AC4.1 Use of criminological theories in informing policy development Flashcards
What implications do biological theories have?
If correct, offenders are biologically ‘different’ in some way
Raises question of diminished responsibility. - is it fair to hold them responsible for behaviour that they had no control over?
Goes against public policy, has to be some punishment
Are there any case where the XYY gene has been a successfully defence?
No legal cases in the UK
BUT 5 major US cases attempted (not successful)
State v Roberts (1976)
Judge said: ‘presently available medical evidence = unable to establish a reasonably certain casual connection between the XYY defect + criminal conduct’
What did the judge say in the US case of State v Roberts (1976)?
‘Presently available medical evidence = unable to establish a causal connection between the XYY defect + criminal conduct’
Nature v Nurture??
What are 4 problems could arise from the XYY defence being set as precedent?
- Lead to increase in violent crimes? D have excuse
- D not getting punished - problem with retribution
- Labelling form a younger age
- The contribution of child abuse, parent blaming
What have learning theories led to?
Increased censorship + age restrictions for films, TV shows + video games
IOT avoid young children/ teenagers observing + possibly imitating violent + criminal behaviour
Who has a statutory requirement to classify videos etc.?
British Board of Film Classification
Under Video Recoding Act 2010
What is the U rating?
Universal
Suitable for audience aged 4+
What is the PG rating?
Parental Guidance
Shouldn’t be unsettling for age 8+
What is the 12a rating?
Not suitable for anyone under the age of 12
Unless accompanied with an adult
What is the 12 rating?
Suitable for age 12+
What is the 15 rating?
Suitable for age 15+
Anyone under age 15 can’t rent/ watch/ buy etc.
What is the 18 rating?
Suitable for adults
What is the R18 rating?
Adults for licensed premises only
Restricted 18
porn
What is an example of a film that has been banned in the UK as a result of the BBFC?
Human Centipede 2
Originally banned due to highly explicit sexual violence
Eventually given 18 classification after 32 cuts made (2 mins 37 sec)
What are the arguments that could be made against the censorship of media?
- Don’t just watch + copy (4 mediating factors)
- May decrease it (prohibition in USA)
- Watching violence could act as a release
- Serves no purpose if have MAOA/ XYY biology
2 policies that have been applied as a result of sociological theories
- Broken window theory
2. Zero-tolerance policy
What is the broken window theory?
Suggests low-level disorder must be tackled quickly (mending broken window)
Or problems would quickly escalate
Could attract more serious offenders
Making residence more worried about crime
What is the zero-tolerance policy?
Policing strategy
Involves relentless order maintenance + aggressive law enforcement, even against minor crimes
Dealing with minor crimes in the same way will drive out hardened criminals + deter others
Easier to prevent societies side into crime than to rescue it
Give an example of where the zero-tolerance policy has successfully been used
New York, late 1980s + early 1990s
Was one of the most crime ridden cities in the world
1994 police Commissioner William Bratton introduced zero-tolerance policy
7000 extra officers = employed
Paid particular attention to graffiti + minor street crimes
3 years crime rate dropped by 37% + homicide rate by over 50%
What do Marxists say about the zero-tolerance policy?
rc/mc create the laws (beneficial to then)
Focuses on street crimes (wc) not white collar (mc)
Minor crimes may = committed IOT survive (more exploitation)
Aggression could build up, transfer of violence (domestic abuse, behind closed doors)