Crime and Law Flashcards
When was Police Scotland formed?
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”
What to police do to maintain public order.
- Supervise football matches
- Crowd control
- Police supervise concerts
- Airports and demonstrations
- Protests
What to police do to manage traffic.
- Cameras on highways etc.
- Officers on the road
- Speeding cameras
- Road signs
- Cardboard cut outs of police officers to reduce speeding.
- Breathalysing
- Attending accidents
What to police do to catch criminals.
- CCTV
- Investigate crimes/crime scenes
- Check for DNA, fingerprints, drugs etc.
- Drug busts
- Going undercover
- Stop and search
What do police do to prevent crime.
- Walk the streets
- Educating programs
- Road safety
- Violence Reduction Unit
- Reduce drugs and knife crimes
- Supervise people on electronic tags
Name the 4 Scottish criminal courts in order of least serious to most serious.
Justice of the Peace
Sheriff Summary Procedure
Sheriff Solemn Procedure
High Court of Justiciary
Describe the justice of the peace court.
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.
Describe the sheriff summary procedure court.
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
Describe the sheriff solemn procedure court.
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.
Describe the high court of justiciary.
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).
Give arguments suggesting the effectiveness of the criminal justice system.
- 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.
Give arguments suggesting the lack of effectiveness of the criminal justice system.
- 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.
How many verdicts are there in the Scottish court and name them.
There are 3 different verdicts in the Scottish Court:
Guilty
Not Guilty
Not Proven
Name the 5 ideas/considerations of sentencing.
Retribution Protection of the Public Deterrence Rehabilitation Reparation
Describe the aim of retribution and give an example of punishment.
Aim -
To make the offender reflect on their crime.
Example -
Sentence proportionate to crime
e.g. Life in prison for murder.
Describe the aim of the protection of the public and give an example of punishment.
Aim -
To protect society by making an offender incapable of further offences.
Example -
A long prison sentence for dangerous offenders.
Describe the aim of deterrence and give an example of punishment.
Aim -
To put off the offender from re-offending and to put off others from committing crimes.
Example -
Prison sentences and heavy fines.
Describe the aim of rehabilitation and give an example of punishment.
Aim -
To change the offender’s behaviour.
Example -
Community Payback Order
Drug Treatment & Testing Order
Describe the aim of reparation and give an example of punishment.
Aim -
To compensate the victim
Example -
Compensation Orders
Restorative Justice Programmes
Explain the disposals in Scotland
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.
What are the 2 disposals without punishment.
Absolute Discharge
Admonition
Describe what an absolute discharge is
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.
Describe what an admonition is
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.