crime and law Flashcards

Question

rights of UK citizens

Answer 1

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

Answer 2

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.

Answer 3

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

Answer 4

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.

Answer 5

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.

Answer 6

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

Answer 7

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.

Answer 8

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

Answer 9

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).

Answer 10

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

Answer 11

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

Answer 12

the contempt of court act 1981

Answer 13

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

Answer 14

Aaron Campbell who was 16 at the time

Answer 15

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.

Answer 16

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.

Answer 17

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

Answer 18

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

Answer 19

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.

Answer 20

“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.’

Answer 21

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

Answer 22

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

Answer 23

social conservatives

Answer 24

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.

Answer 25

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.

Answer 26

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.

Answer 27

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.

Answer 28

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.

Answer 29

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.

Answer 30

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.

Answer 31

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.

Answer 32

David Emile Durkheim (1858 - 1917)

Answer 33

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

Answer 34

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.

Answer 35

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

Answer 36

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.

Answer 37

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

Answer 38

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.

Answer 39

The American functionalist Robert Merton

Answer 40

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.

Answer 41

genetic biological psychological

Answer 42

lack of education greed peer pressure poor role models alcohol and drugs poverty and geographical location

Answer 43

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.

Answer 44

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.

Answer 45

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.

Answer 46

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

Answer 47

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.

Answer 48

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.

Answer 49

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.”

Answer 50

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

Answer 51

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.

Answer 52

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

Answer 53

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

Answer 54

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.

Answer 55

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.

Answer 56

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.

Answer 57

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.

Answer 58

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.

Answer 59

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.

Answer 60

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.

Answer 61

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.

Answer 62

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 .

Answer 63

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.

Answer 64

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

Answer 65

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.

Answer 66

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).

Answer 67

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.

Answer 68

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

Answer 69

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’.

Answer 70

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

Answer 71

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

Answer 72

fines are dependent on income

Answer 73

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)

Answer 74

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

Answer 75

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

Answer 76

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

Answer 77

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

Answer 78

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

Answer 79

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

Answer 80

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

Answer 81

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

Answer 82

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

Answer 83

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.