With the use of at least five examples from the media, discuss the extent to which the criminal justice system is underpinned by prevention and retribution.

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With the use of at least five examples from the media, discuss the extent to which the criminal justice system is underpinned by prevention and retribution.

        The criminal justice system is said by the Home Office to be a system which “works with individuals and communities to build a safe, just and tolerant society enhancing opportunities for all and in which rights and responsibilities go hand in hand, and the protection and security of the public are maintained and enhanced.” It comprises a series of stages and decisions, from the initial investigation of crime to the post-sentence decisions, to help catch and punish criminals. The criminal justice systems aim was not always to punish criminals as it is now. In the 18th century Beccaria questioned the brutal system of punishment that was in place, this was primarily torture and execution. The poor were largely victims of this punishment which was controlled by the rich, powerful landowners (Feudal Justice System). He called for the focus to be taken off the individual and placed on the criminal act itself in order to treat everyone indiscriminately. Newburn (2007:33) said “As with every other area of criminal justice, the courts system underwent radical overhaul from the late 18th century onward.” Many different approaches were tried in the time following this change in the late 18th century to mid 19th century. However prevention and retribution were brought back to be the main approach of the criminal justice system in the 1980’s in answer to the failings of the reform theory in the decades before.

        In the 18th century the classical school of criminology developed by Beccaria purposed the reform of the penal system. It suggested that crime be defined by the legal code and that crimes were committed out of free-will and rational choice. The classical theory then decided that the way to change this behaviour was to introduce a fear of punishment as a deterrent and that the punishment fits the crime. This mirrored the utilitarian perspective. This was a future-thinking perspective in that it punishes the criminal accordingly in the present to prevent crimes in the future. Bentham paralleled Beccaria’s ideas and claimed that all punishment is pain and should therefore be avoided. (Ashworth: 2005) This was unless the punishment could have more benefits that would outweigh the pain inflicted on the offender.

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        Prevention of crime comes in 3 stages. The first is primary which is neighbourhood watch etc. Then secondary which is deterrence, target hardening etc and the third is tertiary, this includes incapacitation. These all fall into the 2 models of crime prevention which are the social model and the situational model. The social model reduces the motivation to offend or re-offend whereas the situational model reduces the opportunities for crime to occur. The media has produced many stories with regard to the situational model. For example the BBC news ran a story in Feb 04 on ...

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