Crime and the Law Flashcards
1
Q
Describe in detail categories of crime in Scotland
A
- One category of crime in Scotland is Crimes of dishonesty. These are any crimes committed by cheating or deceiving a business or person. For example, Former MP Natalie McGarry embezzled £25000 intended for charity
- Another category of crime is non-sexual violent crime. These are crimes in which damage is caused to a person or property but no sexual violence occurs. for example the murder of Julie Riely in 2018 at the hands of Andrew Wallace.
2
Q
Describe in detail types of crime in Scotland
A
- One type of crime in Scotland is embezzlement. This is the misappropriation of funds placed into one’s trust by their employer. For example former MP Natalie Mcgarry who embezzled £25000 intended for charity.
- Another type of crime in Scotland is murder. This is the intentional killing of another person. For example the murder of Julie Reily in 2018 at the hands of Andrew Wallace.
3
Q
Describe in detail the level/rate of crime in Scotland.
A
- Crime overall in Scotland has decreased by 4%, from 299452 to 286464. This fall was driven by an 81% reduction under coronavirus-related legislation. For example, crime rates have been at the lowest seen since 1974
- Crimes against society have decreased by 14% from 70737 to 61059. Most of these crimes are related to drug possession or possession of an offensive weapon.
4
Q
Describe, in detail, evidence that crime in Scotland is an increasing problem
A
- Non-sexual crimes of violence increased by 12%, from 61,913 to 69,286. This was driven by a rise in Common assault (also up 12%), which makes up the clear majority (84%) of all non-sexual crimes of violence recorded in 2021-22.
- -Sexual crimes increased by 15%, from 13,131 to 15,049. These crimes are now at the highest level seen since 1971, the first year for which comparable groups are available.
5
Q
Describe, in detail, that crime rates in Scotland are decreasing
A
- Crime overall in Scotland has decreased by 4%, from 299452 to 286464. This fall was driven by an 81% reduction under coronavirus-related legislation. For example, crime rates have been at the lowest seen since 1974
- Crimes against society have decreased by 14% from 70737 to 61059. Most of these crimes are related to drug possession or possession of an offensive weapon.
6
Q
Explain, in detail, why some groups are more likely to be affected by crime than others
A
- Ethnic minorities, due to racism. 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. Racial crime remains the most reported hate crime. For example, 3,107 charges relating to race crime were reported in 2021-22.
- Religious minorities, due to bigotry. People who are attacked because of their religion are often a religious minority, such as Jewish or Muslim. Bigotry is more common in the West of Scotland in the form of Sectarianism. For example, there were 512 charges with a religious aggravation reported in 2021-22,
- A third minority group that is more likely to affected by crime is lesbian, gay and bisexual people because of homo/biphobia. At times, people whose sexual orientation is not heterosexual (straight) have been found themselves victims of homophobic or biphobia abuse in our society. Sexual orientation aggravated crime is the second most reported type of hate crime. For example, the number of charges reported increased by 10% in 2021-22 to 1,781
7
Q
Explain in detail why some groups are more likely to commit crime than others
A
- Some people are more likely to commit crime because they were exposed to trauma. A history of adverse childhood experiences makes some individuals more likely to suffer from low from self-esteem and vulnerabilities that make it easier for them to be persuaded to engage in criminal behaviour. For example, The Edinburgh Study of Youth Transitions and Crime found that bereavement, relationship breakdown, having a serious accident, and a history of drug abuse in childhood are linked to higher rates of offending.
- Some people are more likely to commit crime because they are living in poverty. They may turn to crime to provide what they can’t afford if get the basics to survive in life. For example, shoplifting accounts for 25% of all crimes of dishonesty, which is explained in part by survival shoplifting, which is when people steal items such as food and clothing.
- Some people are more likely to commit crime because they are living in or have lived in care. Looked-after children are more likely to have been exposed to adverse childhood experiences and are at greater risk of social, emotional and behavioural difficulties, including anti-social behaviour. This can make it difficult for them to build stable relationships with long lasting positive role models and this can create a vicious cycle for young people. For example, they may have multiple placement breakdowns and are therefore more likely to be placed in residential care, in which stability and long-term care is more difficult to establish and provide.
This, in turn, reinforces the likelihood of entering the youth justice system.
8
Q
Explain in detail social factors that cause crime
A
- Drug and alcohol addiction
Someone may commit a crime to fund or meet their addiction, and others may commit a crime while under the influence of substances because they can affect our understanding of what is right and wrong. For example, the Scottish Government found just under 2/3rds of violent crime is committed while someone is under the influence of alcohol - Adverse childhood experiences
People with Adverse Childhood Experiences such as physical abuse, neglect, growing up in households where drugs are used or someone has been jailed, are more likely to become a perpetrator of crime themselves. This is because they may not have a positive role model. For example, the BBC reports that people with adverse childhood experiences are 20 times more likely to be in prison in their life. - Social pressure Toxic masculinity is an issue in Scottish culture, which means that men may feel pressured to act in a particular way and avoid showing emotions. This may pressure boys and men to commit crimes to show that they are strong and in charge. For example, approximately in 2020-21, 80% of domestic abuse cases (crimes about control) had a male perpetrator and a female victim.
9
Q
Explain in detail economic factors that cause crime
A
- Greed This is when someone acts on the selfish desire to get more of something - this is often money. They may do so due to jealousy or to live beyond their means. For example, the former SNP MP Natalie McGarry was jailed for embezzling more than £25,000, including donations intended for a foodbank.
- Unemployment
This can lead to the individual having fewer options to survive financially and make a living legally. In areas with high unemployment, there is a trend of higher corresponding rates of crime. For example, unemployment is high in Maryhill and there is also a higher number of gang related crime, including the shooting, including the murder of Kenny Reilly in 2018. - Poverty For those who cannot afford the basics to survive in life they may turn to crime to provide what they can’t afford. For example, shoplifting accounts for 25% of all crimes of dishonesty, which is explained in part by ‘survival shoplifting’, which is when people steal items such as food and clothing.
10
Q
Explain in detail biological factors that cause crime
A
- Psychological factors
Biological Factors
Someone with antisocial personality disorder (previously known as ‘psychopathy’) are people who may disregard the feelings of others, act violently and/or lack remorse. This means they are less likely to feel guilt or regret for committing crimes so may be more likely to do so. For example, Aaron Campbell who killed Alesha MacPhail was labelled a psychopath by experts, who also warned he should never be let out of prison.
Hormones - DevelopmentaI immaturity
It is argued by some that young people (juveniles) should not be held to the same standards of criminal responsibility as adults, because they aren’t as well equipped to make decision decisions or resist peer pressure. For example, in 2020, judges in Scotland decided to try and reduce the number of 25-year-olds sent to jail because evidence suggests their brains had not yet matured enough to be treated the same way as an adult. - Hormones in our body affect our growth and our brains. Men have higher levels of the hormone testosterone than women which often make them historically more aggressive and prone to higher risk taking. This aggression or risk taking could make them more likely to take part in violent crimes. For example, around 90% of all prisoners in a Scottish prison are male compared to 10% who are female.
11
Q
Describe, in detail, the consequences of crime on the perpetrator.
A
- Crime can have physical consequences/a physical impact on the perpetrator if they are given a custodial sentence.
The fact that they are physically imprisoned and means that they will not be able to move freely in society. For example, Aaron Campbell was sentenced to life imprisonment with a minimum of 27 years for the abduction, rape and murder of Aleshia MacPhail (later cut to 24 on appeal) and cannot physically leave Polmont Young Offender’s Institute, unless there are exception circumstances such as his recent hospital visit after being attacked by another prisoner. - Crime can have social consequences/a social impact on the perpetrator because they may lose contact with their families while in prison. Practical aspects of the prison regime can limit the extent to which the person in custody can play a full and active role in family life. For example, visiting times may clash with other family commitments, or the person in custody may not be able to access (or afford to use) the telephone to talk to family members and maintain relationships. This can have a negative effect on their mental health and reduce the support structures they could have had in place that may have prevented them from returning to criminal behaviour upon release:
12
Q
Describe in detail consequences of crime on the victim
A
- Crime can have physical consequences/a physical impact on the victim because some crimes (such as physical assault) can lead to injury. This means that they may need hospital treatment and other medical services such as physiotherapy for their daily life to return to the way it was before the fell victim to this crime. For example, in 2022 a man suffered a serious head injury after being attacked near Glasgow Central Station (Gordon Street) and had to be taken to Glasgow Royal Infirmary for treatment.
- Crime can have social consequences/a social impact on the victim because they be so distressed that they retreat trom society because of fear or distrust of others. The trauma they faced when they fell victim to crime may be long lasting (PTSD) and they may feel safer isolating themselves moving forward, when instead they require support to work through their trauma. For example, in 2020 an elderty woman robbed at knife point for three hours in her home in brox, which police described as a “prolonged” and “traumatic’ experience.
13
Q
Describe, in detail, the consequences of crime on families.
A
- Came can have physical consequences/a physical impact on families because they are physically separated. If a family member is serving a long-term sentence in in a prison far away from the home, it can make travelling to visiting times consuming and, at times, unaffordable. For example, the Scottish Prison Service has reported that 16,500 children lose a parent to imprisonment each year.
- Crime can have social consequences/a social impact on families because they may face the stigma associated with having a family member convicted. This means that they may be shunned or excluded within the community and feel judged for the actions of their family when it was out with their control. For example, the children of imprisoned parents, who are at least twice as likely to experience mental health problems, be affected by poverty, become Isolated and feel stigmatised.
14
Q
Describe, in detail, the consequences of crime on communities.
A
- Crime can have physical consequences/a physical impact on communities because areas with high levels of crime can become physically unattractive due to vandalism. Shops and other amenities may close, and people may want to move away but struggle to sell their house. This creates a vicious cycle that is hard to break. For example, people may find themselves stuck in an undesirable area and not feel safe enough to participate in making their communities better, which in turn causes standards to fall further.
- Crime can have social consequences/a social impact on communities because it can damage community spirit and whole communities can be incorrectly labelled ‘bad’. Schools in high crime areas may find it hard to recruit and retain staff and this could lead to a lower quality of education. There are clear links between crime, poverty and lower educational attainment. For example, Dundee City and Glasgow City have the highest crime rates in Scotland (2023/24) and these continue to the be two of the main areas of focus in the Scottish Attainment Challenge.
15
Q
Describe, in detail, the consequences of crime on wider society.
A
- Crime can have physical consequences/a physical impact on wider society because it creates areas that are ‘desirable’ and ‘undesirable’. Areas with high crime rates may be less desirable to investors, due to higher rates of anti-social behaviour, and this can make people less reluctant to invest their time and money in the area by buying property there. This in turn exacerbates the wealth divide and leads to people ‘avoiding’ certain areas. For example, Drummoyne is one of the areas with the highest crime rates in Glasgow and it is deemed less desirable to live in this area than wealthier areas with lower crime rates, such as Jordanhill.
- Crime can have social consequences/a social impact on wider society because it can put increased pressures on health of our nation. Increased rates of cyber-crime can result in more victims requiring support for depression, PTSD and suicidal tendencies. There is also evidence that the growing number of victims initially tend to turn to negative coping strategies such as alcohol abuse, before as seeking counselling. This is an increasing problem that will continue to put more pressure on services, for example in 2020-21, over 14,000 cyber-crimes were recorded by the police in Scotland, and this has almost doubled compared to in 2019-20.
16
Q
Describe, in detail, the consequences of crime on a group you have studied.
A
- Crime can have physical consequences/a physical impact on ethnie minorities, as they/or their property may be harmed as part of a hate crime. This may involve physical assault of an individual or vandalism of their property that was motivated by hostility or prejudice based on race. This group are also more likely to face the consequences on crime depending on where they live, for example in 2022-23, the number of hate crimes recorded by Police Scotland per 10,000 of the population was highest in Glasgow City and the City of Edinburgh local authority areas.
- Crime can have social consequences/a social impact on ethnic minorities because they might feel vulnerable in their communities and may withdraw from society as a result. This can in turn result in mental health issues due to isolation, or the physical impacts of toxic stress. For example, there is evidence of hate crimes directed at ethnic minority groups in the form of fly tipping or dumping rubbish at someone’s door, and this can understandably make the individual less likely to leave their home unless completely necessary.
17
Q
Describe, in detail, the structure and powers of the criminal courts.
A
- One court in Scotland is the Justice of the Peace which can fine offenders. This court deals with less serious criminal cases such as well as road traffic cases. It will always follow summary procedure and will give out small punishments such as fines. For example, the Justice of the Peace court can give out a fine for up to £2,5000 for crimes such as petty theft and breach of the peace.
- A second court in Scotlandis the Sheriff Court and it can issue a Community Payback Order to offenders. This court uses summary or solemn procedure to deal with serious crimes and may issue punishments, such as forcing people to do work in their local community to try and make up for their crimes. For example, the Hamilton Sheriff Court gave a CP to Mark McLean for racist and abusive behaviour.
18
Q
Describe, in detail, the role of the criminal courts.
A
- One tole of the countat courts is to determine gulle. This means that the court will hear all the arguments ans evidence to decide if someone has committed a crime. For example, the former SP MP Natalie McGarry was found guilty at Glasgow Sheriff Court of embezzlement and given a prison sentence of two years.
- A second rote of the courts is to punish) This means that after deciding if someone is guilty the judge in the court must decide in what way they should be punished for the crime. They will consider a lot of things, including previous history/behaviour. For example, the Hamiton Sheriff Court issued a community payback order to Mark Mclean for racist and abusive behaviours, which he then broke
19
Q
Explain, in detail, why the criminal courts in Scotland are effective in tackling crime.
A
- One argument that the courts are effective is that, where necessary, they imprison perpetrators of crime in Scotland. All three criminal courts can send someone to prison for the crimes that they have committed as an appropriate way of punishing them for their crimes and bringing about justice for victims. For example, many will feel that sending Kevin Guthrie to prison after he sexually assaulted a woman in Glasgow was an effective way the courts responded to this crime of sexual violence.
- A second argument that the courts are effective is that they deter people from committing crimes. A key role of the courts is to punished offenders for what they have done so other potential criminals might be put off committing crimes after seeing how others were punished. For example, the courts can issue tougher punishments for people who commit hate crimes as a way of deterring people from being racist or homophobic.
- A final argument that the courts are effective is that they keep the public safe. By locking up dangerous criminals the courts they keep people off the streets who might otherwise commit horrific crimes. For example, by locking up Aaron Campbell, the murderer of Alesha MacPhail, the courts prevented him from potentially harming others.
20
Q
Explain, in detail, why the criminal courts in Scotland are ineffective in tackling crime.
A
- It can be argued that the courts are ineffective due to the high rates of reoffending. This is where the people coming out of prison have not addressed the reasons why they were jailed and commit more crimes. For example, reoffending from those serving prison sentences of one year or less are 51.7% and re-offending by those receiving a community payback order is 29.2%
- It can be argued that the courts are ineffective because they are not deterring enough criminals. One purpose of the courts is to deter others from committing crimes but the fact that there has been an increase in crimes that are violent in nature such as murder, assault and robbery, suggest that they are not fully effective. For example, non-sexual crimes of violence have increased by 12%.
- it can be argued that the courts are ineffective because some guilty people get away. Due to the fact that Scotland has the not proven verdict, a jury may feel someone is guilty but not have enough evidence to convict. This will result in them returning a not proven verdict, leaving the accused free to walk away and potentially offend. For example, approximately 1 in 5 rape trials results in the not proven verdict.
21
Q
What are the key stages of the children’s hearing system
A
- The referral
• This is when someone with a concern contacts the reporter. - The investigation
• This is when the reporter looks into the referral and decides if any further action is required (a hearing) or if the case should be closed. - The hearing of the Children’s Panel
• This is when the panel members (who are volunteers) will meet with the child/young person and their representative, the family and maybe teachers and social workers if relevant.
• They meet around a single table. It is not a court and as informal as possible to help everyone relax.
• The case will be discussed openly in front of and with the child/young person - The outcome
• This is when any decisions about the child/young person will be taken and actioned.
22
Q
Describe, in detail, the role and structure of the Children’s Hearing System.
A
- One role of the Children’s Hearing System is to have the reporter investigate any referrals. It is the job of the reporter to investigate allegations or concerns that have been forwarded onto the hearing system. They will gather evidence and statements and only then make the decision if a panel should be held. For example, if the police were concerned about the behaviour of a young person, then it would be referred to the reporter who would then investigate and decide if it is in the interests of the child to go further. According to the Hearing System 75% of all referrals come from the police.
- A role of the Children Hearing System is to organise a panel. After a referral and an investigation, the reporter must decide if a panel should be organised. If this is the case then they will contact all the people that are involved including the panel members, the child’s school, the child and their family. For example, there will be three panel members who are volunteers, but you will also almost always have a teacher, the child, a social worker, a safe-guarder and the family in attendance at a meeting.
23
Q
Describe, in detail, the powers of the Children’s Hearing System.
A
- One power of the Children Hearing System is to have a child supervised in their home. This is another form of a compulsory supervision order and it means that a child can live at home with their parents or carers, while being supervised by a social worker who will visit the home. For example, someone who has been truanting from school may face regular visits from a social worker to discuss and monitor their attendance.
- A second power of the Children Hearing System is to remove a child from their home. This is one form of a compulsory supervision order and it means that a child will be removed from their home to live in a foster home or residential school for their protection and welfare. For example, someone may be removed from their home if they have been a victim of abuse or are unsafe.
24
Q
Describe, in detail, government responses to crime in Scotland.
A
- One government response to knife crime has been to fund the No Knives Better Lives education program. Scotland used to be known as the knife crime and murder capital of Europe, so NKBL was rolled out to tackle knife crime by tackling the reasons why people carry a knife in the first place. For example, it has worked with local authorities with high levels of knife crime like Glasgow and used a mix of hard-hitting videos, competitions and peer educators. Since 2018 police in London and other English cities have been looking to learn from Scotland’s success in tackling knife crime.
- One government response to alcohol related crime has been to introduce laws to reduce alcohof consumption: The Government hope is that this will encourage people to drink less alcohol which will in turn reduce the number of crimes that are committed while under the influence of alcohol. For example, they introduced Minimum Unit Pricing for alcohol, which made stronger alcoholic beverages and those more likely to be associated with problematic behaviour (including Buckfast) more expensive. The Taking Stock of Violence in Scotland report found by 2019 that the number of offenders under the influence had decreased significantly since 2008/09.
25
Explain, in detail, why government responses to crime have been effective.
1. One government response to knife crime has been to fund the No Knives Better Lives education program. Scotland used to be known as the knife crime and murder capital of Europe, so NKBL was rolled out to tackle knife crime by tackling the reasons why people carry a knife in the first place. For example, it has worked with local authorities with high levels of knife crime like Glasgow and used a mix of hard-hitting videos, competitions and peer educators. Since 2018 police in London and other English cities have been looking to learn from Scotland's success in tackling knife crime.
2. One government response to alcohol related crime has been to introduce laws to reduce alcohof consumption: The Government hope is that this will encourage people to drink less alcohol which will in turn reduce the number of crimes that are committed while under the influence of alcohol. For example, they introduced Minimum Unit Pricing for alcohol, which made stronger alcoholic beverages and those more likely to be associated with problematic behaviour (including Buckfast) more expensive. The Taking Stock of Violence in Scotland report found by 2019 that the number of offenders under the influence had decreased significantly since 2008/09.
3. The Scottish Government has funded the Violence Reduction Unit to address gang related crime. The VRU is funded to tackle gang crime as if it was a disease, which means the team attempt to target the causes of gang crime before it happens, rather than just waiting to punish people. For example, the VRU in Glasgow has employed former offenders to help them turn other gang members away from crime and get them the education, training and support they needed to get away from being in a gang. London Police have been visiting Glasgow to learn about the VRU and its success, for example murder rates in Glasgow have dropped around 60% in 10 years.
26
Explain in detail why government responses to crime are ineffective
1. One government response to knife crime has been to fund the No Knives Better Lives education program. Scotland used to be known as the knife crime and murder capital of Europe, so NKBL was rolled out to tackle knife crime by tackling the reasons why people carry a knife in the first place.
For example, knife crime is still an issue in Scotland as we can see through various case studies, including that of James Wright who had previous knife convictions and went on to stab a father of three in Paisley.
2. One government response to alcohol related crime has been to introduce laws to reduce alcohof consumption: The Government hope is that this will encourage people to drink less alcohol which will in turn reduce the number of crimes that are committed while under the influence of alcohol. For example the issue has not been completely resolved as in recent years the government found that around 2/3 of serious assaults are still committed while under the influence.
3. The Scottish Government has funded the Violence Reduction Unit to address gang related crime. The VRU is funded to tackle gang crime as if it was a disease, which means the team attempt to target the causes of gang crime before it happens, rather than just waiting to punish people. For example, across Scotland as a whole non-sexual crimes of violence have increased by 12%, from 61,913 to 69,286. This was driven by a rise in common assault (also up 12%), which makes up the clear majority (84%) of all non-sexual crimes of violence recorded in 2021-22.
27
Describe, in detail, the role of the police in Scotland.
1. One of the most important roles of the police is to prevent crime from happening. To be effective, the police will often launch campaigns to make people more aware of different types of crime. These campaigns target the publi to help them prevent becoming a victim/targets potential perpetrators or to stop them committing crimes. For example, Police Scotland have been launching a few campaigns each year and in 2020 were raising awareness of disability hate crime as part of the #DontTolerateHate campaign.
2. One other role of the police is to investigate Depending on thenimes the hater happened or are suspected to happen, Police Scotland will use the resources that variety of different methods to i departments and the powers tapey have. For example, Police Scotland used a variety of different methods to investigate the murder of julie Reilly including blood analysis, CCTV, marine and dog units.
28
Describe, in detail, the structure of the police in Scotland
1. One division of the police is known as the Specialist Crime Division (SCD, The Specialist Crime Division (SCD) provides specialist investigative and intelligence functions when a serious crime takes place, or public safety is under threat from criminals. For example, major crime investigation, public protection, organised crime, counter terrorism, intelligence and safer communities.
2. Another division of the police is the Operational Support Division (OSD), It ensures every community in Scotland has access to specialist policing services and has various functions. For example, road policing, firearms, public order, air support, marine policing, dogs and mounted branch, as well as emergency and events planning.
29
Explain, in detail, the powers of the police in Scotland.
1. The power to detain and arrest.
Warrants are legal documents that state the grounds for arrest. A police officer has the power to arrest without a warrant if they have reasonable grounds for suspecting that the individual has committed or is committing a crime. For example, if you are seen committing a crime or running away from the scene. A police officer can also arrest without a warrant if they suspect an individual on the grounds of terrorism.
2. The power to seize goods.
The police have the power to seize and retain anything that they consider to be relevant to an offence. They can seize cash of £1,000 or more if they suspect that it could be the proceeds of crime. They also have the power to confiscate items. For example, they can confiscate alcohol from people under 18 who are drinking in a public place or fireworks that they think may be used for anti-social purposes.
3. The power to enter a premise.
In general, the police don't have the right to enter a house or other private premises without permission or a search warrant, however there are exceptions to this rule. There are various statutes which give powers of entry to different kinds of premises and the police can enter in certain situations. For example, they can enter without a warrant to sort out a disturbance, if they hear cries for help, or to enforce an arrest warrant.
30
Explain, in detail, reasons why the police in Scotland are effective in tackling crime.
1. It can be argued that the police are effective in tackling crime because of their use of prevention strategies. This includes strategies that will hopefully stop crime from happen in the first place, such as having a community police officer. For example, in some schools in Scotland there is a Campus Cop who is there to build relationships between the police and students as well as deal with any issues, which has been praised by North Lanarkshire Council's Conservative Group.
2. It can be argued that the police are effective in tackling crime due to the investigations they carry out. A key role of the police is to make sure that those who commit a crime are found and are punished for what they have done, therefore the police will use their departments to investigate and gather evidence so that courts can find someone guilty. For example, the police used many resources like the dog unit, air unit and diving unit to gather evidence to both find Julie Reilly's body but to also find her killer Andrew Wallace.
3. It can be argued that the police are effective in tackling crime because they keep the public safe. The police are effective at protecting people at large scale events, such as concerts and football games, by patrolling the events. Their presence can help deter criminals. For example, the police can be seen regularly at Glasgow Airport, and events such as the COP 26 Conference in Glasgow and large concerts like TRNSMT.
31
Explain, in detail, reasons why the police in Scotland are ineffective in tackling crime.
1. It can be argued that the police are ineffective when it comes to tackling crime due to the number of unsolved murders in Scotland. 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 when it comes to investigating because they have had limited success. For example, there are more than 1000 unsolved murders since 1960 in Scotland.
2. It can be argued that the police are ineffective when it comes to tackling crime due to the recent rise in violent crime and crimes of dishonesty. The increase in these crimes suggest that the police have not been successful in preventing crime in the first instance. For example, non-sexual crimes of violence increased by 12 and crimes of dishonesty increased by 4% between 2020-21 and 2021-22.
3. It can be argued that the police are ineffective when it comes to tackling crime because some guilty people get away. A key role of the police is to investigate crimes and bring about justice, however the release of some potentially guilty people due to the 'not proven' verdict suggests that they are not always gathering evidence well effectively. For example, approximately 1 in 5 rape trials results in the not proven verdict.
32
Describe, in detail, the purpose of prison sentences in Scotland.
1. One purpose of prison is to help people learn to cope with life outside of prison, through rehabilitation. This means they can use different programmes or strategies to address the reasons why someone committed a crime, help them work through these and make them less likely to re-offend again. Prison does this by giving counselling, providing an education and helping prisoners gain skills for the world of work. For example, Scottish Prison Service Industries workshops provide opportunities for prisoners to gain valuable social and realistic work skills to enhance their employability prospects by creating and selling gardening products.
2. One purpose of prisons is to keep the public safe. By locking up dangerous criminals, prison helps to keep dangerous people off the streets who might otherwise commit horrific crimes. For example, by locking up Aaron Campbell, the murderer of Alesha MacPhail, the police have stopped this potential psychopath from harming others.
33
Explain, in detail, reasons why prison sentences/custodial sentences are an effective punishment.
1. One reason why prisons are effective is that they can help people learn to cope with life outside of prison, through rehabilitation. This means they can use different programmes or strategies to address the reasons why someone committed a crime, help them work through these and make them less likely to re-offend again. Prison does this by giving counselling, providing an education and helping prisoners gain skills for the world of work. For example, Scottish Prison Service Industries workshops provide opportunities for prisoners to gain valuable social and realistic work skills to enhance their employability prospects by creating and selling gardening products.
2. One reason why prisons are effective is that depriving a convicted criminal of their freedom is an appropriate form of punishment. This is effective because it is a form of justice for the victims of crimes 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. For example, the families of Karen Buckley and Julie Reilly have spoken about feeling they have justice now that the murderers have been put in prison with life sentences.
3. One reason why prisons are effective is that they keep the public safe. By locking up dangerous criminals, prison helps to keep dangerous people off the streets who might otherwise commit horrific crimes. For example, by locking up Aaron Campbell, the murderer of Alesha MacPhail, the police have stopped this potential psychopath from harming others.
34
Explain, in detail, reasons why prison sentences/custodial sentence are an ineffective punishment.
1. One reason why prisons are ineffective is that the rate of reoffending is quite high. A lot of time and money is wasted in convicting criminals and housing prisoners the first time let alone the second. The fact that so many reattend sugests that prison is ineffective or they would not have gone on to behave inappropriately again. For exarene sue reconviction rate in Scotland is 27%, and this rate is even high for those with short-term sentences.
2. One reason why prisons are ineffective is the high cost to the taxpayer It costs a lot of money to keep someone in prison and this could be put to better use by being spent on health care and education. For example, according to Audit Scotland it cost around £35,601 a year to keep someone in prison in 2019.
3. One reason why prisons are ineffective is that there are issues with overcrowding and poor living condition. Many orscotland prisons are old and Victorian in design. This makes it hard to rehabilitate prisoners because poor living conditions may make them feel neglected or uncared for by society. This may encourage a negative fatalistic mindset that leads to them committing more crimes in future. For example, in 2024 the BBC reported that there was an unprecedented rise in prison population which resulted in the Government having to give early release to over 500 prisoners to ease overcrowding.
35
Describe, in detail, alternative punishments used in Scotland.
1. One alternative to prison is a financial penalty.
Offenders can be ordered to pay a fine or compensation to a victim, which means they must pay a set amount of money from their own income depending on the crime. For example, during the Covid-19 pandemic the police were able to fine people who left their homes during the lockdown if they didn't have a reasonable excuse for being out.
2. Another alternative to prison is a Home Detention Curfew (HDC)
The offender may serve their sentence but at home under certain curfew conditions. This could be that they have stay within a specific address for around 12 hours every night and this is monitored by an "electronic tag". For example, James Wright had been put on HDC after having been found carrying a knife.
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Describe, in detail, alternative punishments used in Scotland.
1. One alternative to prison is a financial penalty.
Offenders can be ordered to pay a fine or compensation to a victim, which means they must pay a set amount of money from their own income depending on the crime. For example, during the Covid-19 pandemic the police were able to fine people who left their homes during the lockdown if they didn't have a reasonable excuse for being out.
2. Another alternative to prison is a Home Detention Curfew (HDC)
The offender may serve their sentence but at home under certain curfew conditions. This could be that they have stay within a specific address for around 12 hours every night and this is monitored by an "electronic tag". For example, James Wright had been put on HDC after having been found carrying a knife.
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Explain, in detail, how alternatives to prison are effective
1. Non-Custodial sentences go some way to addressing the failings of prison:
One reason an alternative to a prison sentence would be better than a custodial sentence is that people in prison have high rates of reoffending when released. A lot of time and money is wasted in convicting criminals and housing prisoners the first time let alone the second. The fact that so many reoffend suggests that prison is ineffective, or they would not have gone on to behave inappropriately again, whereas this may not have happened if they had been fined instead, For example, the reconviction rate in Scotland is 27% in 2020-21, and this rate is even high for those with short-term sentences.
2. Another reason an alternative to a prison sentence would be better than a custodial sentence is that they are cheaper than prison. It costs a lot of money to keep someone in prison, feeding them etc so instead giving someone a punishment like a Home Detention Curfew could save the government as the offender still can work and earn to look after themself. For example, according to the Scottish Government it cost between over €37,000 a year to keep someone in prison in 2019. The money that is saved through an alternative could be put to better use, for example healthcare or education services.
3. Another reason an alternative to a prison sentence would be better than a custodial sentence is that it could help reduce/prevent of overcrowding. Many of Scotland's prisons are over capacity which can mean that with more prisoners, offenders have more people from which to learn criminal activity. Rather than this, a Community Payback Order would allow the offender can do more for the community they have harmed. For example, Janine O'Neil spoke about how spending so much of her youth in prison saw her learn more about committing crimes than being a positive member of society, which may have been avoided if a non-custodial sentence had been issued instead.
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Explain, in detail, how alternatives to prison are ineffective
1. Home Detention Curfew (HDC) tags can be broken. HDCs involve the offender serving their sentence at home under certain curfew conditions, including staying within a specific address for around 12 hours every night. Their activity is monitored by an "electronic tag"; however they can break the tag and it can take time for the police to respond to an unresponsive tag. For example, James Wright had been put on HDC after having been found carrying a knife but went on to murder a father of three in Paisley after breaking his tag 6 months before.
2. Individuals with Community Payback Order (CPOs) can still commit crimes. Offenders with a CPO can be ordered to carry out up to 300 hours of community service. This means that they will be'paying back' to a community that they might have damaged, which might involve repairing damage or cleaning up an area, however this doesn't completely prevent criminal behaviour or keep the public safe. For example, Mark McLean was put on a CPO in 2020 for racist assault. which he did while already on a CPO.
3. Offenders might be given an Anti-Social Behaviour Order (ASBO) which might not be a tough enough punishment.
An ASBO bans the offender (over the age of 12) from causing disruption. It can be issued for crimes such as graffiti, playing loud music, littering but it isn't always effective. For example, Michael O'Rourke had an order against him for playing Dolly Parton too loudly in Peterhead, however he ignored it and had to be sent to prison.
