Crime And The Law Flashcards

1
Q

Fully explain poverty as an economic cause of crime

A

Point – One reason why people commit crime is due to them living in poverty and therefore being
unable to meet their basic needs.

Explain – This may be due to the fact that they are unemployed or in a low paying jobs.

Example – People living in the most deprived areas of Scotland are 18% more likely to experience crime than those living elsewhere.

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2
Q

Fully explain greed as an economic cause of crime

A

Point – One reason why people commit crime is due to greed.

Explain – This means that people want what they can’t have to turn to crime to acquire it and to
increase their wealth, even if that involves breaking the law.

Expand – The most common types of crime associated with greed are fraud, embezzlement and
tax evasion.

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3
Q

Fully explain drug and alcohol use as a social cause of crime

A

Point – One reason why people commit crime is due to drug and alcohol abuse as people who are
addicted to drugs and alcohol may commit crimes such as robbery to fund their habit.

Explain – People under the
influence of alcohol and drugs are often more violent and aggressive
which can make them commit crimes such as assault.

Example – For example, in 2019/20 46% of all violent crimes committed in Scotland the offender was under the influence of alcohol.

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4
Q

Fully explain peer pressure as a social cause of crime

A

Point – One reason why some people commit crime is due to peer pressure.

Explain – Young people can be pressured into joining gangs, particularly in deprived areas such
as the Gorbals and are sometimes forced to take part in initiation tasks in order to prove themselves.

Example – This can lead to other criminal activities associated with gangs such as knife crime,
vandalism and anti-social behaviour.

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5
Q

Fully explain lack of role models as a social cause of crime

A

Point – One reason why some people commit crime is due to a lack of parental role models.

Explain – This means that due to a parent’s imprisonment, complex family structures or poor
attendance at school might mean that there is no trustworthy adult role model for a young person
to look up to.

Example – For example, 37% of prisoners in Scotland reported having family members who had
been convicted of a non-motoring offence.

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6
Q

Fully explain nature vs nurture as a biological cause of crime

A

Point – One reason why some people commit crime is due to the fact that some people believe that criminals are ‘born evil’.

Explain – People who are ‘born evil’ are physiologically distinct from non-criminals and that it is their ‘nature’ and they have no control over their ability to commit a crime.

Example – For example, Robert Thompson and Jon Venables murdered two-year-old James
Bulger when he was two and they were only ten. Due to their young age the tabloid press labelled
them the ‘sons of satan’ and many people claimed that the boys were simply “born evil”

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7
Q

Fully explain gender as a biological cause of crime

A

Point – One reason why some people commit crime is due to their gender with men committing far
more crime than women.

Explain – This means that men are more likely to act aggressively and dominate violent crimes
such as homicides and assaults.

Example – For example men commit 78% of all violent crimes in Scotland.

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8
Q

Fully explain a prison sentence as a consequence of crime on the perpetrator

A

Point - One consequence of crime for the perpetrator is that they are given a prison sentence.

Explain - If given a prison sentence they may then lose contact with their family and friends.

Expand - This could then lead to isolation and mental health issues which may hinder their
rehabilitation.

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9
Q

Fully explain a lack of career opportunities as a consequence of crime on the perpetrator

A

Point – One consequence of crime for perpetrators is a lack of career opportunities.

Explain – Perpetrators may lose their job if they have a criminal record and they may also find it
more difficult to get a job in the future as people may not employ them if they have a criminal record.

Example – For example if a lorry driver goes to jail for drunk-driving they will lose their licence and not be able to work

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10
Q

Fully explain being mentally scarred by an attack as a consequence of crime on the victim

A

Point – One consequence of crime for the victims is that they may be mentally scarred by an
attack.

Explain – This means that they may suffer from mental health issues such as anxiety or
depression or experience flashbacks or develop post-traumatic stress as a result of their ordeal.

Example – For example Thomas Brennan was stabbed in Glasgow in 2016 and now suffers from
nightmares and uses painkillers regularly.

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11
Q

Fully explain fear as a consequence of crime on the victim

A

Point – One consequence of crime for the victims is fear.

Explain - Victims of violent crime such as assault in particular may be fearful it will happen again
and so are afraid to leave their home.

Example - For example, they may have alarm systems fitted in their homes to make them feel
more secure.

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12
Q

Fully explain financial hardship as a consequence of crime on families

A

Point – One consequence of crime for the families is that they may experience financial hardship
due to a family member’s imprisonment.

Explain – This means that in some cases it could be the loss of the ‘breadwinner’ in the family who
brings in the most money and the family may struggle to survive as a result.

Example – For example some families may no longer be able to afford their rent or mortgage
payments and may lose their family home.

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13
Q

Fully explain losing loved ones as a consequence of crime on families

A

Point – One consequence of crime for the families is that they will lose their loved ones.

Explain – This means that will struggle to deal with the injustice of losing a family member and
may become depressed as a result.

Example – For example Alesha McPhail was murdered in 2015 and her family have never fully
recovered from the loss of their daughter.

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14
Q

Fully explain fear as a consequence of crime on communities

A

Point – One consequence of crime for communities is a culture of fear in the area and people will
not feel safe

Explain – An outbreak of violent crime in an area will lead some people in the community to be
less likely to leave their homes in the evenings or allow their children out to play as they may be
concerned for their safety.

Expand – People may move away from the area to feel more safe and house prices in the area
are then likely to fall.

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15
Q

Fully explain a negative reputation as a consequence of crime on communities

A

Point – One consequence of crime for communities is that they will gain a negative reputation.

Explain – People may start to stereotype individuals from area of high crime, leading to social problems and a lack of opportunities in that area.

Expand – Local services will suffer as businesses will not want to set up in areas with high crime rates, which will limit employment opportunities

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16
Q

Fully explain taxpayers money paying for the cost of crime as a consequence of crime on wider society

A

Point – One consequence of crime on wider society is that taxpayers money pays for the cost of
crime.

Explain – Taxpayers money will have to go towards paying for the costs associated with crime.

Example - For example the costs of trials, the costs of keeping a perpetrator in prison or the cost
to the NHS as a result of dealing with violent incidents.

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17
Q

Fully explain fear as a consequence of crime on wider society

A

Point – One consequence of crime on wider society is that crimes can create a culture of fear across the nation.

Explain – This can then result in people altering their way of life such as not letting their children out alone.

Example - For example, Scottish parents became more fearful about the safety of their children after the murder of Alisha McPhail.

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18
Q

Explain why Lesbian gay and bisexual people are more likely to experience crime

A

Point – One group that is more likely to be affected by crime are lesbian, gay and bisexual people.

Explain – Often people whose sexual orientation isn’t heterosexual have been victims of
homophobic or biphobia abuse.

Example – For example 1 in 5 people LGB people have experienced a hate crime

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19
Q

Fully explain why ethnic minorities are more likely to experience crime

A

Point – One group that is more likely to be affected by crime is ethnic minorities due to racism.

Explain – Often these people are victims of crime because of the colour of their skin, the race they
belong to or where they or their family were born.

Example – In Scotland in 2019 67% of all hate crime was race related.

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20
Q

Fully explain the high court of justiciary

A

Point – One court in Scotland is the High Court of Justiciary which is Scotland’s supreme criminal
court with jurisdiction over the whole of Scotland and almost all crimes.

Explain – The High Court deals with the most serious of crimes such as murder, rape and armed
robbery.

Expand – The high court has unlimited sentencing powers.

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21
Q

Fully explain the sheriff court solemn procedure

A

Point – One court in Scotland is the Sheriff court. It deals with both Summary Procedure and
Solemn Procedure.

Explain – Solemn procedure is for the most serious criminal offences heard in the Sheriff Court
such as violent assault, drug dealing and robberies.

Expand – For solemn cases the Sheriff court can issue an unlimited fine or a maximum of 5 years
in prison.

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22
Q

Fully explain the sheriff court summary procedure

A

Point – One court in Scotland is the Sheriff court. It deals with both Summary Procedure and
Solemn Procedure.

Explain – Summary procedure is for the less serious offences heard by the Sheriff Court, such as
drink driving, most anti-social behaviour and assaults.

Expand – For summary cases the Sheriff court can issue a maximum fine of £5000 or 12 months
in jail.

23
Q

Fully explain the justice of the peace court

A

Point – One court in Scotland is the Justice of the Peace Court which is a lay court where a
Justice of the Peace who is not legally qualified sits with a legally qualified Clerk.

Explain – They deal with minor prosecutions such as breach of the peace and driving offences.

Expand – The maximum sentence is a £2,500 fine and/or a maximum prison sentence up to 60
days.

24
Q

Fully explain 2 reasons why the criminal courts in Scotland are effective at tackling crime

A

Effective

Explain – The three different types of courts have different sentencing powers.

Example – For example, the High Court of Justiciary can impose an unlimited fine and a life
sentence in comparison to the JP court which has lesser powers. This is effective as people who
commit serious crimes are suitably punished.

Effective

Point – The criminal courts in Scotland are effective because they have the power to hand out a
variety of punishments depending on the circumstances of the perpetrator.

Explain – For example, a drug treatment and testing order may be given to someone who commits
crime as a result of drug misuse.
Example – This will tackle the causes of the crime and lead to the perpetrator being less likely to
reoffend in future whereas a jail sentence may not tackle the causes of crime but will simply
punish the perpetrator.

25
Q

Fully explain 2 reasons why the criminal courts in Scotland are not effective at tackling crime

A

Not effective

Point – The criminal courts in Scotland are not effective because they may have a maximum
sentence they can hand out.

Explain – Therefore some people may think that the sentence they are given is not harsh enough
and that the punishment does not fit the crime.

Example – For example a case heard at the Sheriff Court can only be given a maximum term in
prison of 5 years.

Not effective

Point – The criminal courts in Scotland are not effective because some guilty people get away with
their crimes.

Explain – This is because Scotland has the Not Proven verdict which means that if a jury finds
someone guilty but they don’t feel there is enough evidence to convict that person they can be
found Not Proven.

Example – For example, 1 in 5 rape trials results in the Not Proven Verdict which means that the
offenders go unpunished.

26
Q

Fully explain the structure of the children’s hearing system

A

Point - The Children’s Hearing System is Scotland’s unique care and justice system for young
people.

Explain – It is for young people who have committed an offence and/or for whom there are
concerns.

Expand – The aim of the system is to work in partnership with lots of agencies to help children
who need support.

27
Q

Fully explain making legal decisions as a role of the children’s hearing system

A

Point – One role of the Children’s Hearing System is to listen and make legal decisions with and
for children and young people.

Explain – This means that the panel hear information from young people and key adults in an
informal setting on which they base their decisions.

Example – For example the panel may decide to impose a compulsory supervision order stating
where the young person must live.

28
Q

Fully explain protecting children from being neglected/abused as a role of the children’s hearing system

A

Point – One role of the Children’s Hearing System is to help young people who are being
neglected or abused.

Explain – This means that if a child is in danger and deemed to be “at risk” they can be removed
from the dangerous situation.

Expand – This puts the child into a safer environment and protects them from any danger.

29
Q

Fully explain discussing offending behaviour and offering support as a role of the children’s hearing system

A

Point – One role of the Children’s Hearing System is to help young people by providing a relaxed
atmosphere in which they can discuss their offending behaviour without judgement.

Explain – This means that the Children’s Hearing System will try to deal with the reasons why
young people commit crime and offer support for them to stop them reoffending.

Expand – It is less intimidating that an adult court and they will get support from their school, social
work and the police to change their behaviour.

30
Q

Fully explain the minimum pricing act

A

Point – One way that the government is tackling crime is by introducing The Alcohol (Minimum
Pricing) (Scotland) Act (2012).

Explain – This act introduced a minimum price for alcohol of 50p per unit.

Expand – This was to reduce the amount that people would drink, especially of cheap, strong
alcohol, such as Frosty Jacks cider.

31
Q

Fully explain the Alcohol Scotland Act

A

Point – One way that the government is tackling crime is by introducing The Alcohol Scotland Act (2010).

Explain – This act banned certain promotions in off licences and supermarkets.

Example – For example shops are not allowed to try to persuade customers to buy more alcohol
than they intended with offers e.g. by offering Buy One Get One Free or buy 3 bottles for £10.

32
Q

Give 2 reasons why alcohol laws are effective

A

Point – Minimum pricing is effective because it will reduce the amount people drink as it is more
expensive therefore people will drink less.

Explain – For example, Frosty Jacks cider increased from £3.69 to £11.25 as a result of the 50p
per unit minimum pricing.

Example – As a result, sales of Frosty Jacks cider have reduced by 70% since the minimum
pricing was brought in.

Effective

Point – Minimum pricing is effective because alcohol related deaths have dropped since it was
introduced.

Explain – This is because less people are drinking to a harmful level as they cannot afford it.

Expand – Alcohol related deaths in Scotland have dropped by 13% since minimum pricing was
introduced.

33
Q

Fully explain 2 reasons why alcohol laws are not effective

A

Point – Minimum pricing is not effective it disproportionately punishes the poor.

Explain – Although it makes it more difficult for people to obtain alcohol the law does nothing to
tackle the causes of this drinking.

Example – For example alcohol related deaths are 7 times higher in the most deprived areas of
Scotland compared to the least deprived and this law does nothing to tackle the underlying causes
of alcoholism.

Not effective

Point – Minimum pricing is not effective because it will not change the cultural problems causing
alcohol abuse as people who want to drink alcohol will still find a way to get it, no matter the cost.

Explain – This could lead to even more crime as people turn to theft to acquire alcohol.

Example – For example shop owners have seen a sharp rise in shoplifting since the minimum
pricing was introduced.

34
Q

Fully explain arrest and detainment as a police response to crime

A

Point – One power of the police is the power of arrest and detainment.

Explain – This means that a police officer has the power to arrest you without a warrant (a legal
document) if they have reasonable grounds to suspect that you have committed an arrestable
offence or are committing an offence.

Example – For example if the police officer sees you in the act of committing a crime they can
arrest you on the spot.

35
Q

Fully explain stop and search powers as a police response to crime

A

Point – One power of the police is the power of stop and search.

Explain – This means that a police officer has the power to stop and ask for your name and
address as well as where you are going and where you have been.

Example – They can also search you and your bag if they have grounds for suspecting that they
will find stolen or prohibited articles, for example if they believe you have drugs in your
possession.

36
Q

Fully explain presence at large events as a police response to crime

A

Point – One role of the police is to reduce crime by being present at large public events to act as a
deterrent to crime.

Explain – This means that their presence may stop people from committing crime in the first place.

Example – For example, the police are present at TRNSMT festival each year to detect drugs and
will arrest anyone in possession of drugs, deterring people from bringing them to the festival.

37
Q

Fully explain campaigns to prevent crime as a police response to crime

A

Point – One role of the police is to prevent crime from happening by launching campaigns to make
people more aware of crime.

Explain – These campaigns will target the general public to help prevent them becoming a victim
or targets potential perpetrators to stop them committing crimes.

Example – For example, in 2020 Police Scotland were raising awareness of disability hate crime
as part of the #DontTolerateHate campaign

38
Q

Fully explain community policing (area) as a police response to crime

A

Point – One police response to crime is community policing.

Explain – This means that police officers get to know the public and develop local relationships
with residents and workers in an area.

Example – For example, police could regularly talk to residents in a housing scheme and a
relationship of trust could be built. This would make it more likely that residents would confide in
the police about crimes within the area such as drug dealing and provide information to detect or
prevent such crimes.

39
Q

Fully explain community policing (school) as a police response to crime

A

Point – One police response to crime is community policing as school police officers.

Explain – This means that a campus police officer will work in a school with young people to deal
with any issues affecting them and by educating them on the law.

Example – For example, campus police may educate young people on drink driving laws in PSE
lessons to try to reduce the amount of drink driving incidents in the area

40
Q

How does recorded crime show that crime is a problem in Scotland

A

Point – One way that highlights that crime is a problem in Scotland is the overall increase in
recorded crimes.

Explain – Between 2017-2018 and 2018-2019 the number of recorded crimes increased by 1%.

Example – However the recording of crimes is still at one of the lowest levels since 1974

41
Q

How does sexual crime show that crime is a problem in Scotland

A

Point – One way that highlights that crime is a problem in Scotland is the increase in sexual
crimes.

Explain – The number of sexual crimes increased by 8% between 2017-2018 and 2018-2019.

Example – The recording of these crimes is at the highest level since 1971.

42
Q

Fully explain one reason that the police are effective

A

Point – One argument that the police are effective is due to the low levels of crime in Scotland.

Explain – The police have a role to play along with the courts, government and prisons service in
addressing crime. The fact that crime is at a near record low suggests that they are effective.

Example – For example, crime is nearly at its lowest level since 1970.

43
Q

Fully explain one reason the police are not effective

A

Point – It can be argued that the police are ineffective due to the number of unsolved murders in
Scotland.

Explain – An important job of the police is to investigate murders and bring justice for the victims
but the number of unsolved murders suggests they are somewhat ineffective.

Example – For example, there are around 1000 unsolved murders since 1960 in Scotland.

44
Q

Fully explain rehabilitation as a purpose of prisons

A

Point – One purpose of prison is to rehabilitate.

Explain – Prisoners are supported through access to therapy, or educational programs as well as
planning and information sessions in the lead up to their release. They are also supported to
develop and maintain relationships with their family and friends. This is to reduce the risk of re-
offending.

Example – For example, throughout the COVID pandemic prisoners had access to the internet
and video calls to keep in touch with their families.

45
Q

Fully explain punishing offenders as a purpose of prisons

A

Point – One purpose of prisons is to punish offenders.

Explain – Prisons punish criminals by removing their freedom. They no longer have access to
luxuries such as phones, expensive clothes, money or holidays. They are excluded from society
and kept separate from the rest of the population.

Example – For example, Scottish Government advise that prison sentences are only kept for the
most serious of crimes as it is such a harsh punishment. Most crimes are dealt with through fines
or community service.

46
Q

Fully explain keeping people safe as a purpose of prison

A

Point – One purpose of prisons is to keep people safe.

Explain – Prisons keep people safe as they take criminals off the streets and restrict their freedom.
This stops criminals from being able to commit further crimes as they are kept within a facility that
is constantly monitored by CCTV and prison officers.

Example – For example, Andrew Wallace is now serving a life prison sentence and so will
not have the opportunity to be on the streets and hurt another person again.

47
Q

Fully explain 3 reasons why prisons are effective

A

Point – One reason that prison can be effective is that it can help people learn to cope with life
outside through rehabilitation.

Explain – This means that prisons help to address the reasons why someone committed a crime
and make them less likely to re-offend again.

Example – Prison does this by giving counselling, providing an education and helping prisoners
gain skills for the world of work. For example in 2019 an extra £3.4 million was given for prisoner
rehabilitation.

Point – One reason that prison can be effective is that depriving someone of their freedom is a
good form of punishment.

Explain – This is effective because it is a form of justice for the victims who are left to deal with the
consequences. This is important as it can help the victim to achieve closure if they feel that the
prison is a fair punishment.

Example – For example Alexander Pactaeu was jailed for life for murdering Karen Buckley which
provided justice for her family.

Point – One reason that prison can be effective is because they keep the public safe.

Explain – By locking up dangerous criminals, prison helps to keep people off the streets who might
otherwise commit horrific crimes.

Example – For example violent crime in Scotland is down by 40% since 2008 suggesting that
there have been dangerous criminals taken off the streets.

48
Q

Fully explain 3 reasons why prisons are not effective

A

Point – One argument that prison may not be effective is because the rate of reoffending is quite
high.

Explain – A lot of time and money is wasted in convicting criminals and housing prisoners multiple
times. The fact that so many reoffend suggests that prison is ineffective.

Example – For example the reconviction rate for prisoners is 27.%.

Point – One argument that prison may not be effective is because of the high cost.

Explain – It costs a lot of money to keep someone in prison that could be put to better use by
being spent on other services such as health care and education.

Example – For example, it costs £35, 293 a year to keep a prisoner imprisoned in Scotland.

Point – One argument that prison may not be effective is because of overcrowding.

Explain – Many of Scotland’s prisons are old and Victorian in design, therefore not designed to
house the number of prisoners they currently do. This can create violent and chaotic conditions
and makes it difficult for prison officers to control the abuse of drugs or acts of violence between
prisoners.

Example – For example Barlinnie prison has 1,400 prisoners when it was designed for 987.

49
Q

Fully explain a community payback order

A

Point – One punishment used as an alternative to prison is a community payback order.

Explain – This means that a perpetrator must complete between 80 and 300 hours of unpaid
supervised work within six months of their sentence.

Example – The work involves paying back to the community through unpaid work, such as;
clearing snow or ice, maintaining public gardens and parks or repainting community centres.

50
Q

Fully explain a home detention curfew

A

Point – One punishment used as an alternative to prison is a home detention curfew or electronic
tag.

Explain – This means that a perpetrator must complete wear an electronic tag around the
offender’s ankle which monitors their movements and restricts them in where they go.

Example – They can either be restricted from a certain place for up to 24 hours a day for 12
months or be given a curfew to be in their own home for up to 12 hours per day for 12 months

51
Q

Fully explain a fine

A

Point – One punishment used as an alternative to prison is a fine.

Explain – This means that a perpetrator must pay a sum of money to either the court or to the
victim as compensation.

Example – For example the Sheriff Court can give a maximum fine of £500

52
Q

Give one reason that prison is effective

A

Point – One reason that CPO’s are effective is because this type of punishment makes the
offender less likely to reoffend.

Explain – This is because the offender is given access to programmes that deal with the root
causes of their offending and is contributing something back to society and taking responsibility for
their actions.

Example – The reconviction rate for those serving CPO is 14% lower than those serving time in
prison according to the Howard League for Penal Reform.

53
Q

Give one reason that prison is not effective

A

Point – One reason that home detention curfews are not effective is because many people see it
as a ‘soft’ option and feel that the offender is not being punished enough.

Explain – This is because the offender can continue to have their liberty to an extent and will
continue to live a relatively normal life.

Example – This means that the victim of the crime will not feel any justice has been done and that
the offender has got away with their crime.