Crime and Law Flashcards

1
Q

When was Police Scotland formed?

A

Police Scotland was formed in 2013 when the 8 police forces merged. The police in Dundee were called Tayside Police but now Dundee is served by the Tayside Division of Police Scotland. Their main focus is “keeping people safe”

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2
Q

What to police do to maintain public order.

A
  • Supervise football matches
  • Crowd control
  • Police supervise concerts
  • Airports and demonstrations
  • Protests
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3
Q

What to police do to manage traffic.

A
  • Cameras on highways etc.
  • Officers on the road
  • Speeding cameras
  • Road signs
  • Cardboard cut outs of police officers to reduce speeding.
  • Breathalysing
  • Attending accidents
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4
Q

What to police do to catch criminals.

A
  • CCTV
  • Investigate crimes/crime scenes
  • Check for DNA, fingerprints, drugs etc.
  • Drug busts
  • Going undercover
  • Stop and search
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5
Q

What do police do to prevent crime.

A
  • Walk the streets
  • Educating programs
  • Road safety
  • Violence Reduction Unit
  • Reduce drugs and knife crimes
  • Supervise people on electronic tags
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6
Q

Name the 4 Scottish criminal courts in order of least serious to most serious.

A

Justice of the Peace
Sheriff Summary Procedure
Sheriff Solemn Procedure
High Court of Justiciary

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7
Q

Describe the justice of the peace court.

A

The type of judge in this type of court is the justice of the peace (lay member).
The maximum sentence available in this type of court is 60 days in custody and a maximum fine of £2,500.

They deal with fairly minor cases like:
drunkenness, minor assaults, breaches of the peace, petty vandalism etc. All are heard on summary.

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8
Q

Describe the sheriff summary procedure court.

A

The court is less serious than the sheriff solemn procedure. The majority of cases in Scotland are held at this type of court.
The type of judge in this type of court is a sheriff with no jury.
The maximum sentence available in this type of court is 12 months in custody and a fine of up to £5,000.

There are 39 sheriff courts in Scotland

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9
Q

Describe the sheriff solemn procedure court.

A

The type of judge in this type of court is a sheriff with a jury of 15 members of the public.
The maximum sentence available in this type of court is 5 years prison and an unlimited fine.

If the sheriff believes that a guilty person deserves a stronger punishment, they are able to refer the offender to the High Court of Justiciary for sentencing.

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10
Q

Describe the high court of justiciary.

A

The type of judge in this type of court is a high court judge with a jury of 15 members of the public.
The maximum sentence available in this type of court is life imprisonment and an unlimited fine.

Life imprisonment is a mandatory sentence for murder. When imposing a life sentence for murder, the judge will consider a variety of factors before giving the minimum tariff – this is the minimum number of years the offender must serve before being considered for parole (early release).

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11
Q

Give arguments suggesting the effectiveness of the criminal justice system.

A
  • Because they can imprison perpetrators.
  • Because they deter people from committing crimes.
  • They keep the public safe.

Example:
This proven as 60% of people believe that the justice system is effective at bringing people who commit crimes to justice.

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12
Q

Give arguments suggesting the lack of effectiveness of the criminal justice system.

A
  • Reoffending rates are high.
  • Not deterring enough criminals.
  • Some guilty people get away.
  • 1 in 5 rape trials result in the not proven verdict.

Example:
This is proven as the reoffending rates in Scotland were 26.3% in 2017-18.

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13
Q

How many verdicts are there in the Scottish court and name them.

A

There are 3 different verdicts in the Scottish Court:

Guilty
Not Guilty
Not Proven

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14
Q

Name the 5 ideas/considerations of sentencing.

A
Retribution
Protection of the Public 
Deterrence 
Rehabilitation 
Reparation
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15
Q

Describe the aim of retribution and give an example of punishment.

A

Aim -
To make the offender reflect on their crime.

Example -
Sentence proportionate to crime
e.g. Life in prison for murder.

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16
Q

Describe the aim of the protection of the public and give an example of punishment.

A

Aim -
To protect society by making an offender incapable of further offences.

Example -
A long prison sentence for dangerous offenders.

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17
Q

Describe the aim of deterrence and give an example of punishment.

A

Aim -
To put off the offender from re-offending and to put off others from committing crimes.

Example -
Prison sentences and heavy fines.

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18
Q

Describe the aim of rehabilitation and give an example of punishment.

A

Aim -
To change the offender’s behaviour.

Example -
Community Payback Order
Drug Treatment & Testing Order

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19
Q

Describe the aim of reparation and give an example of punishment.

A

Aim -
To compensate the victim

Example -
Compensation Orders
Restorative Justice Programmes

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20
Q

Explain the disposals in Scotland

A

The outcomes possible for the person proceeded against are:
• The person is convicted, either after pleading guilty or being found guilty after evidence have been heard in court.
• The person is acquitted following a non-guilty verdict.
• The person is acquitted following a not proven verdict.

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21
Q

What are the 2 disposals without punishment.

A

Absolute Discharge

Admonition

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22
Q

Describe what an absolute discharge is

A

This is when the judge decides that a person convicted of a crime should not be given a sentence. This means there is no punishment. In summary (less serious cases), no conviction is recorded. Reasons for an absolute discharge could be because the crime was very minor, the offender was previously of good character, or the offender is very young or old.

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23
Q

Describe what an admonition is

A

This is a warning to an offender not to commit another crime, but no punishment is given. The crime is recorded as a conviction on a criminal record.

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24
Q

Name 3 community based disposals.

A

Community Payback Order

Deferred Sentence

Fines

25
Q

Describe what an community payback order is

A

The order is given as an alternative to a custodial sentence. It can be made-up of one or more parts. There is a wide range of requirements which can be part of this order. This includes:
• Up to 300 hours unpaid work for the community supervision.
• Working with a social worker to change offending behaviour.
• Paying compensation (money) to the victim of crime.
• Attending programs such as those dealing with domestic abuse or sexual offences.
• Receiving treatments such as mental health, drugs, and alcohol.

26
Q

Describe what a deferred sentence is

A

A judge can post pone a sentence, usually for good behaviour, to a later date. If offenders stay out of trouble during that time, the judge will normally give a less severe sentence than if they get into trouble.

27
Q

Describe fines

A

The offenders must pay money to the court within a certain amount of time. The highest level of fine that can be given is set by law depending on which court the case is heard in:
• Justice of the Peace – Up to £2,500
• Sheriff Court (Less serious – Summary) – Up to £10,000
• Hight Court – No maximum fine.

28
Q

What orders can be given?

A

Restriction of Liberty Order (RLO)

Drug Treatment and Testing Orders (DTTOs)

29
Q

Describe a Restriction of Liberty Order (RLO)

A

A RLO can last or up to a year and may be given as an alternative to imprisonment. Offenders must be in a certain place, such as their home for a set amount of time (usually 7am – 7pm). This can be up to 12 hours a day. They can also be restricted from going to certain places. The offenders are closely monitored – usually by wearing an electronic tag.

30
Q

Describe Drug Treatment and Testing Orders (DTTOs)

A

DTTOs aim to help offenders reduce their drug misuse and the crimes they commit because of it. They are given for up to 3 years to offenders who have a serious drug problem and who might otherwise be given a prison sentence. Offenders must agree to treatments to testing to ensure the treatments are being followed; and to regular attendance at court for reviews.

31
Q

Name the different types of custody

A

Prison

Detention

32
Q

Describe prison

A

Imprisonment is the most severe sentence a judge can give. It can only be given if there is no other appropriate way of dealing with the person.

33
Q

Describe detention

A

Detention is when youths, aged 16-21, are sent to a young offenders institution rather than prison. The institutions are similar to prison but the programmes in place are aimed at people up to the age of 23.

34
Q

What are the 3 causes of crime?

A

Biological
Social
Economic

35
Q

What are the biological causes of crime?

A

Mental Disorders
Nature/Genes/DNA
Hormones

36
Q

What are the social causes of crime?

A

Adverse Childhood Experiences ACEs
Lack of Education
Drugs and Alcohol

37
Q

What are the economic causes of crime?

A

Greed
Lack of Skills/Unemployment
Poverty

38
Q

Describe mental disorders

A

Explanation:
Lacking empathy means they are less likely to feel guilt or regret for committing crimes so they may be more likely to do so.

Example:
Aaron Campbell was 16 years old when he abducted, raped, and murdered Alesha MacPhail - 6 years old - on the Isle of Bute in July 2018. It was revealed that she suffered 117 injuries.

39
Q

Describe hormones

A

Explanation:
Men have higher levels of the hormone testosterone than women. This makes them more aggressive and prone to higher risk taking, making them more likely to take part in violent crimes.

Example:
In September 2019, around 95% of all prisoners in Scotland were male.

40
Q

Describe ACEs

A

Explanation:
They may lack essential social and emotional skills in how to become a responsible citizen as a result of growing up in a household where children could be exposed to drugs, neglect, or physical abuse.

Example:
The Scottish Government reports that people with adverse childhood experiences (ACEs) are 20x more likely to have been in prison at any point in their life.

41
Q

Describe drugs and alcohol

A

Explanation:
Growing up in a household where parents are using drugs and alcohol can seriously affect the life chances of the child. This can lead to crime in 3 different ways:

  • Selling and giving drugs to others.
  • Stealing to fund their addiction.
  • Committing crimes under the influence of drugs and alcohol.

Example:
50% of violent crimes were committed while someone was under the influence of drugs and alcohol in 2017/18 .

42
Q

Describe greed

A

Point:
Greed is a selfish desire for more money.

A person considered to be greedy has a very selfish desire to get more of something — usually money. It may be out of jealousy or to live a life they cannot afford.

Example:
Many people are victims of fraud via banking text messages.

43
Q

Describe poverty

A

Point:
Poverty is the most common cause of crime. Society attaches importance to material goods. However people cannot afford this so many turn to crime.

Example:
27% of crimes of dishonesty account for shoplifting.

44
Q

What are the aims of Scottish Prison Service

A

To secure offenders in custody

To humanely care for offenders

To reduce re-offending

To provide value for money

45
Q

Describe the Scottish Prison Estate

A

The Scottish Prison Estate is made up of 15 different prisons

Most are concentrated in the Central Belt. Some prisons centre for specific groups in Scottish society
i.e. Polmont is a young offenders institute (16-21 year olds).
Castle Huntley is an open prison which they use for minor offences or people who are at the end of their sentence.
Cornton Vale is Scotland’s only women prison.

46
Q

Give arguments for and against securing offenders in custody

A

For:
Every person admitted to prison has to go through a metal detector that can also find things internally.

They are questioned about their mental health record/mental health

Cells are routinely checked

Against:
1 in 3 prisoners smuggle drugs

Scotland send more people to prison than other countries

47
Q

Give arguments for and against reducing re-offending on release

A

For:
They make them work etc which would allow them to get used to having a job once out of prison.

Against:
Reoffending rates have stayed the same

Around 60% of prisoners re-offend

Around a third of RLOs orders are breached however this is lower than the number of ex-prisoners reoffending.

48
Q

Give arguments for and against humanely caring for offenders

A

For:
They get around £12 a week for doing jobs in the kitchen etc.

They get a TV in every cell as this have been proven to reduce the violent crimes in the prison.

Against:
They don’t get cared for as there are a lot of fights resulting in serious injuries.

There were around 20,000 violent attacks (prisoner on prisoner) in 2016.

Some people come out of prison an addict.

49
Q

Give arguments for providing value for money for taxpayers

A

Restriction of liberty orders cost around £400 per offender whereas prison costs around £36,000 for a year

50
Q

Describe the impact of crime on families

A

Many families will face the consequences of the crime their loved ones have committed. For example, they may feel emotion distress. They may feel like this because people see them as ‘guilty’ even though they had nothing to do with it the majority of the time.

Many families may struggle to balance all their roles and responsibilities.

Around 200,000 children are affected by parental imprisonment across England and Wales.

Children and 2x more likely to be incarcerated and experience mental health problems if their parents/families are imprisoned.

51
Q

Describe the impact of crime on perpetrators

A

Financial Impact:
Many offenders can end up reoffending due to their financial state. For example, they may suffer from unemployment and homelessness. Statistics show that 75% of ex-offenders have no jobs and 6% of statutory homeless applications come from people leaving prison.

Social Impact:
Many people who have committed crimes lose the support of the ones they love making them feel isolated etc. For example, many offenders lose marriages as well as families.

They may also lose access to certain countries due to being ex-offenders.

Self Harm/Suicide:
The majority of elder inmates said that they were prescribed medication due to the deterioration of their mental health.

Offenders can get very depressed and may harm themselves due to this.

52
Q

Describe the impact of crime on communities

A

Communities which experience higher levels of crime are also adversely affected. Apart from people being frightened inside or outside their own home, property prices are affected and homeowners can find it more difficult to sell their property. Crime has an impact on home insurance premiums. New businesses may avoid the area and existing businesses may close down due to crime such as repeated theft, vandalism or having too few customers as a result.

53
Q

Describe the impact of crime on victims and victims’ families

A

Guilt at having become the victim of crime and feelings one could have prevented it (whether or not this was at all possible).

Psychological effects such as anger, depression or fear, which, in serious cases, can cause sleeplessness, flashbacks to the offence or Post-Traumatic Stress Disorder (PTSD).

Feelings of anxiety through shock that such a thing has happened and worries about revictimisation, sometimes leading to feelings of loss of trust in one’s community and in society.

For example:
Victim Support Scotland is an organisation which exists to support victims and their families. They offer a variety of services to support people.

54
Q

Describe the impact of crimes on the wider society

A

Many communities across Scotland are blighted by the consequences of vandalism, petty theft, and drugs and alcohol abuse

Local council spend money that should be spent elsewhere on repairing damage.

For example Dundee spent over 1 million over 5 years on repairing damage

55
Q

Describe the effectiveness of criminal courts in tackling crimes

A

Special Courts in Fife and Glasgow which deal with drugs related offences have been shown to be more effective than standard sheriff courts in dealing with these offenders with lower reconviction rates.

2015 found that while most people thought the courts did a good job in ensuring fairness and equality in delivering justice, just over a third (36%) thought that courts gave sentences that fitted the crime.

56
Q

Describe the purpose and effectiveness of prisons

A

A convicted murderer will face life imprisonment. Armed robbers, rapists and those guilty of causing deaths of others by culpable homicide will face lengthy jail time. But the amount of time they do will depend on several factors. It is not just those in the dock of the High Court, anyone convicted in the Sheriff Court or even the JP Court could end up “doing time”.

57
Q

Describe the Governments response to crime

A

In May 2018, the Scottish Government announced the launch of Release Scotland to improve the re-employment opportunities for those released from prison. It is too early to tell how effective this is

58
Q

Describe the effectiveness of police in tackling crime

A

Like other UK forces Police Scotland follow models of policing which allows them to deliver protection to the public while providing value for taxpayers’ money. One of the main models is intelligence led policing. This is about collecting information – whether it is information from people in communities about crimes and criminals or about looking at data such as geographical crime mapping to see how best to deploy resources.

Since April 2013, the bulk of policing in Scotland has been the responsibility of Police Scotland.