Flashcards
Advanced Higher Modern Studies - Notes for Essays
Cards in this deck (42)
- 1Needs of offender - met by SPS/UK PS?- Context - offenders should be considered separately in order to assess their vulnerability - women, men, young, EMs or sex offenders.
- Arguably - maim groups - women, young, sex offenders.
- Aim of prison service - ensure protection of society, punish offenders, act as a deterrent and eventually rehabilitate prisoners.
- There are issues with reoffending, whereby prisoners who are released go on to commit another crime.
- Warehousing - another key issue - people imprisoned and nothing productive is done with them.
- Sig debate surrounding whether or not needs of all offenders are met by SPS as all offenders have different needs. - 2Needs of offender - met by SPS/UK PS?Women
- Make up small part of prison population - total of 290 sentenced female prisoners in SPS - reps only around 4% of total population.
- Most women who enter prison are parents of children under 16 and have poor employment/ educational histories.
- Angela Devin, author/voice for prisoner's rights, argues as soon as women enter prison for 1st time they are almost "invisible" because they simply enter a system which caters for the needs of men, not themselves. Eff insight - fem off much more likely to be vulnerable bc many are in jail for 1st time or will have committed very petty crimes compared to male offenders. - 3Needs of offender - met by SPS/UK PS?- SPS - attempted to meet needs of fem off by ensuring a spread of female units across country as well as having designated female prison.
- Eg, Inverness Prison, new unit opened in 2011 created with aim of rehabilitating offenders close to home before release.
- Arguably met needs of offenders - no prisoners who had been through unit had returned to prison.
- A prisoner from this unit complements this info as they said the unit allowed her to be near family members.
- Clearly meets SPS aim of caring with humanity as fem offenders have opp to be near support network which could limit likelihood of reoffending. - 4Needs of offender - met by SPS/UK PS?- However, unit is limited because it can only take 6 women at a time so many vulnerable women will miss out on such a rehabilitative programme.
- Angiolini Commission - also sets out info finding that most fem off have drug/alcohol/ mental health problems and prison is actually an unsuitable place for them to be sent.
- Scottish gov has recently set out a new approach which focuses on community facilities, like the Inverness Unit, to treat underlying causes of offending, like substance abuse.
- New approach effectively meets SPS aims of punishing offs and protecting public in far more rehabilitative manner and more emphasis on underlying causes of women committing crime. - 5Needs of offender - met by SPS/UK PS?Sex offenders
- Maj of offs are men, few women.
- Sex off no longer housed in single centre in Peterhead, instead new rehab programme "Good Lives" was introduced.
- Idea of prog to try and change ways of offenders and reintegrate into society.
- Adopts more individualised approach with sex offenders and teaches app skills to raise self-esteem and form relationships.
- New approach effectively meets SPS aims of punishing offs and protecting public in far more rehab manner and more emphasis on underlying causes of women committing crime. - 6Needs of offender - met by SPS/UK PS?- Aims to reduce risk of reoffending and meet Scot Gov outcomes of public protection, reduction of custody and social inclusion of prisoners.
- Can be seen to have met needs of sex offenders - Scot stats - Sex offenders amongst lowest rates of returning to custody after 2 years - 25% of offenders reconvicted of an offence compared to 47% of violent offenders. - 7Needs of offender - met by SPS/UK PS?- But, sex offenders are still at risk of reoffending upon release according to Adrianna Irvine, psychotherapist who has worked extensively in prisons.
- She argues programme would be more effective if it focused on what went went wrong with an offender in the first place so clearly provisions aren't meeting offenders needs in this case.
- She also believes there is no guarantee this programme can continue to be a success in meeting needs of sex offenders as time, resources and financing all have to be consistent for eff rehab. - 8Needs of offender - met by SPS/UK PS?- SPS also hands over responsibility to other agencies to ensure successful management of sex off under multi-agency public protection (MAPPA).
- Viewed by some policing figures that MAPPA is eff because it provides stable accom and eff form of monitoring to minimise risks of reoffending in future.
- Eg, Robert Greens, released sex off, was under provision of Midlothian Council.
- Argued to increase public protection because the location of RG is known to authorities.
- Programme complements findings of Cosgrove Report - states community should be at the core of efforts to combat sex offending as such a prog introduced a sex offender to idea of living back in a functioning community.
- However, MAPPA seen as ineffective because number of offenders have had to move from community due to their past. Ref back to Robert Greens, locals outraged at fact an offender was in their community - limited opp for him to rehabilitate. - 9Needs of offender - met by SPS/UK PS?Young Offenders
- No longer viewed as young adults, but people in process of development.
- Young off now viewed as product of bad upbringing with a lack of parental supervision of with poor education. Many come from families with serious conflict.
- SPS realises today's offenders have been subjected to more than older offenders.
- Recent report highlights how needs of YOs is being met with number of imprisoned in Scotland being halved since 2007.
- THis approach allow focus to shift away from warehousing young people in jail, instead allowing YO's opportunity to dev without crim record. - 10Needs of offender - met by SPS/UK PS?However, Polmont YOI has been criticised. A study contained on a news item found that some offenders found Polmont as an easier way out than serving community punishments.
- One offender also described institution as a holiday camp - proves rehabilitation has been ineff as key SPS aims not being met.
- UK - Approx 7000 incidents occur yearly where young people harm themselves - seem as issue in nearly every institute.
- Bullying an issue - some subjected to culture where officers allow some prisoners to intimidate others. - 11Needs of offender - met by SPS/UK PS?- International element - Danli Prison, Honduras. 700 prisoners in 280.
- Needs of offenders met? In terms of living conditions, needs are not met because not all prisoners have beds and have to be purchased by prisoners.
- Needs also aren't met as prisoners effectively run the prison and this creates a hierarchy of prisoners, so some prisoners may not be punished as they should be.
- However, prisoners have opp to run their own businesses within the prison so this can be seen to rehabilitate prisoners effectively as they learn skills which can b used upon release from prison.
- Conclusion - 12Alternatives to PrisonIntroduction
- An alternative to prison is any kind of punishment or treatment other than time in prison or jail that can be given to a person who is convicted of committing a crime. Alternatives can take the form of community sentences, fines etc. The extent to which these are successful is debatable and can be compared with each other, and the concept of prison, in order to assess their effectiveness. - 13Alternatives to Prison - Prison n- The UK penal systems have clear aims, including ensuring an offender is punished and that an offender is rehabilitated by their experience in prison.
- When examining the effectiveness of prison, the idea of punishment ought to be considered and the benefits it brings to society.
- It must be noted that imprisonment is viewed as one of the most severe punishments, which society can impose on an individual as it removes an offender from society, thus preventing further crime during their period imprisoned.
- Durkhein - effectively complements this view, by stating that the punishment aspect within prison should be one of the foremost when dealing with crimes as it sends out a message that the offender's actions were wrong.
- Punishment in prisons can be argued to be effective because offenders lose their liberty, freedom to choose how they spend their day and contact with their friends and family outside. Stats highlight how nearly 1/3 of offenders lose their homes, 2/3 lose their job and 2/5 even lose some of their family. - 14Alternatives to Prison - Prison- However, some people feel prisons are too lenient. Eg, Addiewell has gained a reputation for being a softer option by convicts, due to the fact there are en-suite bathrooms and flat-screen TVs. This has therefore led to claims that convicts deem this as a soft option with reports that some pretended to come from Lanarkshire so they would be transferred to Addiewell.
- As a result, although prison could be seen as an effective form of punishment due to the fact an offender loses their freedom when incarcerated, there are concerns about whether or not conditions within prison are too “cushy” and so this is debatable. - 15Alternatives to Prison - Prison- Another aim of the prison service is to rehabilitate and this can be seen as being opportunities for prisoners while in custody for things like education, skills development and training. In terms of the education on offer in Scottish public sector prisons, Carnegie and Motherwell colleges are the learning providers nationally which provide classes from basic literacy and numeracy to a much more advanced level.
- There is also the opportunity to undertake expressive arts courses, such as art, music and drama and these are intended to engage as many prisoners as possible in education and to improve their skills and confidence. For example, Addiewell Prison has a dedicated academy for flexible learning for their prisoners and this is to prepare them for employment outside of prison. - 16Alternatives to Prison - Prison- In 2012/13 there was a fall in reoffending, in terms of 21-25 year olds, standing at 28%. However, there has been concern regarding the rehabilitation on offer in prison.
- The cost of such rehabilitation schemes has been deemed as too expensive to operate in every prison as a recent Kilmarnock prison report highlighted that there were few out of cell activities and there was a lack of proper educational provision.
- This is because a person must be in prison for 6 months before qualifying for education, so prisoners serving shorter sentences do not receive the same rehabilitative programmes as those serving longer terms in prison.
- A Home Office report discusses rehabilitation on a broader scale by referring to the UK and it found that “nobody regards imprisonment in itself as an effective means of reform for most prisoners...it can be an expensive way of making bad people worse.” - 17Alternatives to Prison - Community Service- The Community Service Order is an alternative to custody which gives offenders the chance to make reparation for their offences through undertaking unpaid work for the benefit of the community.
- They key purposes of such an order are to ensure an individual addresses and changes the behaviours which contribute to their offending and improve the safety of their community.
- These orders are becoming increasingly more prevalent in Scotland’s justice system as in 2007/8 around 5,500 offender convicted were made to carry out a Community Service Order with orders averaging 145 hours, compared to just 142 hours 20 years previously. - 18Alternatives to Prison - Community Service- The extent to which this is an effective punishment is subject to debate. The scheme clearly is effective as it allows an offender the opportunity to potentially develop new skills which could increase their employability and they could even complete work in a community which otherwise would not have been done.
- This is exemplified through the Community Service Order in place the the UK penal system. In Kent there is a project in which offenders on community service renovate dilapidated buildings for charity groups and the Prison Reform Trust found that these allowed some offenders on this project to find meaningful employment.
- In addition to this, offenders who serve a community order instead of a custodial sentence are ⅓ less likely to re-offend, and 4 times less likely to end up in custody for a future offence, exemplifying how this is successful in limiting reoffending. - 19Alternatives to Prison - CommunityHowever, there has been concern about community service orders as a punishment and whether or not it is credible compared to imprisonment. The Scottish Conservative Party has been critical of the SNP’s stance on the belief that providing community service orders, rather than short term jail sentences, is a more effective punishment. John Lamont MSP argues that although the premise of a community service order is a vital part of the justice system, it is clear that there are concerns the punishment is not viewed as a tough alternative to prison. For example, an offender named Jamie McKenzie had failed to turn up 19 times for his community service order, and was then sentenced another 50 hours for the breach. This could be viewed as a soft touch because of the fact he had already had 98 convictions relating to 160 separate charges including assaults and thefts.
As a result, although the Community Service Order has faced criticism in Scotland by some political parties due to its perception by many as a “soft touch” on crime, statistics clearly demonstrate that these sentences are far m - 20Alternatives to Prison - Fines- Furthermore, another alternative to imprisonment which can be examined is fines. These are one of the most common criminal sentences in the UK and are given for less serious offences that do not warrant a community or prison sentence. They are used to punish an offender financially and are given for things like theft and driving and road offences.
- Fines can be seen as effective alternatives to prison because they are flexible and adaptable in order to meet the offence an offender has committed. As well as this, the state can benefit because they can be used to reimburse the cost of maintaining the cost of the criminal justice system. - 21Alternatives to Prison - Fines- However, fines are not as effective as they could be because they are easier for an offender to pay if they are rich. This can be seen as unfair on poorer people because it will be harder for them to gather sufficient money to pay a fine, and thus end up being more likely to be sanctioned for the non-payment of a fine than a wealthier person.
- An international comparison which can be made is between the UK system and Finland.
- This is because in Finland there is a system whereby offenders are fined a certain number of days’ wages instead of a fixed fine because a wealthy person could perhaps pay this off far more easily than someone who would struggle to pay the fine, so if this approach was adopted in the UK then the notion of a fine as punishment would appear to be more feasible. - 22Alternatives to Prison - Fines- Several judges from the UK have expressed concern that paying fines by installments can firstly, diminish the punitive nature of the fine and secondly, result in a too prolonged response to the original offence.
- Thus, although fines enable the state to garner income to help cover the costs of ensuring the criminal justice system is running smoothly, it is clear that it is not an effective alternative to prison because the fine system which has been adopted in the UK penalises poorer people rather than the wealthy. - 23Alternatives to Prison - Tagging- Moreover, another important alternative to prison to consider is tagging. This is a scheme which allows certain offenders to be released from prison early with an electronically monitored curfew. It must be noted that not all prisoners are eligible for this scheme and that certain offences rule out the prospect of release under this scheme.
- If an offender leaves their house during the curfew hours set by the electronically monitored tag, then the breach will be investigated.
- The effectiveness of tagging is questionable. Tagging can be seen as being advantageous and an effective alternative to prison because tagging costs approximately £40 a day, whereas in comparison custodial sentencing is approximately £165 per day.
- This means the state can administer a far more cost effective solution in order to combat crime. Security expert Professor Alan Woodward from the University of Surrey complements this view, when he says "The system is really cost-effective. - 24Alternatives to Prison - Tagging- On the other hand, the organisation NAPO carried out a study which found that there were often problems with the electronic tags themselves, as they reportedly stopped working if offenders went in metal baths or simply lived in remote areas.
- This proves tagging could be ineffective as if they fail to work properly, an offender in effect is not being punished properly and the tag is not fulfilling its purpose.
- In addition, there is also concern about the cost of tagging. The system now costs £100m a year to run, 10 per cent of the total probation budget, but a HMIP study said it was “a matter of judgment” whether or not it represents value for money.
- These statistics can be viewed as worrying because tagging is often promoted by the government as a cheaper way of punishing an offender than imprisonment, but clearly these figures suggest it is an expensive punishment to administer and does not really save the state as much money as suggested. - 25Theories of Crime Essay - what best explains crime?Context
- As well as sociological theories, there are various other theories relating to criminal behaviour, such as physiological and psychological theories.
- Sociological theories, focusing on functionalism and interactionism, are explored by Merton and Cohen, one of whom finds that the structure of society itself is to blame for deviance.
- However, theorists such as Lombroso argue physiological theories are more prevalent due to belief that all delinquents born as criminals.
- Theorists such as Bowlby and Ainsworth argue psychological theories more prevalent due to belief that maternal attachment and security is more important in development of deviant behaviour. - 26Theories of Crime Essay - what best explains crime?Sociological theories
- These focus on impact of nurture, contrasting physiological, which focuses on impact of nature.
- Nurture primarily refers to upbringing, namely factors shaping individual from day they are born.
-A parent’s role is utterly vital as they must ensure that their children are fed, protected and provided with clear guidance - to name but a few things they are responsible for. It is alleged that poor parenting is one of the main causes of criminality in today’s society. - 27Ditto- An important sociological theory to consider is Bowlby’s attachment theory. Bowlby argues that deviance is not inherited, but is developed by a child’s early socialisation. For example, he links disruption in the bond between a mother and a child in the first two years with delinquent behaviour, finding that criminal activity is utilised in substitute for love and affection not received.
- This is clearly a modern day example of explaining crime and deviance. David Cameron complements the argument of Bowlby, when he stated after the London riots that children without father role models were to blame for the deviant behaviour undertaken.
- Although this may be contended, the Prison Reform Trust presents figures to back up David Cameron’s statement, finding that 76% of children in prison had an absent father. - 28Ditto- However, there is such an argument presented too by that even if an individual has been raised in a positive environment, there is a chance that the individual may participate in crime too
- Warr argues that the role of peers plays a more vital role than family upbringing because most offenders are embedded into a network of friends and peer influence plays a more significant role in promoting deviant behaviour.
- Although this must be considered, there are examples of riots in Sweden in 2013 where it was argued poor parenting was a cause; criminologist Jerzy Sarnecki stated that the disturbances had been down to rioters expressing a dissatisfaction with unemployment levels and education, drawing parallels with the London riots in 2011. - 29Ditto- As well as this, Robert Merton’s theory must also be considered. Merton believed that deviance was as a result from society’s structure. For example, his strain theory found that in the USA people seek to achieve the American Dream, and that due to differing circumstances people have to adapt to the situation in differing ways in an effort to achieve it.
- It has been contended by Merton that those at the bottom of the class system appear to “innovate” by committing crimes in order to achieve the goal of the American Dream, however those of a higher class are more likely to conform and achieve the American Dream through education and hard work.
- This is clearly significant in showing the significance of sociological theories in crime because of the fact Merton’s work has become one of the most standard structural explanations for working class crime today.
- However, Durkheim raises the issue as to how credible Merton’s theory would be if it were not for the profound existence and effect of the American Dream, or indeed if the Dream had portrayed other values. - 30DittoTherefore, although sociological theories may be viewed as ineffective in explaining criminal behaviour due to the concerns surrounding Merton’s theory and the American Dream, it is clear that the attachment theory presented by Bowlby highlights the effect sociological influences can have on the development of a child, and can be seen to explain criminal behaviour later on in life for many children who have suffered from poor parenting.
- 31DittoTherefore, although sociological theories may be viewed as ineffective in explaining criminal behaviour due to the concerns surrounding Merton’s theory and the American Dream, it is clear that the attachment theory presented by Bowlby highlights the effect sociological influences can have on the development of a child, and can be seen to explain criminal behaviour later on in life for many children who have suffered from poor parenting.
- 32DittoHowever, there are other theories which are deemed to explain criminal behaviour, such as physiological theories. These theories focus on the suggest that some children will be born as criminals and inevitably go on to break the law. Lombroso’s theory , using a scientific approach and concepts drawn from psychiatry, argued that criminality was inherited and that the born criminal could be identified by physical defects, which confirmed a criminal as savage. This meant he believed you could identify a criminal, for example, due to the size of their nose. While his particular identifying characteristics are no longer considered valid by a number of other theorists, the idea of factors that predispose certain individuals to commit crimes continues to be foundational to work in criminology.
- 33DittoLikewise, William Sheldon associated body types with human temperament types in the 1940s. Grouping them under endomorphs, ectomorphs and mesomorphs, he claimed that delinquents were more likely to be mesomorphs, making them strong and muscular. He found when characterising criminals that violent crimes are more likely to be carried out by strong men, therefore rooting criminality in biology. However the trap beyond this is to assume that all mesomorphs are criminal in nature.
- 34DittoAlternatively, recent research has found that although physical characteristics may not be relied upon today when looking at the reasons for explaining criminality, those dealing with specific genes that cause deviant behaviour are more reliable. Adrian Raine’s research shows that the criminal brain has distinctive features. He scanned the prefrontal cortex, the part of the brain that is key to self-control, in murderers and found that there was reduced activity in the relevant area of the brain when given a task to focus on. His conclusion is that they were predisposed to violence by their lackadaisical prefrontal parts.
- 35DittoAs well as this, one long term study which Raine participated in followed 1,795 children born in two towns from ages 3 to 23. The study measured many aspects of these individuals' growth and development, and found that 137 became criminal offenders. In this case, the researchers found a distinct lack of fear conditioning in the 3-year-olds who would later become criminals. This information clearly complements the argument put forward that physiological theories of crime are useful in explaining criminal behaviour.
- 36DittoWhile much of this physiological work has now been discredited, recent advances in the field of genetics show that genes are significant in criminal behaviour, with scientists identifying genes that impact upon antisocial behaviour, aggression and social orientation. For example, in 2013 German neurologist, Dr Gerhard Roth, identified a so-called evil patch in the brain’s central lobe; his research led him to believe that some criminals have a genetic predisposition to violence.
It is clear that physiological theories of crime could be deemed as more useful than sociological theories due to the significant amount of scientific research pointing in favour of it.
However, Dustin Pardini of the University of Pittsburgh does not agree with Raine’s research. He found that four out of five children who are delinquents as children do not continue to offend during adulthood. Clearly then, whilst Raine’s research deserves some merit, it is important to consider other forms of research which clearly contrast the idea that physiological theories best explain criminal behaviour. - 37DittoFurthermore, another important factor to consider is psychological theories. These theories of crime focus on the influence of individuals’ experiences or their emotional adjustment, as well as on their personality traits and types. An example of a psychological theory is that of John Bowlby and Mary Ainsworth who examined the attachment theory. Although this has been utilised to explain the sociological theory, it is relevant psychologically as well. Both Bowlby and Ainsworth argue that deviant behaviour is more prominent in children who have suffered maternal deprivation in infancy. The theory suggests that there is a critical period for developing an attachment, namely from 0-5 years, and if an attachment is not developed, the child will ultimately suffer developmental issues, perhaps including increased aggression.
- 38DittoIn discussing the attachment theory, reference is often made to research regarding the effects of separation on mother and infant monkeys and Bowlby cited this research to claim that “show plainly not only that the attachment behaviour of young non-human primates is very similar to the attachment behaviour of young children but that their responses to separation are very similar also.” As a result, this is very telling information regarding psychological theories as it emphasises how upbringing plays a major role in a child’s development.
Iain Duncan Smith complements their findings as he stated that the collapse of marriage has brought about soaring crime rates, with children from split families being nine times more likely to engage in criminal behaviour. This evidently furthers the arguments of Bowlby and Ainsworth even further. - 39DittoAnother psychological perspective to consider is Eysenck’s theory of crime and personality. This theory links personality to criminality and has two dimensions: the first dimension is psychoticism, where individuals considered to have high levels are associated with aggression, egocentricity and impulsivity. The second dimension, extroversion, is associated with the traits of being sociable, lively and dominant. Introverts are typically the opposite of these traits. Finally, the last dimension is instability, which links to traits like anxiety and depression. Eysenck believed that these dimensions are largely influence by genetics and by the socialisation process of an individual. Rushton and Christjohn’s research complements the findings of Eysenck greatly because they compared the dimensions outlined by Eysenck with self-reports of delinquency in school students. They found that those with higher levels of delinquency appeared to belong to each of the dimension groups. Therefore, these correlations are consistent with the prediction made by Eysenck.
- 40DittoHowever, Howitt argues that the broad sweep of the theory actually addresses few of the real concerns of forensic psychologists, who are more interested in questions about specific types of crime. He also makes the very valid point that the theory enlightens us about rapists and child abusers being extroverted, but it does not tell us why they rape or abuse children. This clearly is an issue because the theory therefore fails to give a full picture of criminal behaviour as the theory lacks information on why people commit certain crimes. There is also the issue that research has made heavy use of comparisons between convicted offenders and the general population. Such research inevitably excludes those who commit crimes and are not caught and convicted. Consequently, many of these studies may only be telling us about the personality characteristics of ‘unsuccessful’ offenders
As a result, although psychological theories like Eysenck’s are questioned significantly by other forms of research, Bowlby’s research is comp by IDS, and so this can be viewed as reliable. - 41DittoTo conclude, the extent to which criminal behaviour is best explained by sociological theories is debatable. Sociological theories, such as Merton’s theory concerning the American Dream, have been viewed as a valid explanation of criminal behaviour due to the focus on working class crime. However, there are other theories such physiological ones, where Lombroso argues criminals can be told by their physical defects. However, this theory has been criticised by scientific research, so it can be Lastly, psychological theories including Ainsworth’s attachment theory discuss the period for development of an attachment and this can be proven as a reliable method, but sociological theories explain it better. Thus, sociological theories are the best explanation for criminal behaviour, because there are relevant examples such as riots in Sweden which put the theory in action.
- 42Society?The statement “society creates its own criminals” can be evidenced by the
Police Scotland statistic that 86% of young people in police custody had been
excluded from school; this compared to just 2% of the broader population.
According to a study published by the Centre for Policy Studies, poor literacy
levels at entrance to secondary school fosters a culture of frustration and
resentment towards societal institutions. This is clearly explained in Cohen’s
theory of status frustration, where an individual does not have the education or
means to create the level of wealth they aspire to, and so turn to crime to fulfil
this aspiration. These criminals with low levels of education have been labelled
by many in the mainstream media as NEDs. According to Becker, once a label has
been applied to an individual or group within society, that label is granted
master status, therefore gaining employment becomes extremely difficult.
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