crime and law Flashcards

1
Q

what is civil law?

A

is what you rely on if a person or organisation doesn’t honour an agreement they made

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2
Q

who are civil law cases filed by?

A

a private party

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3
Q

the defendant in a civi law trial will either be found…

A

liable or not liable

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4
Q

if liable, what is usually the punishment?

A

compensation

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5
Q

example of civil law

A

landlord/tenant disputes
divorce proceedings
child custody
personal injury

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6
Q

what is criminal law?

A

criminal law deals with criminal offences

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7
Q

who are criminal law cases filed by?

A

the government

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8
Q

the defendant in a criminal law is either found…

A

guilty or not guilty

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9
Q

what are the punishments usually given for someone who has violated criminal law?

A

they will receive a sentence, either custodial (e.g prison) or non-custodial (e.g. fine or community service)

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10
Q

examples of violations of civil law

A

theft, assault, robbery, possession of controlled substances, murder etc

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11
Q

is crime increasing or decreasing in scotland?

A

decreasing

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12
Q

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?

A

244,504, this is 1%b higher than in 2016-17

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13
Q

what makes up recorded crime?

A

3% - non sexual crimes of violence
21% - fire raising, vandalism etc
47% - crimes of dishonesty
5% - sexual crimes

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14
Q

what are the categories of crime?

A

crimes against the person
crimes against property
other crimes

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15
Q

what are crimes against the person?

A

violent crime and offence types cover a range of offence types.

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16
Q

what does violence cover in types of crime?

A

minor assaults such as pushing and shoving that result in no real physical harm to serious assault and murder

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17
Q

what does sexual assault cover in terms of types of crime

A

indecent exposure to rape.

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18
Q

what percentage do serious crimes make up out of all criminal offences in scotland?

A

5%

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19
Q

what percentage of crimes in 2016-17 were violent crimes?

A

32%

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20
Q

what precentage of violent crimes in 2016-17 were minor assaults (no/negligible injury)?

A

72%

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21
Q

what is property crime?

A

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.

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22
Q

how many crimes in 2016-17 were under the category of property crime?

A

In 2016-17, approximately 418,000 crimes (68% of all Scottish crime) were in this category

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23
Q

what was the decrease of property crime in 2008-09 and 2016-17

A

2008-09 and 2016-17, there was a significant decrease of 34%Between in the estimated number of incidents of property crime.

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24
Q

what is other crime?

A

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).

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25
Q

rights of UK citizens

A
innocent until proven guilty
fair trial
legal representation
respect to property
freedom of speech
equal rights
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26
Q

Can prisoners vote in the UK?

A

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.

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27
Q

what does the right to a fair trial include?

A

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

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28
Q

example of the right to a fair trail in action?

A

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.

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29
Q

are you entitled to free legal representation

A

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.

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30
Q

what happens if you cannot afford legal representation?

A

if your case is too complex for the defendent to represent him/herself properly, they may be entitled to help with legal costs.

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31
Q

right to legal representation

A

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.

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32
Q

what happens if someone asks for legal advice while being arrested?

A

Once someone has asked for legal advice, the police can’t normally question them until their solicitor is present.

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33
Q

what is the longest you will be made to wait for legal advice if you are suspected of a crime in police custody?

A

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).

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34
Q

majority of prisoners are mentally ill – elaborate

A

majority of prisoners are mentally ill but this doesn’t mean they had a mental illness before going into prison

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35
Q

in what year was a juror jailed for facebooking one of the accused?

A

2011

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36
Q

how long was a juror jailed for facebooking one of the accused in court?

A

8 months

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37
Q

what is enshrined in Article 6 of the human rights convention and the human rights act?

A

that everyone has the right to a fair and impartial court.

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38
Q

what act makes it an offence to share or post anything which could prejudice a trail?

A

the contempt of court act 1981

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39
Q

how old was Alisha MacPhail and what happened to her?

A

Alisha MacPhail was only 6 years old when she was raped and murdered

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40
Q

who was the accused in Alisha MacPhail’s trail?

A

Aaron Campbell who was 16 at the time

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41
Q

what happened during Alisha MacPhail’s trial?

A

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.

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42
Q

how was Aaron Campbell found guilty?

A

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.

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43
Q

why is the right to remain innocent until proven guilty sometimes a bad thing?

A

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

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44
Q

what is the nature argument?

A

Do you think some people are more psychologically predisposed to committing criminal acts?

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45
Q

what is psychopathy?

A

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. ​

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46
Q

example of mental illness related crime

A

“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.’​

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47
Q

what are mental illness stereotypes?

A

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

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48
Q

where do individualists believe crime comes from?

A

personal weakness or lack or values. this means that if someone commits a crime they did it of their own free will.

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49
Q

what are individualists also known as?

A

social conservatives

50
Q

what do individualists believe in terms of morals?

A

Individualists believe that that there are absolute moral values (often based on traditional religious beliefs and teaching) that need to be inculcated through the family, church, and school, to form an individual of good character and moral values.

51
Q

what is lombrosos theory of criminal activism? (individualism)

A

One of the first biological theories of crime was that of Italian army doctor Cesare Lombroso (1876). Lombroso said that many criminals had been born with ‘atavistic’ features – i.e. characteristics passed down from less evolved ancestors. After examining the bodies of dead prisoners, Lombroso concluded that criminals shared certain physical anomalies including large jaws, high cheek bones, large ears, long arms, thick skulls and extra nipples, toes and fingers. In his original theory, possessing five or more such qualities inevitably led to a criminal type. Thus, criminals could be identified by the presence of certain features, e.g. murderers have thin lips and robbers beak-like noses.

52
Q

what is super male syndrome? (individualist)

A

This theory emerged in the 1970s and seemed briefly to offer a very powerful explanation for male criminality.
As you may have learned in biology, most women in the population possess ‘XX’ chromosomes and most men possess ‘XY’. Some males, however, are born with an extra male (Y) chromosome as a result of a random mutation – a condition that became known as ‘supermale’ syndrome.
Boys born with this mutation grow faster and taller, and although IQ does not seem to be affected around half will suffer from learning difficulties of some sort.
It was also argued that this extra male chromosome led to increased aggressive behaviour, thus creating a link with crime. This extra chromosome was found in proportionately more prison inmates than in the non-criminal population.

53
Q

Why is the super male syndrome unrealistic? (individualist)

A

Watkins et al (1977) found that of them men in the study who were in prison were mostly convicted for petty crime, rather than violent crimes, undermining the theory that it was linked to aggression.
Modern research also confirmed that having this syndrome does not in and of itself produce aggressive behaviour in those affected; this had more to do with the social environment they were living in. Dealing with aspects of the condition during adolescence (for example, bullying, and different treatment by teachers/family/peers) is a more likely explanation for any later social difficulties experienced by XYY males.
Further, the occurrence of an extra Y chromosome is so rare that its significance is very limited and it certainly would not impact on the majority of crime (Williams 1991). This mutation is found in just 1 in 1000 male births.

54
Q

what is the warrior gene and what is the history behind it?

A

in 1962, a Dutch woman consulted her doctor about whether to have children. Her family had a history of violence, including rape and attempted murder. Would her children be violent too, she asked? Her doctor consulted geneticist Hans Brunner, who discovered that the family carried a defective gene: it inhibited the production of serotonin – a chemical humans naturally produce in our bodies which is linked to well-being and happiness.
The researchers linked so called ‘warrior gene’ is linked to aggression and impulsive behaviour. They concluded that people who carry it are at a higher risk of committing violent crime.

55
Q

arguments/evidence against the warrior gene being a true cause of crime. (individualist)

A

the majority of people with this rare genetic mutation had never committed violent crime. More research was needed to determine the exact role of the warrior gene in violent behaviour.
Scientists at the University of Wisconsin spent more than 25 years studying 400 boys. They collected DNA from the boys and recorded details of their environment, upbringing and behaviour at regular intervals. They found neither genes alone nor environment alone could predict violence.
However, when the scientists looked more closely at a group of boys who had the warrier gene mutation and also experienced abuse early in their lives they found genes did have an effect. 85% of this smaller group had gone on to commit a violent act as an adult.
The implication was clear: someone with a low genetic risk will have to be pushed very hard to become violent; another individual with a high genetic risk might have a hair trigger, especially when exposed to other environmental risk factors such as abuse, poverty or family breakdown.

56
Q

from the view of individualists what change would reduce crime rates?

A

Individualists tend to focus on personal weakness as the reason a crime is committed. If someone chooses to offend, that is their responsibility and if caught, they should suffer the consequences. Individualists believe that if punishments were stronger and the police and courts had more powers, there would be less crime.

57
Q

overall, what to collectivists believe about crime?

A

Collectivists feel society is unequal and some people are at a greater risk of being influenced by criminal behaviour, often through the actions of parents or friends.
In order to tackle crime, collectivists feel that social conditions which create the catalyst for crime need to be addressed. This could be through better housing, improved employment opportunities and a more equal society to make crime less of an attraction. If people are in work and are content with life they will be less likely to break the law.

58
Q

who was the functionalism theory developed by?

A

David Emile Durkheim (1858 - 1917)

59
Q

what is the functionalism theory? (collectivist)

A

Functionalist believe that crime is actually beneficial for society – for example it can improve social integration and social regulation. The Functionalist analysis of crime starts with society as a whole. It seeks to explain crime by looking at the nature of society, rather than at individuals

60
Q

example of functionalism

A

laws against homosexuality. Homosexuality was illegal in Scotland until 1980. Despite being illegal, homosexuality was still practised. Laws on homosexuality have changed remarkably since 1980 with the Scottish parliament recently legalising same sex marriage.

61
Q

what is a problem with the functionalism theory?

A

One problem with functionalism is that whilst the majority of societies have crime we know that the rate of crime differs enormously.

62
Q

example of why functionalism is not a valid theory

A

For example the US has extremely high crime rates whereas some other societies such as Japan seem to have very low crime rates in comparison. This account fails to explain why societies are so different. However it is useful insofar as it explains increased crime rates when societies are under stress e.g. Moral Panics. Functionalism is also is based on the idea that societies are integrated and have shared values. This may be relatively true of simple societies but it is hard to explain more industrialised, fragmented modern societies.

63
Q

what did David Emile Durkheim define crime as?

A

an act which offends strong and defined states of the collective conscience.”

64
Q

what is the strain theory/Anomie (collectivism)?

A

the idea of ‘strain theory’ within Western societies which put great emphasis on opportunity and doing well. As a consequence, our lives are dominated by materialistic things

Merton argued that those who do not achieve ‘the American dream’ turn to crime so as not to be left out of society. Others will choose to ‘drop out’ of mainstream society and form their own societies such as gangs. His theory argues that crime occurs when there is a gap between the cultural goals of society (e.g. material wealth, status) and the structural means to achieve these (e.g. education/employment). The strain between means and goals results in frustration and resentment and can lead to some people using illegitimate or illegal means to secure success. Simplistically strain theory suggests that the cultural values and social structures of society put pressure on individual citizens to commit crime.

65
Q

who developed the strain theory?

A

The American functionalist Robert Merton

66
Q

what is marxism? (collectivist)

A

that capitalist society contained within it the seeds of its own destruction. There was, he claimed, an essential conflict between the exploiters (the capitalists and their allies) and the exploited (the working class).

Marxist writers see crime as the inevitable result of capitalist society, which they claim is based on exploitation, competition and alienation. They would point to the poverty that can exist in a capitalist society and claim that this is why people commit crimes. Not necessarily because they are too poor to afford to buy food, clothes etc. but because certain people become ‘alienated’ from society and choose a criminal lifestyle

Marxists would look at the social background of criminals and find certain characteristics in common; low income families, perhaps a history of unemployment, poor educational achievement and low expectations. Modern capitalism, they argue, glamorises material possessions and economic status. Those who cannot acquire economic success by legal means will be tempted to pursue illegal means. This, Marxists would say, explains ‘white collar’ or corporate crimes such as fraud, corruption and tax evasion.

The ‘capitalist state’ however does not pursue these criminals as robustly as it does with working class offenders. This is partly because the rulers of a modern capitalist society have strong connections with corporate lawbreakers. The state for Marx is a ‘committee of the bourgeoisie’. And punishing working class criminals performs the function of dividing the working class between ‘respectable’ and undeserving’. Liberals may even agree with this analysis.

67
Q

what are the three categories of individualist theories of crime?

A

genetic
biological
psychological

68
Q

in aberdeen city during 2018-19 what was the number of non-sexual crimes of violence

A

425

69
Q

in aberdeen city during 2018-19 what was the number of sexual crimes

A

750

70
Q

in aberdeen city during 2018-19 what was the number of crimes of dishonesty

A

5,312

71
Q

in aberdeen city during 2018-19 what was the number of fire raising vandalism etc

A

1894

72
Q

in aberdeen city during 2018-19 what was the number of “other crimes”

A

3112

73
Q

in aberdeen city during 2018-19 what was the total number of crimes committed

A

11,493

74
Q

in aberdeen city during 2018-19 what was the number of miscellaneous offences

A

5550

75
Q

in aberdeen city during 2018-19 what was the number of motor vehicle offences

A

5890

76
Q

in aberdeen city during 2018-19 what was the number of total offences

A

11440

77
Q

in aberdeen city during 2018-19 what was the total number of crimes and offences?

A

22933

78
Q

in aberdeen city during 2017-18 what was the number of children living in poverty before housing

A

15%

79
Q

in aberdeen city during 2017-18 what was the number of children living in poverty after housing

A

18%

80
Q

what are sociological causes of crime?

A

lack of education

greed

peer pressure

poor role models

alcohol and drugs

poverty and geographical location

81
Q

how does lack of education effect crime?

A

Young people who grow up in families that do not value education are more likely to live out on the streets, get involved in drug and alcohol abuse, join gangs and end up in prison. E.g. this often leads to crimes such as dangerous driving, assault, knife crime, murder and rape (often due to gangs). It likely that criminal activity was partly why some of these people didn’t go to school in the first place. They gained a criminal education instead and in prison this continues.

82
Q

example of an area which has a high crime rate as well as high crime rates

A

Drumchapel in Glasgow where Education may not be a priority. Gang culture, criminality in parents, family violence and abuse, and poor upbringing could all contribute to a lack of focus on education. Young people who do not do well at school may struggle for a good paying job, leaving them unable to escape the cycle of poverty. Some people who may perform poorly in schools may see a life of crime a better alternative than struggling on a low income/unemployment.

83
Q

how much more likely is it for people who live in areas of deprivation to be excluded than people who live in areas of less deprivation?

A

People who live in areas of deprivation are 6 times more likely to be excluded than if they live in areas of less deprivation. There are many reasons for this but being excluded from school can contribute to youth crime.

84
Q

are educational programmes within prisons successful?

A

Educational programmes within prisons have been found to be successful. If you gain a qualification in prison you will be less likely to re-offend. The Prisoners Education Trust (PET) found reoffending rates reduced by between a quarter and two fifths between people who had PET support and those who didn’t

85
Q

what percentage of prisoners who enter prison have literacy skills stem have literacy skills no higher than those broadly expected of an 11 year old child?

A

Within prisons the majority of prisoners did not do well at school, in England and Wales in 2015 it was found that 46% of people entering the prison system have literacy skills no higher than those broadly expected of an 11 year old child.

86
Q

in 2017 what percentage of prisoners were found functionally illiterate?

A

In 2017 50% of prisoners in the UK were found functionally illiterate. This means half of the 85,000 people incarcerated had a reading age of 11 or lower – with 20% falling well short of that mark. Many prisoners are completely illiterate.

87
Q

what i social exclusion?

A

The government describes social exclusion as what “happens when people or places suffer from a series of problems such as unemployment, discrimination, poor skills, low incomes, poor housing, high crime, ill health and family breakdown.”

88
Q

who is more likely to experience social exclusion?

A

Some regions in Scotland are more likely to suffer from Social Exclusion than others. Also certain groups in society are more likely to be excluded, for example, if you are young or poor or from an ethnic minority

89
Q

how is social exclusion a factor when it comes to crime rates?

A

People who feel excluded may turn to crime to feel included- what we have seen as important- . E.g could lead to theft to get the same things as everyone else.

90
Q

what can a criminal record lead to (sociology)?

A

In fact, a criminal record can lead to social exclusion as it has an impact on the chances of getting a job and thereby pushes people further into crime and re-offending. E.g often leads to crime of theft or fraud often to fund drug/alcohol habit

91
Q

how does greed effect crime?

A

Some people may feel that the only way to fit in is to have the same things as everyone else. This does not apply when people are stealing in order to survive. E.g. Stealing to fund a particular lifestyle. White collar crime an example as it is mostly well-off individuals who commit crimes such as tax evasion, fraud or corruption

92
Q

organised crime

A

Organised Crime is a high-level crime that can be international. Organised criminal gangs will get involved in drugs and human trafficking in order to make huge financial gains.

93
Q

in 2012 what percentage of human trafficking was Scotland accountable for in the UK?

A

In March 2012 Scotland accounted for 13.5% of human trafficking in the UK even though we only make up 10% of the population. Human trafficking has been found in Scotland’s cities and small towns. Organised criminal gangs in Scotland have been linked to the selling of counterfeit goods, such as CDs, DVDs and tobacco. Money made from this is then used to fund drugs and human trafficking.

94
Q

what effect does peer pressure have on crime?

A

Most common in teenagers and young people although gang attitudes can continue in criminal circles. Many people involved with crime have issues with confidence and self-esteem, often making it difficult to make the right decision, even if they know what they are doing is wrong.

95
Q

why is it that teenagers are more susceptible to peer pressure?

A

Being a teenager brings increasing responsibilities, greater demands from parents and teachers, as well as a growing awareness that life is unfair. Teenagers are often said to be ‘finding themselves’ or ‘testing the boundaries’, both phrases that are used to help explain the changes in behaviour in the move from childhood to adulthood. Peer pressure can be hard to resist.

96
Q

how important is peer pressure as a cause of crime?

A

Criminologists disagree as to the extent of peer pressure as a factor explaining crime (some see it as less important than other factors). However, most people would agree that ‘being in with the wrong crowd’ or equally, ‘being part of a good crowd’ can affect behaviour.

97
Q

what effect does having poor role models have as a cause of crime?

A

Children/Young people learning from the behaviour of family or people who they look up to. This can lead to skewed beliefs of what is right and what is wrong- crime as ‘Normal’ behaviour. If parents are not present in their child’s life, supporting and nurturing them socially and educationally then the child may turn to another form of support. This can be in the form of friends or gangs. They turn to crime as they have no aspirations to be successful as no one they know is successful.

98
Q

example of having a poor role model being an important cause of crime

A

Poor parenting can be attributed to a number of issues: substance abuse, neglect, psychological damage, poor relationships, lack of parental support and poor role models. Children who are brought up in criminal families are more likely to enter the world of crime in adulthood. There are believed to be 120,000 families in Britain from troubled backgrounds whose children are in danger of repeating their parent’s criminal lifestyle. Over 1 million children in Britain have an alcohol abusing parent and 350,000 children live with drug-taking parents.

99
Q

what impact does alcohol and drugs have on crime?

A

Alcohol abuse is a big problem in Scotland. Apart from the individual health problems that excess alcohol consumption brings, a great deal of crime, particularly at the weekends, is linked to alcohol abuse.
Being a drug user automatically makes you a criminal and involves you in the world of crime. Using drugs is also very expensive and may lead to crimes such as theft or prostitution, to pay for an addiction- thus a cycle of crime.

100
Q

example of alcohol and drugs being a cause of crime

A

The 2017/18 Scottish Crime Survey found that the proportion of violent crime involving offenders under the influence of alcohol has fallen from 63% in 2008/09 to 46% in 2017/18.

victims reported that just over one-in-three violent crimes (36%) involved offenders who were thought to be under the influence of drugs in 2017/18, up from 22% in 2016/17.

Offenders were believed to be under the influence of alcohol in 46% of violent incidents where victims were able to say something about the offender in 2017/18. This figure has fallen from 63% in 2008/09 but is not significantly different from the estimate in 2014/15 (56%) or 2016/17 (42%). Academics at the University of Glasgow found that people living in an area with six or more alcohol outlets may expect crime rates twice as high as those in an area of only three
.

101
Q

how odes poverty and geographical location effect crime?

A

There is no direct link between poverty and crime; however, people who live in poverty may be more vulnerable to becoming involved in crime. Not all poor people are criminals and many richer people are.

102
Q

what type of place does crime normally take part in?

A

Crime tends to take place in urbanised areas, where poverty and high unemployment figures are present, although there is not a direct link.

103
Q

example that crime more commonly takes place in urbanised areas

A

2018-19 Statistics showed Glasgow to have the highest crime rate in Scotland, with Edinburgh City second. The northern and western isles in Scotland were found to have the lowest levels of crime.

104
Q

what area is violent crime more likely to occur in?

A

The 2013 Scottish Crime and Justice Survey (SCJS) found that more violent crime occurred in areas of higher levels of deprivation. Research shows that the highest rates of robberies and violent crime (assault, GBH, murder) are often committed in poorer areas, which also have high levels of social problems (e.g. drunk and disorderly, drug-selling, anti-social behaviours).

105
Q

evidence that violent crime is more likely to occur in areas of deprivation/poorer areas?

A

Areas such as Glasgow, Dundee, Clackmannanshire and West Dunbartonshire have high levels of both violent crime and child poverty. Yet Edinburgh has a high rate of violent crime but a lower level of poverty.

106
Q

what fraction of people in prison struggle with a drug addiction?

A

Approximately 2/3rds of people in prison are addicted to drugs.

107
Q

example of peer pressure being more likely to effect teens

A

the peak age for criminality is 15 to 17 years and one reason that can be attributed to the rise in crime at this age is ‘peer pressure’. some teenagers may become involved in anti-social behaviour. Attracting and keeping friends is not always easy. Bullying can occur if an individual teenager is seen to ‘do as they are told all of the time’.

108
Q

what are some alternatives to custody?

A

fines/compensation
restriction of liberty order
drug treatment and testing order

109
Q

what are fines?

A

offenders are offered to pay the court a fine or the victim compensation for their crime

110
Q

what are fines dependent on?

A

fines are dependent on income

111
Q

why are fines effective?

A

fines are designed to inflict pain of financial deprivation upon an offender in return for wrong doing

fines combine elements of:
retribution (since fines are based on the seriousness of the crime)
deterrence (shows the offender that crime does not pay)
reparations (paying the victim or society back for the harm done)

112
Q

how are fines beneficial for the government?

A

the government/local council receives money instead of having to spend money on sending the offender to prison

113
Q

why are fines beneficial for the offender?

A

they prevent the offender from getting a criminal record and avoids the offender falling into criminal culture in prison.

114
Q

why do some people disagree with fines?

A

some people say that fines arent harsh enough which leads to victims feeling let down since the offender only received a “slap on the wrist”

some people also dont pay the fines and the authorities end up having to chase down the money

115
Q

example of fines being effective

A

Ant McPartlin who was fined £86000 for drunk driving in 2018

116
Q

example of fines being ineffective

A

in 2018 the scotsman reported that criminals have failed to pay more than 5 million of fines imposed by courts in scotland

117
Q

what is electronic monitoring?

A

an electric tag is usually worn around the ankle and communicates with a home monitoring unit through a radio frequency signal

118
Q

what is electric monitoring used for?

A

as a part of restriction of liberty

as a lisence condition for the purpose of home detention curfew

as a liscence condition imposed by the parole board for scotland after early release from prison

as a part of a restricted movement requirement imposed for a breach of a community payback order

as a condition of a drug treatment and testing order

as a movement restriction for young people imposed by a childrens hearing

119
Q

example for electric monitoring?

A

MP Fiona Onasanya may have to wear an electric tag in the HOC if she attends key brexit votes after being released from prison after her one month sentence. she was jailed for perverting the court of justice

120
Q

example for why electric monitoring is effective?

A

Electronic tag numbers up as prisoner population falls 6 April 2018
The use of electronic tags on offenders has increased, as the number of prisoners has dropped to its lowest level in seven years, figures show. The number of prisoners released early on electronic tags rose by more than 1,000 in seven months to 3,028. The Ministry of Justice said there are about 83,000 prisoners in England and Wales, down 2,000 in four months. BBC home affairs correspondent Danny Shaw said the rise in tag use had contributed to the sudden drop.

BBC news

121
Q

evidence against electric monitoring

A

The Telegraph- Faulty electronic tags could have seen offenders wrongly sent back to jail
28 March 2017
Equipment used to monitor dozens of offenders or suspects in the community is faulty, it has emerged. Straps used to secure electronic monitoring tags could incorrectly trigger an alert suggesting they have been tampered with.
Tests indicate that more than 100 of the straps are faulty, while a small number of individuals may have been wrongly placed behind bars. The Liberal Democrats claimed it was a “colossal blunder”, while the Government insisted there was no risk to the public.