Write a 3,000 word essay answering one of the following questions.
1. The move in penal policy in respect to ‘dangerous’ offenders is about managing risk to the public rather than rehabilitating offenders. In respect to this, critically discuss ‘preventive detention’, can it ever be right?
2. Explain the guiding principles of ‘specialist courts’ and the arguments for and against their introduction. Focus on a specialist court of your choosing such as drugs courts, domestic violence courts, mental health courts etc. and how the introduction of these courts is framed as preferable to traditional general courts. Critically discuss the sentence type these offenders receive within notions of punishment and the punishment philosophy that underpins their development?
3. The Conservative government in Britain is making moves towards restricting the powers of the European Court of Human Rights (ECHR). What does this court provide for European member states, why does Britain want to alter the current arrangement and what are the arguments against the Conservative government’s ambitions? Discuss critically.
4. The rate of conviction for child sexual abuse cases in the UK remains low compared to other EU countries, cases are very likely to be discontinued by the CPS and not reach court, many child victims do not report abuse . Why is the justice system failing children? Critically discuss with reference to research
References covering the assignment (please look at them first before you start writing)
Essential Reading
Hallsworth, S. and Lea, J. (2011) Reconstructing Leviathan: Emerging Contours of the Security State. Theoretical Criminology, 15, 2, 141-157.
Additional Reading
Ashworth, A. and Zedner, L. (2014) Preventive Justice. Oxford University Press. (chapter 1. Introduction and Coercive Preventive Measures)
Sanders, A., Young, R. and Burton, M. (2010) Criminal Justice (Third Edition). Oxford: Oxford University Press. (Chapter 1.) available on ‘Mylearning’
Mythen, G. and Walklate, S. (2012) Global Terrorism, Risk and the State, in S. Hall and S. Winlow (Eds.) New Directions in Criminological Theory. London: Routeledge.
Chakrabarti, S. (2014) On Liberty. Allen Lane.
Hudson, B. (2001) ‘Punishment, Rights and Difference: Defending Justice in the Risk Society’ in K.Stenson and R. Sullivan (Eds.) Crime, Risk and Justice. Cullompton: Willan.
General working of the criminal justice system
Ashworth, A and Redmayne, M. (2010) The Criminal Process. Oxford: Oxford University Press. (Chapter 1.)
Due Process and crime control
Garland, D. (2001) The Culture of Control: Crime and Social Order in Contemporary Society. Oxford University Press.
Lea, J. (2001) ‘Crime Control and Civil Liberties’ (on John Lea’s website) https://www.bunker8.pwp.blueyonder.co.uk
Supplementary Reading
Packer, H. (1968) The Limits of the Criminal Sanctio