How does society control us? » Agencies of formal social control - courts and penal system

What you'll learn this session

Study time: 30 minutes

The role of courts in formal social control
How the penal system functions as a control mechanism
Different types of courts and their jurisdictions
The purposes of punishment in society
Contemporary issues in the court and penal systems
How social factors influence court decisions and sentencing

Formal Social Control: Courts and the Penal System

While our families, schools and peers influence our behaviour through informal means, society also has official ways to make sure we follow rules. The courts and penal system are two major agencies that enforce formal social control through legal processes and punishment.

Key Definitions:

Formal social control: Official mechanisms used by society to ensure conformity to norms, values and laws.
Courts: Official institutions where legal disputes are resolved and law is applied.
Penal system: The network of institutions that administer punishments to those who break society's laws.
Criminal justice system: The collection of agencies including police, courts and prisons that process offenders.

&scales; The Court System

Courts are where society officially decides if someone has broken the rules. They're designed to be fair places where evidence is examined and decisions are made based on law rather than personal feelings.

&lock; The Penal System

Once courts decide someone has broken the law, the penal system takes over. This includes prisons, probation services and other institutions that carry out punishments and attempt to rehabilitate offenders.

The Court System: Society's Judge and Jury

Courts are hierarchical institutions where legal disputes are settled and criminal cases are tried. In the UK, different types of courts handle different kinds of cases.

&gavel; Magistrates' Courts

Handle 95% of criminal cases. Magistrates are usually unpaid volunteers from the local community who receive training. They deal with minor offences and can sentence up to 12 months imprisonment.

&gavel; Crown Courts

Deal with more serious criminal cases. Trials are heard by a judge and jury of 12 members of the public. They can impose unlimited fines and prison sentences, including life sentences.

&gavel; Supreme Court

The final court of appeal for all UK civil and criminal cases. It deals with cases of the greatest public importance affecting the whole population.

How Courts Control Society

Courts control society in several important ways:

Deterrence: The threat of court action and punishment discourages people from breaking laws.
Public judgement: Court cases are usually public, creating shame and stigma for those convicted.
Setting precedents: Court decisions establish how laws are interpreted, guiding future behaviour.
Reinforcing norms: By punishing those who break rules, courts reinforce what society considers acceptable.

Case Study Focus: Youth Courts

Youth courts in England and Wales handle cases for young people aged 10-17. They're less formal than adult courts, with specially trained magistrates who consider the welfare of young offenders. The court aims to prevent young people from reoffending and help them understand the impact of their actions. Parents or guardians must attend court with the young person, emphasising the role of family in social control.

The Penal System: Punishment and Rehabilitation

The penal system is how society punishes and attempts to reform those who break its rules. It includes prisons, young offender institutions, probation services and community sentences.

The Purposes of Punishment

The penal system serves several functions in controlling society:

! Retribution and Deterrence

Retribution: Society's way of getting payback for crimes committed. The idea that offenders should suffer consequences proportional to their crimes.

Deterrence: Punishment aims to discourage both the individual (specific deterrence) and others (general deterrence) from committing similar crimes in future.

♥ Protection and Rehabilitation

Protection: Keeping dangerous offenders away from society through incarceration to prevent further harm.

Rehabilitation: Attempting to reform offenders through education, skills training and counselling so they can rejoin society as law-abiding citizens.

Types of Punishment in the UK

Prison sentences: Confinement in a secure institution, ranging from a few days to life imprisonment.
Community sentences: Including unpaid work, curfews and rehabilitation activities.
Fines: Financial penalties that vary according to the offence and the offender's means.
Discharge: When the court decides not to impose a punishment but records a conviction.
Suspended sentences: Prison sentences that don't take effect unless the offender commits another crime.

Case Study Focus: Norway's Halden Prison

Often called the world's most humane prison, Halden focuses on rehabilitation rather than punishment. Cells have flat-screen TVs, mini-fridges and windows without bars. Guards eat with inmates, play sports with them and help them prepare for life outside. Norway has one of the lowest reoffending rates in the world at about 20%, compared to around 50% in the UK. This shows how different approaches to the penal system can lead to different outcomes in controlling society.

Social Factors in Court and Penal Systems

Court decisions and sentencing aren't just about the law – they're influenced by various social factors:

Class, Ethnicity and Gender

Research suggests that social characteristics can influence how people are treated in the criminal justice system:

People from lower socioeconomic backgrounds are more likely to receive prison sentences than middle-class offenders for similar crimes.
In the UK, Black, Asian and minority ethnic (BAME) individuals make up 14% of the population but 27% of the prison population.
Women are less likely to be sent to prison than men for similar offences, but often face harsher judgment for crimes that go against traditional gender expectations.

Contemporary Issues and Debates

The court and penal systems face several challenges and criticisms:

? Prison Overcrowding

UK prisons are operating at near full capacity, with some at over 150% of their intended occupancy. This leads to poor conditions, limited rehabilitation opportunities and increased violence, undermining the system's ability to effectively control and reform offenders.

? Restorative Justice

This alternative approach focuses on repairing harm rather than punishment. Offenders meet victims, understand the impact of their actions and make amends. Evidence suggests it can reduce reoffending while giving victims a voice in the justice process.

Evaluating Formal Social Control

The effectiveness of courts and the penal system in controlling society can be evaluated in several ways:

Strengths

Provides clear, consistent consequences for breaking society's rules
Offers protection for the public from dangerous individuals
Creates a formal process that aims to be fair and transparent
Reinforces society's values and norms

Limitations

High reoffending rates suggest limited effectiveness in changing behaviour
Evidence of bias based on class, ethnicity and gender raises questions about fairness
Expensive to maintain (UK spends about £4 billion annually on prisons)
Focus on punishment may overshadow rehabilitation needs

Exam Tip

When discussing courts and the penal system in your exam, remember to consider both their intended functions (deterrence, retribution, rehabilitation, protection) and their actual effectiveness. Use specific examples and statistics to support your points and consider how different sociological perspectives might view these institutions. Functionalists might see them as necessary for social order, while Marxists might view them as tools of class control.

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