crime and law Flashcards
what is civil law?
is what you rely on if a person or organisation doesn’t honour an agreement they made
who are civil law cases filed by?
a private party
the defendant in a civi law trial will either be found…
liable or not liable
if liable, what is usually the punishment?
compensation
example of civil law
landlord/tenant disputes
divorce proceedings
child custody
personal injury
what is criminal law?
criminal law deals with criminal offences
who are criminal law cases filed by?
the government
the defendant in a criminal law is either found…
guilty or not guilty
what are the punishments usually given for someone who has violated criminal law?
they will receive a sentence, either custodial (e.g prison) or non-custodial (e.g. fine or community service)
examples of violations of civil law
theft, assault, robbery, possession of controlled substances, murder etc
is crime increasing or decreasing in scotland?
decreasing
what was the number of crime recorded by the police in scotland in 2017-18 and did this increase or decrease since the year before?
244,504, this is 1%b higher than in 2016-17
what makes up recorded crime?
3% - non sexual crimes of violence
21% - fire raising, vandalism etc
47% - crimes of dishonesty
5% - sexual crimes
what are the categories of crime?
crimes against the person
crimes against property
other crimes
what are crimes against the person?
violent crime and offence types cover a range of offence types.
what does violence cover in types of crime?
minor assaults such as pushing and shoving that result in no real physical harm to serious assault and murder
what does sexual assault cover in terms of types of crime
indecent exposure to rape.
what percentage do serious crimes make up out of all criminal offences in scotland?
5%
what percentage of crimes in 2016-17 were violent crimes?
32%
what precentage of violent crimes in 2016-17 were minor assaults (no/negligible injury)?
72%
what is property crime?
theft, burglary, car theft, fire-raising, shoplifting and vandalism amongst other cfrimes. it involves taking of money and property and does not involve threat or force against a victim.
how many crimes in 2016-17 were under the category of property crime?
In 2016-17, approximately 418,000 crimes (68% of all Scottish crime) were in this category
what was the decrease of property crime in 2008-09 and 2016-17
2008-09 and 2016-17, there was a significant decrease of 34%Between in the estimated number of incidents of property crime.
what is other crime?
Crimes that fall under the ‘other crimes’ category often have no obvious ‘victim’. This means that whilst these crimes might not have been carried out deliberately against any one individual, they may have had several unintended victimsThis category includes a very diverse range of offences, such as traffic crime, fraud, drug offences and soliciting (prostitution).
rights of UK citizens
innocent until proven guilty fair trial legal representation respect to property freedom of speech equal rights
Can prisoners vote in the UK?
According to the joint committee on human rights, the UK is now also out of step with most European countries. Prisoners may vote without restriction in 17 countries and may frequently or sometimes vote in a further 13. The UK is one of only 12 countries where people in prison are still stripped of their voting rights.
what does the right to a fair trial include?
Trials must be heard by an independent and impartial court
Trials must happen within a reasonable amount of time
Defendants are innocent until proven guilty.
The accused is allowed to have legal representation – free of charge if necessary
Hearings and judgments must be made public – in almost all cases
example of the right to a fair trail in action?
One juror was jailed for jailed for eight months in 2011 after Facebooking one of the accused. Another juror was sentenced for posting a poll on her Facebook profile, telling friends she didn’t know which way to vote.
are you entitled to free legal representation
the right to legal aid if they can’t afford legal representation. Article 6 doesn’t give you an automatic right to free legal representation in civil cases.
what happens if you cannot afford legal representation?
if your case is too complex for the defendent to represent him/herself properly, they may be entitled to help with legal costs.
right to legal representation
it is a legal right to a have a solicitor free of charge while you are under arrest or voluntarily attending a police station, or being interviewed by the police as a suspect. You may use a duty solicitor, or choose your own solicitor. In either case, the service is covered by legal aid, meaning it is free.
what happens if someone asks for legal advice while being arrested?
Once someone has asked for legal advice, the police can’t normally question them until their solicitor is present.
what is the longest you will be made to wait for legal advice if you are suspected of a crime in police custody?
The police can make you wait for legal advice in serious cases, but only if a senior officer agrees. The longest you can be made to wait before getting legal advice is 36 hours after arriving at the police station (or 48 hours for suspected terrorism).
majority of prisoners are mentally ill – elaborate
majority of prisoners are mentally ill but this doesn’t mean they had a mental illness before going into prison
in what year was a juror jailed for facebooking one of the accused?
2011
how long was a juror jailed for facebooking one of the accused in court?
8 months
what is enshrined in Article 6 of the human rights convention and the human rights act?
that everyone has the right to a fair and impartial court.
what act makes it an offence to share or post anything which could prejudice a trail?
the contempt of court act 1981
how old was Alisha MacPhail and what happened to her?
Alisha MacPhail was only 6 years old when she was raped and murdered
who was the accused in Alisha MacPhail’s trail?
Aaron Campbell who was 16 at the time
what happened during Alisha MacPhail’s trial?
Campbell pleaded not guilty although it was obvious in the eyes of some that he was guilty. However, the legal system withheld Campbell’s right to remain innocent despite his bad defence and the evidence that was piled up against him. later Aaron Campbell was proven guilty.
how was Aaron Campbell found guilty?
Campbell continued to deny having even met Alisha and key witnesses, including members of Alisha’s family, were cross examined for hours and they had to sit through distressing evidence relating to Alisha’s injuries. The prosecution had to prove, piece by piece, the case against Campbell. Campbell, after the verdict admitted to a psychologist that he was in fact guilty.
why is the right to remain innocent until proven guilty sometimes a bad thing?
because of how it can be traumatising for the victim/the victims family to have to sit through a process and prove piece by piece that the accused is guilty
what is the nature argument?
Do you think some people are more psychologically predisposed to committing criminal acts?
what is psychopathy?
someone with the mental disorder of psychopathy are people who may seem like most of society but in fact often lack remorse or feel little empathy for others.
This means they are less likely to feel guilt or regret for committing crimes so may be more likely to do so.
example of mental illness related crime
“Crossbow Cannibal” (2011)
Stephen Griffiths was known as the ‘crossbow cannibal had been diagnosed with psychopathy decades before he killed, dismembered and ate 3 women in England. He admitted that after killing the three women, he had dismembered and skinned them using power tools, a hammer, knives and a samurai sword. He cooked the first two but ate the third raw after his cooker broke.
Following his arrest he told police: ‘This is the end of the line for me… I’ve killed loads.’
what are mental illness stereotypes?
Horror movies perpetuate image of the ‘psycho-killer’
Reinforces false public perceptions of mental illness
Remember: mental disorder covers very wide range of conditions
Most mental disorders have no link to higher rates of offending
where do individualists believe crime comes from?
personal weakness or lack or values. this means that if someone commits a crime they did it of their own free will.