Policing and Criminal Justice

Christopher Blake, Barrie Sheldon, Peter Williams

• Publisher: Learning Matters
• Year: 2010
• Print ISBN: 9781844453450
• eBook ISBN: 9781844456543
• Edition: 1
• Topic: Social Sciences
• Subtopic: Criminology
• Index: Social Sciences

This text provides an accessible and up-to-date introduction to criminal justice for all those undertaking degrees and foundation degrees in policing. It will also be relevant to degree courses in criminology and criminal justice. The book provides a holistic overview of the Criminal Justice System (CJS) and an exploration of the roles of key players within the system and how the police interact with these organisations. It examines some of the principles that underpin the ?modernisation? of the police, in particular how the police service collaborates with partner agencies and the rationale associated with the Change Agenda.

1 Criminal justice

CHAPTER OBJECTIVES

By the end of this chapter you should be able to:

• understand some of the models and theories related to criminal justice;
• understand how the Criminal Justice System (CJS) is managed and the role of government;
• describe the key players and their role within the CJS;
• consider and analyse a number of key issues related to the CJS.

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LINKS TO STANDARDS

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This chapter provides opportunities for links with the following Skills for Justice, National Occupational Standards (NOS) for Policing and Law Enforcement 2008.

AE1.1	Maintain and develop your own knowledge, skills and competence.
HA1	Manage your own resources.
HA2	Manage your own resources and professional development.

With the introduction of the Qualification and Credit Framework (QCF) it is likely that the term ‘National Occupational Standards’ will change. At the time of writing it is not clear what the new title will be, although it is known that some police organisations will use the term ‘QCF assessment units’.

Links to current NOS are provided at the start of each chapter; however it should be noted that these are currently subject to review and it is recommended that you visit the Skills for Justice website to check the currency of all the NOS provided: www.skillsforjustice-nosfinder.com.

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Introduction

Criminal Justice is a particularly complex process through which the state decides what particular forms of behaviour are to be considered unacceptable and then proceeds through a series of stages – arrest, charge, prosecution, trial sentence, appeal, punishment – in order to ‘bring the guilty to justice’.

(Muncie and Wilson, 2006, p ix)

Criminal justice is an issue for us all and, with the growth of crime during the latter stages of the twentieth century, it became a key issue for all political parties, who were faced with the challenge of effectively tackling the problems of crime and disorder responsible for public disquiet. Crime figures have risen dramatically since the end of the Second World War and a peak of nearly 20 million crimes per year within England and Wales was reported by the British Crime Survey in 1995.

Let us consider the concept of ‘criminal justice’ in simple terms. When a person commits a crime society will expect the state to do something about it and bring the offender to account so that justice can be seen to be done. Those convicted of crime should be suitably punished and steps taken to prevent further offending. The state also has a duty to protect innocent and vulnerable persons and to help victims of crime.

As you proceed through the book we will explore some of these issues in greater detail.

Overview

Chapter 2 outlines the structure and role of the courts and the part they play within the CJS. The courts are responsible for sentencing decisions and society has an expectation that justice is seen to be done within the courtroom.

Chapter 3 examines issues surrounding the arrest and detention of an individual and the safeguards that are currently in place to ensure that individual human rights are protected and that the processes used by agencies of the state are ethical and transparent.

Chapter 4 explores the prosecution process and the role of the Crown Prosecution Service (CPS), including the controversy of recent criminal justice innovations, such as Simple, Speedy, Summary Justice (SSSJ).

Chapter 5 explores the wide range of sentencing options that are now available to the courts and considers some of the challenges currently facing the CJS, such as overcrowded prisons and implementing effective community sentences.

Chapter 6 deals with the plight of victims within the CJS and more particularly the impact of legislation since 1997, which was intended to place victims at the heart of the CJS. We will briefly discuss the emergence of ‘victimology’ as a science that examines the harm that victims suffer through illegal activities. We will also consider some models within victimology and criminal justice theory, and conclude by asking whether the notion of restorative justice and reparation have a place in the CJS.

Chapter 7 provides a historical perspective of the development of youth justice services, and explores contemporaneous approaches to youth justice. Young people feature heavily within the CJS as both victims and offenders and will form an integral part of any criminal justice strategy.

Chapter 8 outlines the implications of the Crime and Disorder Act 1998, which provided a statutory requirement for local councils and the police to jointly carry out crime audits and prepare community safety strategies in conjunction with the Probation Service and Health Authorities. This has had a profound effect on the CJS and has moved the focus away from perceptions that the police alone are responsible for crime and disorder problems.

Chapter 9 explains some criminological theories with explanations that have shaped both local and international contemporary criminal justice policies.

Chapter 10 provides a summary of the book content and also considers some future directions within the CJS. The growth of terrorism, the worldwide recession, miscarriages of justice and changes of government are just some examples of events that could have an impact on criminal justice and those agencies, such as the police, who have a key role to play within the CJS.

Within this chapter we shall provide a brief historical perspective of criminal justice and consider a number of paradigms (models) together with associated theories. Further, we shall explore recent government criminal justice interventions and discover how the Labour Party has transformed the CJS following their election in 1997.

REFLECTIVE TASK

What would you consider to be the objectives of a Criminal Justice System? Write down your thoughts, outlining how an offender, victim or member of the public might expect criminal justice to be approached.

In any society there will be a diversity of views, ranging from a harsh punitive regime to a more liberal rehabilitative approach. The government is challenged to reflect the views of the general populace with expectations to reduce crime and disorder, deliver safer communities and provide security. Those persons who are brought into the realms of the CJS expect to be treated fairly.

When an individual is charged by the state, what approach should be adopted when dealing with the crime committed? Table 1.1 provides examples of some of the approaches that can be adopted.

Table 1.1 Various approaches to dealing with crime

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Retribution	Punishment that is seen as vengeance or just deserts.
Incapacitation	Sending offenders to jail or detention centre.
Deterrence	Punishment that deters others from committing crime.
Rehabilitation	Preventing reoffending, providing treatment and reintegrating offenders into public life.
Reparation	Making good the harm done, e.g. compensation, repair, restorative justice.

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Within the UK and other Western societies it is rare to find a purely retributivist or rehabilitative approach by government. The UK government has tended to adopt a blend of approaches to criminal justice rather than developing a pure doctrine (Cavadino et al., 1999, p11).

REFLECTIVE TASK

Consider the responsibility of government today and the problems it is facing regarding crime and disorder.

• What would you consider to be an effective criminal justice policy?
• Put yourself in the shoes of an offender, victim and member of the public – what would be your expectations of the CJS and could government meet your expectations?
• Where are the problems and how does the government meet the needs and expectations of the majority?
• If you were to develop a strategy (plan) to shape and reform the CJS, what would you need to know? Write down a list of some of your early thoughts and expand/develop these thoughts as you progress through the chapters.

Historical perspectives

Since time immemorial communities have faced problems of crime and deviancy. To maintain social control community leaders or those persons who have been given certain powers by the state have been required to deal with those deemed to have committed crime.

Having conquered Britain, the Romans imposed their own harsh laws and cruel punishments, such as crucifixion and torture. By 603 the Romans had been replaced by the i...

Table of contents

• Cover
• Title
• Copyright
• Contents
• 1 Criminal justice
• 2 Courts of Justice
• 3 Arrest and detention
• 4 The prosecution process
• 5 Crime and punishment
• 6 Victims and the Criminal Justice System
• 7 Youth justice
• 8 Multi-agency approach
• 9 Criminological perspectives
• 10 Future directions
• Index