The Criminal Justice System

The purpose of this essay will be to define crime and deviance, explain the structure and

aims of the criminal justice system, and assess the effectiveness of its recent schemes.

Drawing on sociological theories as analytical and evaluative tools, seeks to examine the

racialised gendered experiences, sentencing strategies, the welfare punishment debate, and

their impact upon these specific groups in society. The essay will conclude, with an overall

evaluation of the merits and demerits of the criminal justice system.

The defining of deviance is problematic in that, there is a common mistake to render

deviance as purely criminal, meaning breaking the law and being punished by the legal

system. Although some acts of deviance would be breaking the law, for example speeding

however; stability for any society is based upon the adherence of social rules. Here is the

crux of the problem that deviance, and crime for that matter, is really by definition, the

breaking of ‘consensual’ rules that rely on labelling to find solutions (Longate and Coates

2001)

The processes of the Criminal Justice System known as the formal aspect of social control,

includes these departments headed by cabinet ministers in parliament. The Home Office,

Attorney General overseeing the Crown Prosecution service (CPS) and the Lord Chancellors

office, which is in control of the judiciary, are all branches of this system whose aims are the

punishment and prevention of potential, alleged or actual acts of crime (Dresden, 2012,).

The police service overseen by the Home Office measures the distribution of crime and

deviance, by comparing what they consider ‘biographies’ of known deviants against what is

considered ‘normal people’. These crime statistics are considered a useful resource, where

comparative studies are made between ethnicity, gender and age.

However, this type of reporting is considered biased for two reasons, firstly because what is

considered a crime and therefore recorded by the police is based on the desires and trends

of the Home Office and rely on stereotyping. Secondly this process will ignore what is

known as the ‘dark figure’, these are statistics collected by victim studies and self report

surveys that highlight the consequences as well as the cause of crime (Butler, 2010).

Some strides through recent schemes have been made to bring the police service more in

step with the 21st century, such as prisoner mentoring, community payback and the liaison

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and diversion schemes for the 43 police services within the regions of England and Wales.

Also the Police Crime Commissioners (PCC’s) was suggested by Carswell and Hannan in The

Plan 2008. They initially proposed sheriffs similar to those in the USA the Home Office

changed the role into what is now known as Police Crime Commissioners; the role is a policy

reform on the executive branch of the criminal justice system (Butler, 2010,).

Their aim is to provide the public with a voice as well as making the police service more

accountable, producing a more efficient, impartial local police service. However, while

there will be a power shift, PCC’s will have the power to hire and fire chief constables and

power will change from being an over centrally run police service, there is a danger of the

police becoming politicised by party politics regardless of the impartially oath that is taken

by elected candidates (Butler, 2010)

Furthermore the role of the courts and the police, is to enforce the consensus and as

already discussed, the type and focus will be biased. Therefore can there really be a

genuine consensus? For instance, the Ministry of Justice produced a report in 2010

approved by the U.K. Statistics Authority, which collated data on the proportion of

individuals, at different stages of the criminal justice system process by, ethnic group and

compared to the general population in England and Wales.

In 2009 the black community made up 2.7% of the entire population Asian and dual heritage

was 5.6% and 1.4% respectively. By 2010 the black male prison population was 13.7% Asian

7.1% and dual parentage was 3.5%, in contrast to this women only accounted for 24 % of all

cautions administrated and most crimes reported of females are considered non-violent in

comparison to men. This, some have suggested is due to a patriarchal biased that seeks to

support the male dominated status quo or since they are considered the weaker sex should

be dealt with more leniently (Britten, 2000).

Even though this disparity does not suggest discrimination and that there may be other

reasons for the disproportion, it does however, raise the question of marginalisation and

institutional discrimination which is;

The collective failure of an organisation to provide an appropriate and professional

service to people because of their colour, culture, or ethnic origin...behaviour which

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amount to discrimination through unwitting prejudice, ignorance, thoughtlessness

and racist stereotyping which disadvantage minority ethnic people. (McPherson

Report 2009)

The operative words are ‘collective’ and ‘organisation’. Collective would suggest that the

occupational policies of the institution, that is the criminal justice system, along with what

the report called ‘canteen culture’, which meant discussions in private, helped to form

stereotypes that were discriminatory. Evidence given by Chief Inspector Paul Wilson during

the Stephen Lawrence Inquiry 1999, gave some important insight into the ‘canteen culture’

he stated that;

We would say the occupational structure...given the fact that the majority of

police officers are white, tends to be the white experience, the white beliefs,

white values...that these predominately white officers only meet members of

the black community in confrontational situations, they tend to stereotype

black people in general. (Longate and Coates, 2001, p145)

What is central to conformity however, is ‘consensuses’ of the classifications on the types of

behaviour deemed acceptable or not. Also, what of the distribution of crime and deviance

throughout society, due to the poor re-distribution of wealth and the cycle of deprivation

(Taylor at el, 2000 and Longate and Coates 2001)

According to Merton 1930 in well developed societies the primary goal is to become

wealthy and to have all the images of success, they, this is the state, provide the legitimate

means to attain that wealth as an upstanding citizen who conforms. Behaviour is affected, in

that it will create a process generating hard work at school, college, university and within a

well paid job. However, minority groups whose success rate for attaining said goal, is

undermined by either their ownership power or life chances are significantly reduced

(Longate and Coates, 2001, Bauman, 1998, and Taylor, at el, 2011)

Where such an explanation of crime and deviance is associated with the cause of criminal

acts, minority groups are set at a disadvantage, for even though they wish to achieve the

goal and live middle and upper class lifestyles, they resort to criminal activity such as: drug

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trafficking, theft and handling stolen goods, robbery and burglary. These illegitimate means

are used to succeed in utilitarian or financial goals (Longate and Coates, 2001).

A example of this is during the 1970’s there emerged a stereotyping rhetoric that presented

the ‘black youth’ to the public, as muggers and street robbing criminals, where Afro-

Caribbean’s and Asians from the Indian sub-continent were given metonyms associated with

normlesness or anomie creating a criminal culture (Gilroy, 2002). Is it true to say that all

crime is related to the creation of wealth? What of joyriding, criminal damage, fighting and

vandalism.

Cohen 1955 and Cloward and Ohlin 1961 suggested that these ‘criminal’ subcultures and

their variations were rooted in the norms and values of class, which can be applied to

gender and/or ethnicity. Where crimes of violence or public destruction, are considered as

‘macho’ and that this is a factor because they are already marginalised and socially excluded

from society, experiencing ‘status frustration’ as a result of this exclusion where, many of

these male orientated groups stress toughness as an important element was involved in

their membership such as gang initiations (Taylor at el 2000).

Where their future based upon life chances involves low paid jobs as a result of poor

educational success, or no desire for it, contributing to this low status feeling that is

regained by membership into these subcultures (Longate and Coates, 2001, and Taylor at el

2000). An alternative view to the development of subcultures is one where those who have

a feeling of being relatively deprived, are actually rejecting the rejecters (Gilroy, 2000).

In conclusion, it is a fact that life without the criminal justice system and the social control it

seeks to maintain would be a time of total chaos for crime should and must be monitored,

therefore it is necessary, and it clearly has its faults when seeking solutions. That the very

classification of a criminal or deviant group is determined by those who are in power,

producing a framework, that by design, excludes not only many black male generations from

aspects of social success, but also many other minority groups from the feeling of having a

stake in society. Where self fulfilling prophesies by the acceptance of labelling across ethnic

groups and by members of institutions, and the lack of life chances and social mobility only

solidifies the distrust therefore, further widening this existing gap that no longer subsists

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that much among ethnic groups. The distrust remains towards the criminal justice system

and state institutions.

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References:

Bauman, Z. (1998) Globalisation The Human Consequences, England, Polity Press

Butler, E. (2010) The Alternative Manifesto, England, Gibson Square

Cocknell, R. (2012) Ethnic Minorities in Politics, Government and Public Life, England, House of Commons Library s

Dresden, E. (2012) The Structure of the Criminal Justice System, Translated by ehow contributor http://www.ehow.co.uk/facts_6792947_structure-criminal-justice-system.html pg 1

Equality and Human Rights Commission http://www.equalityhumanrights.com/news/2009/jan-may/new-commission-poll-shows-british-institutions-need-to-keep-up-with-obama-generation/ pg 1

Gilroy, P. (2002) There Ain’t no Black in the Union Jack, England, Routledge

Gilroy, P. (2000) Between Camps Nations, Cultures and the Allure of Race, England, Penguin Books

HMSO (1972) Select Committee on Race Relations and Immigration Police/Immigration Relations Vol 1)

Home Office (2012) http://www.homeoffice.gov.uk/police/police-crime-commissioners/public/what-is-pcc/ pg 1

Longate D. and Coates, G. (2001) GCSE Sociology: Social Life. England, Holder and Stoughton

McPherson, W. (2009) The McPherson Report-Ten Years On, England, House of Commons, The Statutory House Limited

Ministry of Justice (2010) Race and the Criminal Justice System http://www.justice.gov.uk/statistics/criminal-justice/race pg 1

Taylor, P., Richardson, J., Yeo, A., Marsh, I., Trobe, K. and Plinkington, A. (2011) Sociology in Focus, 7th edition, England, Causeway Press Limited

Taylor, S., Crompton, R., Burgess, R., Davie, G., Downes, D., Fenton, N., Helliwell, C., Hindess, B., Jackson, S., Maynard, M., Miles, R., Morgan, G., Parker, A., Pawson, R., Sklair, L., Small, S., Swingwood, A. (2000) Sociology Issues and Debates, 2nd edition, England:, Palgrave

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