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Criminology5,557Updated 13 Sept 202624 pages

Criminology Unit 4 Exam Prep Cards

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Understanding how laws are made and enforced is crucial for grasping how society maintains order and justice. This content covers everything from how Parliament creates laws to how the criminal justice system punishes offenders and protects the public.
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Government Law Making Process

Ever wondered how a random idea becomes an actual law that everyone must follow? The government law making process involves three key parts of Parliament working together to turn proposals into proper legislation.

Parliament has three main components: the House of Commons (650 elected MPs), the House of Lords (700+ appointed or hereditary members), and the Monarchy (currently King Charles III). Each plays a vital role in scrutinising and approving new laws.

The process starts with a Green Paper where new laws are proposed for public discussion, followed by a White Paper which creates a formal draft called a Bill. Then comes the really important bit - the Bill goes through multiple readings, debates, and committee stages where MPs can suggest changes.

Quick Tip: Remember the Dangerous Dogs Act (1991) as an example of what happens when laws are rushed through without proper scrutiny - it ended up blaming dog breeds rather than irresponsible owners!

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Judicial Law Making and Statutory Interpretation

Judges don't just apply laws - they actually help create them too! Judicial precedent means that past court decisions become the foundation for future cases, following the principle of "stare decisis" (let the decision stand).

When judges interpret statutes (written laws), they use different approaches. The literal rule means taking words at face value, whilst the mischief rule focuses on what Parliament actually intended the law to achieve. For example, in Corkery v Carpenter (1951), someone was convicted of being drunk in charge of a "carriage" even though they were on a bicycle!

Higher courts set binding precedents that lower courts must follow, creating consistency across the legal system. However, judges can distinguish cases if they're significantly different, or higher courts can overrule previous decisions entirely.

Exam Focus: The Golden Rule helps avoid absurd interpretations - like in R v Allen where "marrying" was interpreted as going through a marriage ceremony, not creating a legally valid marriage.

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Criminal Justice System Organisation

The Criminal Justice System is like a well-oiled machine with different agencies working together to investigate crimes, prosecute offenders, and carry out sentences. Each agency has specific roles but they all interconnect.

Key agencies include: Parliament and judges create laws, police investigate crimes and gather evidence, the Crown Prosecution Service (CPS) decides whether to prosecute cases, courts hear cases and pass sentences, and HM Prisons & Probation carry out those sentences.

The CPS handles around 500,000 cases annually, advising police on investigations and ensuring prosecutions meet the "full code test". Meanwhile, HM Courts & Tribunals start all cases in Magistrates' Court, with serious offences moving to Crown Court for jury trials.

Remember: All these agencies work together - police gather evidence, CPS decides on charges, courts make decisions, and prison/probation services carry out sentences.

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Agency Relationships and Cooperation

Think of the criminal justice system as a relay race - each agency passes the case to the next, but they also work together throughout the process. These agency relationships are essential for the system to function effectively.

The police work closely with the CPS, receiving advice on what evidence to gather and what charges to bring. They also transport offenders to court and protect vulnerable witnesses. Meanwhile, courts rely on police evidence and CPS prosecution cases to make fair decisions.

Government funding keeps everything running through taxpayer money. The Home Office works with police to identify priorities, whilst the Ministry of Justice funds courts, prisons, and probation services. Without this financial support, the entire system would collapse.

Key Point: When agencies don't communicate well, cases can fall apart - that's why these relationships are so crucial for delivering justice.

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Prison, Probation and Volunteer Support

The justice system doesn't end with a court sentence - HM Prisons & Probation services ensure sentences are properly carried out whilst trying to prevent reoffending. They're essentially the "follow-through" of the justice process.

Prisons don't just lock people up - they arrange court visits, video links, and work with probation to plan releases. The National Probation Service supervises offenders in the community, whether they're serving community sentences or released on licence from prison.

Volunteer organisations play a massive supporting role throughout the system. Groups like Victim Support help police assist victims, whilst prison volunteers run programmes like 'The Listener Scheme' to prevent suicide and self-harm among inmates.

Court Structure: Remember that all cases start in Magistrates' Court - they either stay there for minor offences or move to Crown Court (with judge and jury) for serious crimes.

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Crime Control vs Due Process Models

Imagine two completely different approaches to justice - one focused on catching criminals quickly, the other on protecting innocent people from wrongful conviction. Packer's 1968 models show these competing philosophies in action.

The Crime Control Model works like a "conveyor belt" - fast, efficient, focused on punishment and deterrence. It assumes guilt and trusts police to investigate properly. Right realists love this approach because it prioritises victims and uses deterrence to prevent crime.

The Due Process Model operates like an "obstacle course" - slow, thorough, protecting defendants' rights. It assumes innocence until proven guilty and questions police competence. Left realists favour this because it prevents oppression and wrongful convictions like Sally Clarke's case.

Real Impact: These models affect real policies - Crime Control supports stop and search powers, whilst Due Process ensures rights to legal representation and jury trials.

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Understanding Social Control

Social control is basically how society keeps everyone behaving properly - and it happens both inside your head and through external pressure from institutions. It's the invisible force that stops most of us from breaking the law.

External social control uses agencies like police, courts, and prisons to enforce behaviour through coercion - the threat of punishment. Fear of fines, imprisonment, or arrest acts as a deterrent that keeps most people law-abiding.

Internal social control comes from your moral conscience (what Freud called the "superego"), cultural values, and upbringing. Hirschi's Control Theory identifies four key bonds that prevent crime: attachment to others, commitment to positive goals, involvement in society, and belief in social norms.

Family Influence: Research by Riley & Shaw (1985) shows that parental presence and anti-crime attitudes significantly reduce children's likelihood of offending later in life.

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Internal Social Control and Socialisation

Your family basically programmes your moral compass during childhood, creating internal social control that lasts a lifetime. This early socialisation is arguably more powerful than any external punishment system.

Parenting style massively influences criminal behaviour - children who lack parental presence or grow up with pro-crime attitudes are far more likely to offend. Parents teach values that children internalise, creating an internal voice that guides behaviour even when no one's watching.

Hirschi's four social bonds (attachment, commitment, involvement, and beliefs) explain why most people don't commit crimes. When these bonds are strong, people have too much to lose by breaking the law. When they're weak, crime becomes more likely.

Gender Factor: Feminist criminologists like Heidensohn use control theory to explain why women offend less - patriarchal society creates stronger social controls over female behaviour.

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Aims of Punishment in Criminal Justice

When someone breaks the law, what should happen to them? The Criminal Justice Act 2003 identifies several competing aims that shape how we punish offenders, each with different priorities and outcomes.

Retribution seeks proportional punishment that reflects the seriousness of the crime - essentially "an eye for an eye". Right realists support this because offenders made rational choices and deserve consequences. Rehabilitation focuses on changing behaviour to prevent reoffending through programmes like anger management.

Deterrence works two ways: individual deterrence uses punishment to stop that person reoffending, whilst general deterrence shows society what happens if you break the law. Public protection simply removes dangerous people from society through imprisonment or monitoring.

Cost Reality: Rehabilitation costs more upfront but potentially saves money long-term by reducing reoffending, whilst imprisonment is expensive and doesn't always change behaviour.

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Forms of Punishment and Reparation

Prison sentences aren't one-size-fits-all - the courts use different types of imprisonment depending on the crime and circumstances. Understanding these differences helps explain how punishment aims are achieved in practice.

Life sentences are reserved for the most serious crimes, with release only when the Parole Board decides it's safe. Determinate sentences have fixed lengths but offenders might serve part in the community. Suspended sentences hang over offenders like a threat - break the conditions and you go straight to prison.

Reparation makes offenders fix the damage they've caused, whether through financial compensation or restorative justice meetings with victims. This approach helps offenders understand the impact of their actions whilst giving victims a voice in the process.

Social Message: Denunciation sends a clear message about society's moral boundaries - like how drink-driving campaigns have made this behaviour socially unacceptable, leading to harsher sentences.

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