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Disadvantages of Crime Prevention through Environmental Design
Disadvantages of Crime Prevention through Environmental Design
The role of the court system
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The official crime statistic recorded by the Home Office estimate 5.4 million crimes in Britain in 2006/7. However, 11.3 million crimes in 2006/7 was estimated by the British Crime Survey (Home Office, 2007) this therefore raises the question: why official statistics fail to provide an accurate measures. Crime is an act committed by an individual which can be a part of an offence and is punishable by law. Laws contain sanctions, that are penalties or other means of enforcement, that are used to make sure laws are not disobeyed (Joyce, 2009). If a law is broken, it is the Criminal Justice System’s duty to deliver justice for all and this is done by declaring the guilty of a criminal offence, punishing the guilty and helping them to stop reoffending …show more content…
In spite of the victim reporting the crime to the police, the police may decide not to record the offence this may be because they believe the crime is too minor to be recorded, the victim may not be willing to provide evidence in court or because the police are obliged to give Home Office only notifiable offences, meaning crimes that can be tried by jury, many crimes such as motoring offences are not notifiable, therefore cannot be recorded onto the official statistics. The practice of cuffing also causes a crime not to be recorded. The practice known as cuffing is when a police officer deliberately, decided to not record a crime in order to avoid time-consuming procedure of filling out a crime report for minor incidents. Ultimately, the final reason for a crime not to be recorded is because not all offences are investigated by the police, for example crimes such as fraud, can be invested by the Department of Work and Pensions Fraud Investigation Service or Her Majesty’s Revenue and Customs, some crimes including fraud do not enter the official crime statistics. (Joyce, …show more content…
Offences that are asked to be taken into consideration by a court is also classified as a sanction detection. If a person convicted for an offence admits the crime and asks for similar cases to be taken into consideration by the court where there are information that validates the offender to that crime. If a detection is classified as a sanction detection the Crown Prosecution Service (CPS) may not take forward proceedings or the offender may not be found guilty or given a lighter sentence (Taylor and Elkin, 2013)
When there is sufficient evidence to charge a person for an offence and no further action has been taken against the offender but has been counted as cleared up, non-sanction detection is raised. From April 2007, there are now only two ways non-sanction detection can be claimed, if the offender dies before proceedings could be completed and if the CPS rule not to prosecute (Taylor and Elkin,
Weatherburn, D. (2011) ‘Uses and abuses of crime statistics’, Contemporary Issues in Crime and Justice, 153: 1-16
In this essay, I will be examining how the court system can fail to deliver justice for particular cases and people’s circumstances, as well as looking at alternatives to court, like circle sentencing, restorative sentencing and alternatives for children to the formal court system, as outlined in the Young Offenders Act 1997 (NSW). Crime is defined in the Oxford Dictionary as an action or omission which constitutes an offence and is punishable by law. On the other side of this is justice; the quality of being fair and reasonable.
Nicholas, S., Walker, A. & Kershaw, C. (2007). Crime in England and Wales 2006/2007. Home Office Statistical Bulletin, Development And Statistics Directorate..
Punishment occurs to individuals who break the law. It is also used to maintain the level of crime and to protect community members in Australia. To determine that society is content with maintaining the crime rate, this essay will discuss punishment types given to offenders and how society justifies the use punishment. Additionally, providing a brief overview of the community correction and prions rates to show that communities prefer to incarcerate lawbreakers. Highlighting that crime rates are being maintained by looking at the personal crime rate for assault before concluding that Australian society feel safe enough to allow the criminal justice system to sustain the crime rate.
Muncie J, Talbot D and Walters R, (2010) ‘interrogating crime’ Crime: Local and Global, William Publishing, (Devon). The Open University. pp. 16 – 17.
The police records crime reported by the public in 43 police force areas and provides these data to the Home Office and for their Basic Command Units. These data provide a wealth of statistical information on recorded crime rates and possibly identify long-term trends in recorded crime rates. Due to such data collecting process, how crime being reported by the victims or witnesses and recorded by the police may affect the accuracy of such official statistics. Thus, however, the main drawbacks of this kind of statistics are excluding crimes that are not discovered, reported or recorded. Firstly, some criminal activities are not witnessed or discovered then not recorded officially by the police. According to Croall (1998), a crime being counted officially should be perceived and recognised by a member of the public, a victim or law enforcement officers. For example, white –collar crimes such as fraud or misuse of expense accounts may not be discovered easily. Therefore, crimes that are not be seen may be uncounted in the official crime
The 2002 crime figures for England and Wales comprised of two separate reports, brought together for the first time: (i) Crime statistics recorded by constabularies and (ii) The British Crime Survey (BCS), based on 33,000 interviews. The BCS is regarded as a more reliable measure of actual levels of crime because it includes experiences of crime that go unreported. The British crime survey of 2002 revealed:
As some criminologists have debated, the methods and approaches to crime control have failed miserably. They are of the opinion that the criminal justice system fails in achieving its aims in rehabilitating criminal offenders. For example, a report made in the U.K claimed that 58 per cent of the prisoners released in 1997 were convicted of another crime (SEU, 2000). Some argue that it seems for the criminal justice system there is only one answer to crime control, a prison sentence. Nevertheless, some question how accurate this method is for some crimes in society. That is to say, that for certain crimes, taking the consumption of marijuana as an example, a prison sentence is not the solution, rehabilitating individuals should be the main priority and in certain cases if not the only
Conscious efforts to critique existing approaches to questions of crime and justice, demystify concepts and issues that are laden with political and ideological baggage, situate debates about crime control within a socio-historical context, and facilitate the imagination and exploration of alternative ways of thinking and acting in relation to crime and justice. (p. 3).
In 2009, that number had declined to 71.9% (Sentencing Statistics, 2009). A probable cause for the increase in prison population and decline of the amount of fines issued could be the government’s increased strictness. Since the late ‘90s it has been their aim to be “tougher on crime, and tougher on the causes of crime”. Ever since, and particularly since the events of 9/11 and events such as the bombing of the London Underground in 2005, the British government has become increasingly punitive (Cavadino & Dignan,
There are different principles that makeup the crime control model. For example, guilt implied, legal controls minimal, system designed to aid police, and Crime fighting is key. However one fundamental principle that has been noted is that ‘the repression of criminal conduct is by far the most important function to be performed by the criminal processes’. (Packer, 1998, p. 4). This is very important, because it gives individuals a sense of safety. Without this claim the public trust within the criminal justice process would be very little. The general belief of the public is that those that are seen as a threat to society, as well as those that fails to conform to society norms and values should be separated from the rest of society, from individuals who choose to participate fully in society. Consequently, the crime control model pro...
For a crime to be registered and recorded in the system, a three step process must take place. Firstly, a person must know that a crime has been committed. This means that any given individual who commits a crime must be aware, or must have been witnessed by a member of the community while committing the crime (Coleman, & Moynihan, 1996) Secondly,the appropriate authorities must be informed either by the person who committed it or an individual who has observed the crime being committed. Although it ishighly unlikely that the offender will report the crime that he/she has committed. And finally, the authorities that have been reported to must also acknowledge and agree that a criminal offense has taken place and has a law has been broken in the act.If one of the three is not followed up, then the crime goes unrecognized. However, if other individuals of ...
Without accepting confessions as legitimate form of evidence to be used in the court of law, the justice system would be in complete disarray what with most suspects making confessions to the police, also having a high likelihood of going on to be convicted. Confessional evidence is of great importance seeing as it is one of the exceptions to the hearsay rule. Although it is of high regard in evidential law, it would be naïve to say that the law on confessions is down to perfection, especially with such high-profile cases such as the Guildford four or Birmingham six which brought to the surface the potential possibility of fabrication by police and perversion of the use of confessional evidence to bring about a certain result in a case. While known as the most powerful form of evidence to be adduced, it is also known as the “best and worst form of evidence” to deal with. Whether the implementations of the Police and Criminal Evidence Act has succeeded to remedy the dilemmas in respect to confession is up for discussion.
Punishing the unlawful, undesirable and deviant members of society is an aspect of criminal justice that has experienced a variety of transformations throughout history. Although the concept of retribution has remained a constant (the idea that the law breaker must somehow pay his/her debt to society), the methods used to enforce and achieve that retribution has changed a great deal. The growth and development of society, along with an underlying, perpetual fear of crime, are heavily linked to the use of vastly different forms of punishment that have ranged from public executions, forced labor, penal welfare and popular punitivism over the course of only a few hundred years. Crime constructs us as a society whilst society, simultaneously determines what is criminal. Since society is always changing, how we see crime and criminal behavior is changing, thus the way in which we punish those criminal behaviors changes.
Young (2001) suggests official crime statistics, victim surveys, self-report surveys and other agencies as the four main ways to measure the crime in society. The Review of Crime Statistics for England and Wales (Home Office, 2000) noted two recognizable models of police recording practice: a prima facie model which faithfully records as crime the details of allegations made by the public and an evidential model which subjects complaints to some investigate selection prior to recording (Burrows et al., 2000). As a result, it is possible that many offences do not appear in the crime statistics as they may not be classified as an incident with respect to the models. Pollak (1950) highlights that females actually commit as many crimes as their male counterparts, but crimes committed by women went largely under-reported or hidden. For that reason, unreported crimes should be taken into consideration as these dark figures of crime are not included in the official crime count.