY
Sir Robert Peel, founder of the Metropolitan police in 1829 summed up the philosophy as:
Preventing crime and disorder
Relying on public co-operation and approval
Impartially serving the law
The police are citizens in uniform and must follow the law as all citizens do
Cases like Steven Lawrence(murdered, institutionalised racism affected the case) cause opinions of the police to falter and lead to faith diminishing
WORKING PRACTICES
All forces have teams responsible for certain duties or for responding to calls from the public.
They have teams dedicated to specialised complex crimes for the following areas: Anti terrorism, Covert operations and intelligence, Diplomatic protection, Firearms, Drugs, Royal protection, Dog handlers, River police, Mounted police
They have PCSO's who support the police by tackling antisocial behaviour
Whilst police can be effective in carrying out their role, things like the Hillsborough disaster show where they fail to carry out their role and protect face
CPS-
Set up in 1986 under the
Prosecution of Offenders Act
AIMS AND OBJECTIVES
:
Advising police on evidence they need to prosecute
Advising police in their line of inquiry
Assessing evidence given by police and continuously reviewing cases
Deciding weather or not to prosecute and the charges given
Preparing prosecution for court
Assisting, supporting and informing victims/Prosecution witnesses
PHILOSOPHY/VALUES
The underpinning philosophy of the CPS dictates that the following things are important:
Independence and Fairness
Honesty and Openess
Treating everyone with respect
Behaving professionally and striving for excellence
Equality and inclusion
Upholding these is key to the CPS meeting their aims and objectives
FUNDING
The CPS receive around half a billion per year from the government
When defendants pay fines etc, they are paid to the CPS
Confiscated items and assets have the proceeds recovered by the CPS
It has also experienced budget cuts - in 2018 they had to loose a 3rd of staff due to a 25% budget cut
WORKING PRACTICES
The CPS deal with the full range of offences and individuals that are being charged or convicted. Being a national organisation they stretch across England and Wales and have a virtual presence for providing advice to the police any day
They have 14 regional teams for prosecution as locally as possible. Each has a Chief Crown Prosecutor to oversee them and they work closely with local police and other Criminal Justice partners
The full code test is used to decide weather or not to prosecute
The evidential stage:
The CPS review evidence and decide what is admissible and what isn't, after they decide if a case should proceed based on if it has enough evidence or not
The Public Interest Stage:
After the evidential stage they review a case to decide if its in the public interest to prosecute or not. Crime in the area, suspect age, suspect vulnerability and more is assessed here
ABU HAMZA
Was taken in multiple times for suspected terrorism and got rejected each time due to a 'lack of evidence', as a result he was able to commit another 11 offences before prosecution
Threshold test:
If a case doesn't meet the Full Code Test's requirements but there's reasonable grounds to believe the suspect is guilty they can use this test
Requirements:
Reasonable grounds to believe guilt
Enough further evidence that can be gained later to secure conviction
The offence must be serious enough to justify immediate charging
National Probation Service
AIMS AND OBJECTIVES
Protect the public by rehabilitating offenders, they attempt to do this by tackling the cause of criminal behaviour
They describe themselves as a statutory criminal justice service, supervising high risk offenders and supporting victims of serious crimes
They work with:
Courts
Police
Prisons
Private and public sectors in offender management
32 community rehabilitation companies which provide probation for low and medium risk offenders
They have two types of client:
Offenders serving their sentence in the community
: This can have requirements such as- 300 hours of unpaid work, A curfew or exclusion order or a residency requirement, A group of programmes like anger management
Offenders who have been released from prison on licence
Offenders are released from the middle to the end of their sentence depending on behaviour, being released towards the middle is known as being released on licence. This also requires a community sentence on release
PHILOSOPHY
The NPS state they have an ethical practice in they way they treat offenders becuase:
They have the belife offenders can change for the better and become responsible members of society
They believe the offender has worth and treats them with dignity
A commitment to social justice, inclusion, equality and diversity
FUNDING
The NPS is part of the HM Prison and Probation service (HMPPS), in 2018 they had an overall budget of £4.6billion shared across prisons and probation
The budget is provided from the government and comes from general taxation of the public
The private sector such as the community rehabilitation companies get paid for reaching targets. However, 19 out of 21 are not recently meeting these. Some even performing supervision only over the phone
In 2018 the conservative announced the end of all private contracts in 2020 and decided to reorganise probation into ten English regions: each having one community rehabilitation program and a NPS division. In Wales the NPS manages all offenders
WORKING PRACTICES
On average 250,000 offenders are on probation at once
In 2018 40% were supervises by the NPS and 60% by community rehab companies
The NPS aim to tame standards nationally, but work with offenders locally. They replaced 35 probation trusts in 2014 and are divided into 7 areas
They are responsible for:
Preparing pre-sentencing reports for courts
They asses prisoners to prepare them to be released from prison onto licence
Supervise prisoners on licence
Manage approved premises for senteces requiring residence requirement
They help offenders meet the requirements of their community sentence
When an offender is sentenced with 12 months or more for a serious crime the NPS communicates and supports the victim
Prisons
AIMS AND OBJECTIVES
To protect the public
To rehabilitate convicted offenders
To implement the sentences given by the courts by holding prisoners securely
PHILOSOPHY
The HM Prison and Probation service says that its purpose is to 'prevent victims by changing the lives of offenders'. Their website identifies their priorities as:
Delivering the governments vision and investment to make prison a place of safety and reform
Providing safe and supportive environments where people work through reasons they offended and prepare for a more positive future
FUNDING
Funding from the central government
General taxation
The cost of keeping a prisoner on average for a year is £37,543. Cuts in funding reduce staffing levels leaving prison officers in difficult situations and capacity for prisoners is lowered.
WORKING PRACTICES
There are public and private prisons:
Private:
In private prisons the government pays a private company to run and maintain the prison on their behalf. In 2016 HMP Birmingham was at the time privately ran and had the worst prison riot in years, it took hours to regain control. In 2019 it was reclaimed by the public sector
Prisons often only house high level offenders, the range of seriousness can vary greatly however
For prisoners who have attempted escape they are put on a list. They will be moved frequently between cells, have personal items removed before night and wear bright yellow suits whilst being moved
Prisons follow a token economy, prisoners gain rewards by following the rules (individualistic theories of crime). These are called Earned Privileges (IEP's)
This is a scale- People enter at the middle, bad behaviour reduces them to basic privileges whilst good behaviour works them up to enhanced privileges
Incentives could be: Better chance at probation, More visits, Extra money and being allowed different clothes
MUST INCLUDE
:
Aims and Objectives
Funding
Philosophy
Working Practices: Types of criminality, types of offenders, reach
AC 3.4
CPS
EVIDENCE OF SUCESS
The CPS prosecuted 80,000 cases in Crown Court and over 450,000 cases in the magistrates court in 2018
84.1% of the defendants that were prosecuted were convicted
This may look effective, however only 8.2% of convicted cases were charged in 2018
CPS AND THE MEDIA
The media have not been favourable to the CPS, they focus on reporting negatively about them.
On September 24th 2018, the guardian reported on a CPS's specialist rape prosecutor being advised to drop 'weak' rape cases
A prosecutor stated that if they dropped 350 'weak' cases they would improve success rate by 61%
This was criticised as it reduces access to justice.
Juries are less likely to convict cases with younger students and people with mental health issues as they get removed from the system
To the CPS 'weak' cases are cases where they dont have alot of evidence or they take awhile to prosecute
Despite the fact that this was a good issue to report on, the media often have heavy bias in their reports (ac 1.3)
REALISTIC PROSPECT OF CONVICTION
The full code tests allows prosecutors to ensure they are satisfied there is a realistic prospect of conviction
Evidence must be extremely likely to convince the jury, however they are criticised for being more concerned about successful conviction over justice
Between 2014 and 2018 the number of crimes reported doubled but prosecutions fell
BUDGET CUTS
Over previous years, the cps has lost 25% of funding leading to a 1/3 loss in staff
Max Hill, director of public protections stated they cannot afford anymore budget cuts. Staff are already overworked
DISCLOSURE OF EVIDENCE
The CPS has seen rape cases collapse due to their own and polices failure to disclose evidence
Liam Allen was almost prosecuted for rape and had his name all over the media due to failure to read and disclose text message evidence
FAILURE TO BUILD CASES
The CPS take some cases to prosecution without building them properly, leading to collapse
This especially happens when the case is built around witnesses without proper background checks
Damilola Taylor was a witness with a history of lying in court allowed to testify again, where they lied again
Police
DOMESTIC ABUSE
Recently, police prioritised some offences that concern the public, one being Domestic Abuse. The
2017 HM inspector of police report
shows that two-thirds of domestic abuse practitioners felt polices approach had improved
However this same report showed performance had not improved across the board. The Arrest rate has fallen and police don't use bail conditions to protect victims. Additionally staff shortages cause delayed response and body cams aren't used consistently
There is some perceived effectiveness, but evidence shows a lack of this in Social Control relating to Domestic Abuse
THE MACPHERSON REPORT
:
This shows police failing to meet their own standards when investigating Stephen Lawrences murder. The racisms within the force lead to an improper investigation and years of injustice
Offences recorded by police in 2016: 4.5m
Offences recorded by police in 2018: 5.7m
Cases resulting in a charge in 2015: 15%
Cases resulting in a charge in 2018: 8.2%
The effectiveness of recording offences has increased but actual investigation quality has decreased
THEIR PERFORMANCE
:
Research has found:
Recruitment Officers from BAME backgrounds have increased but they are still underrepresented
Stop and Searchers are still disproportionately used against Minority Groups
Tasers are used disproportionately against people from Minority Backgrounds
Policing by Consent
: The idea that police should build positive relationships with all corners of the community based on consent and trust. Ethnic differences make this less effective
Media influence
:
The police loose sight of aims and objective whilst the media is involved. They over police certain areas and crimes as a result of moral panic (Mods and Rockers). At times like this they try to portray themselves as 'crime busters' which massively backfires
Prisons
STAFF CUTS AND OVERCROWDING
:
They don't have enough staff to maintain social control, in 2016 HMP Birmingham had the worst prison riots in 25 years as a result
They are getting too full, no space to hold prisoners means more are being released early and are being given lighter sentences. Reducing chance for rehabilitation
REHABILITATION NEEDS BEING IGNORED AND A DRUG EPEDEMIC
:
Prisoners don't receive proper support to move into society, this causes increased recidivism(reoffending) rates potentially due to anger at lack of support
A rise in drug crime means more organised networks are formed. Addiction rates rise and people going cold turkey in prisons cause a lot of issues
Additionally, drugs are easy to get into prisons meaning addicts often leave with the issues and it leads to more animosity in prison
SECURITY AND SAFTEY
As a whole, Prisons are harder to escape and keep the public safe however it is easier to smuggle in things like drugs and phones
They are relatively safe nowadays, whilst fights are more common riots are rare and sometimes they have enough officers to break up fights. However, in some cases people still die in prison like with Ian Huntley
REOFFENDING AFTER RELEASE
Despite rehabilitation being the main point of the criminal justice system.
For example, in 2017 within one year of release:
37.5% of ex-prisoners reoffend
Among ex-prisoners with many previous convictions (11 or more) nearly half reoffended
64.1% of those short sentences (less than 12 months) reoffended
Around 40% of juvenile offenders re-offended
The National Probation Service
PRIVATISATION
:
Evidence supports the probation service should be purely public:
Offenders housing needs are met less by privatisation
Offenders are only supervised over the phone when privatised
Meetings have been held in the open and inadequate protection for victims/children
Probation officers have bigger workloads due to staff cuts to save money
BIAS
The political ideology of conservative government shows a clear favouritism towards privatisation for social controll
They see it as more cost effective
For this reason, the conservative government followed a policy of privatisation in both services
Dane Glenys Stacey, then head of the probation service, said in 2019 that part-privatisation is irredeemably flawed and its difficult to see how people could have confidence in it
In general, the NPS are better than privatised services in achiving social control. Overall it has about half the rate of re-offending compared with prison.
However it has its limitations that reduce effectiveness in social controll
The Judciary
REPRESENTING SOCIETY
71% of judges are male and more than half of these are over 50. Along with this only 5% of judges are from BAME backgrounds whilst 13% of the general population are BAME.
74% of judges receive a private education whilst only 7% of the genral population are. additionally, 74% went to Oxbridge universites and they mainly represent the higher classes
This often means judges are unable to see from our perspective and are 'out of touch' with todays society. This leads to biases being held and miscarriages of justice
GENDER BIAS
There is clear evidence to support gender biases in the judiciary
Women often receive lenient sentences for some crimes, and more sever sentences for others
They are less likely to get custodial sentences and much more likely to get sentences on the shorter end
CHIVALRY THESIS
This puts forward a potential explination for why women tend to get lenient sentences
The Majority of the CSJ is male, they are raised to see women as individuals who need protection and sympathy
As a result of this men see women as people who need to be protected or saved.
Men try to behave 'honourably' by giving women lighter sentences
A.C. 3.3
Limitations of agencies achiving social control
FINANCE
Police
In 2014, their budget was cut by £300m. It was further cut by 19% in 2018
This was actually a 30% cut but local councils stepped in to help with extra funding
Cuts like these have lead to the loss of 20,000 officers and a national detectives shortage
Probation services
Staff shortages are a major issue thanks to a lack of funding. Privatisation is not a viable solution due to the fact that private agencies don't do the job properly
Glenn Stacey, the cheif inspector of probation, argues that privatisation is flawed as judges, victims, the public and offenders all lack confidence in them
They don't do their job properly, often doing meetings over the phone.
ACESS TO RESOURCES AND SUPPORT
Prison
People cannot be rehabilitated without the right support and resources
Short sentences mean that people don't have the time to be rehabilitated
Inadequet education and training in prisons means that there arent enough programes for prisoners and only 20% of programes are classed as good
The number of officers has been cut by 15% making control difficult and it hard to supervise licence arrangements
Probation
Offenders released from prison should stay under constant supervision and support from probation services
Prisoners are likely to have debt to pay off, no housing and no job when released.
25% of prisoners have a job on release
One in Nine offenders don't have settled accomodation
Shorter term sentences like community service have much lower recidivism rates with only 34% reoffending compared to 64$ released from custody
This could be because they have access to support on the outside unavailable in prison
They are criticised as offenders are allowed to miss appointments and they cant facilitate proper support
Repeat offending
Agencies will attempt to stop individuals from becoming repeat offenders however this is a continuous struggle
Higher recidivism rates causes issues for the prison system. Prisons are overflowing meaning they have to pick and choose who they send to prison for what.
CIVIL LIBERTIES AND LEGAL BARRIERS
In most societies, people have protected human and civil rights that affect working practices and capacity to achieve social control. Especially for police and prisons
Some ones impacted by the police and prisons are:
Freedom of speech
Freedom of movement
The due process model:
In this model the rights of the individual are prioritised over the rights of the majority. They believe that it is more important to prosecute justly and maintain the
Freedom from arbitrary arrest
and
Freedom from detention without trial
The crime control model on the other hand prioritises prosecuting as many people as fast as possible, often leading to miscarriage of justice and the CSJ being seen as a
'Conveyor belt system
MORAL IMPERITIVES
AC 3.2
THE BUILT ENVIRONMENT
Sometimes the appearance and architecture of a place can encourage crime as it gives people opportunities
Right realists support this as they think it makes choosing to commit crime more difficult.
Broken window theory
:
A place with lots of graffiti and broken windows encourages crime as it looks more common
Newman (1972)
researched into New York Crime, they found that 55% of crime happens in semi-public spaces where nobody felt they have control
These can be confused with areas of public space because nobody cares about the way people care about their own garden
These are sometimes called
Indefensible Spaces
Features reducing crime rate:
Territory
Surveillance
Safe Image
Protected Location
Applying to Design
Alice Coleman
: Analysed blocks of flats in London (4,099 of them) she found 3 key features encouraging crime:
Anonymity
Lack of surveillance
Easy escape
Her Recommendations:
Don't build any more blocks of flats
Blocks that already exist should be given a garden or private space
Overhead walkways should be removed
Examples of attempts to Design out Crime
West London- The Lisson Green estate. Overhead walkways were removed. Crime was reduced by 50%
Architectural liaison officers are people who the police forces employ and use to observe accommodation being built
Secured by Design scheme:
The building industry uses this to ensure designs meet crime prevention standards. HO research found burglaries were 30% less likely to occur in SBD accomodation
Gated lanes- Where they put gates in alleys that homeowners have keys to in an attempt to prevent crime. These can be highly effective but only if there is a good sense of community responsibility
Each pound spent on a gate leads to an average saving of £2.19 (in terms of insurance and police involvement)-
Sidebottom Et Al
Criminals in a gated area may be encouraged instead of discouraged
It can be difficult to get every resident on board with the idea
CRITICISMS OF ENVIRONMENTAL CRIME PROTECTION
:
People in the protected areas may still offend
Offences like technological crime wont be affected by ECP at all
People work, sleep and go out. Nobody is watching all the time
Councils deliberately put individuals in high crime rate accomodations. 'Sink estates' are created and people can make networks like this
Reputation of the area may be the issue not its geometry
BEHAVIOURAL TACTICS
ASBOs
ASBOS and CrimBo's are ver similar things. Asbos are for antisocial behaviour mainly
These were introduced in 1998 by Tony Blair, aimed at dealing with low-level antisocial behaviour
58% of people breached the ASBO they were given between 2000 and 2013 as they simply aren't strict enough
Self Fulfilling prophecy:
Criminologists argue that once a labels has been attached with something like an ASBO the individual is more likely to commit further deviant behaviour
CrimBOs
The
Antisocial behaviour, crime and policing act 2014
replaced ASBOS with 3 new things: Criminal Behaviour Orders for severe antisocial activity, Community protection notices for somewhat serious behaviour and Civil Injunctions for minor antisocial behaviour
They may have
positive requirements
where something is added to someone's life like community service. Or
negative requirements
where something is taken away from somebodies life like fines
Breaching a Crimbo:
Individuals who breach a civil injunction can be given 2 years in prison if they are an adult or a 3 month detention order if under 18
Non compliance with a CPN:
can lead to court summons and a fine up to £2,500 for individuals and £20,000
Aid in Social Control:
People don't want to be sanctioned, it deters them from committing crime and from reoffending if already on an CrimBO
There is no instant 'gratification' meaning this doesn't work for everyone as some need to be properly restrained. police have to prioritise certain crime and this impacts social control
Token economies:
Incentives and Earned Privelages(IEP's) are an example of token economy
This is based on the ides that rewarded behaviours are more likely to be repeated, so rewarding good behaviour causes it to eventually become automatic(operant conditioning)
Tokens can be symbolic in the form of a reward or literal tokens that are saved up for different rewards
Some research shows that this is an effective system whilst they are inmates. But on release desired behaviours are not continues as rewards are no longer in place
Offenders do take longer to reoffend, however good behaviours are forgotten over time as there is no token economy in real life
Some people suggest that this is now only done for the benefit of the staff. Although it helps improve inmate and staff relations which could be helpful.
THE PANOPTICON
Michel Foucault:
Our society is increasingly controlled through self-survailence
In this design all prisoners are visible to the guards in a central tower, but prisoners cant see guards
Whilst the design is an external force affecting social control, it leads to greater internal social control as people monitor themselves
Key Terms:
-
Indefensible Spaces
: A place without clear boundaries, semi-public and people often don't care about taking care of it
Defensible spaces:
An area with clear boundaries and systems in place to care for like a garden
Police have had to drop investigations due to cuts
Case like violent attack, sexual offences and arson are all classed as difficult/complex, making them first to be dropped
Rape cases take an average of 129 days to investigate, compared to criminal damage and theft which takes 2.
In 2017 the met police dropped 2.6x as many cases as 2016, however this was
"necessary to uphold good stats and reputation"
This idea doesn't work in practice however as crimes go unreported and people loose trust
CPS
The CPS budget has been cut by 1/4 between 2010 and 2018, leading to a 1/3 loss in staff
The head of the CPS in 2018 stated that it was leading to thousands of cases being dropped or not investigated properly
This mainly includes Rape, Fraud and Modern slavery
The CPS had been accused of downgrading charges so that they are prosecuted in magistrates court not crown
Whilst magistrates court is faster/cheaper. It means people get off lightly and sometimes wastes more time as magistrates may send the criminal to crown court anyway for harsher sentancing
Prisons
Budget cuts of 16% over 2010 to 2018 has lead to staff levels falling and officers quitting
Critics say that this causes a crisis, prisons have seen a rise in SH, suicide and assaults
This also leads to recidivism rates after leaving prison rising as they cannot fund rehabilitation programmes. 60% reoffend within a year of release
Privatisation of the service is something that is done to try to combat funding issues. However it has proved to be a very bad idea
In 2016, the worst riot in 25 years took place in HMP Birmingham, privately ran by g45
Private prisons will cut costs where possible to make more money. Then resulting in understaffing