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National 5 Modern Studies > Crime & Law > Flashcards

Crime & Law Flashcards

1
Q

What is a criminal court?

A

A court which deals with people who break the law.

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2
Q

What is a civil court?

A

A court which deals with disagreements such as debt and compensation.

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3
Q

What is a solemn procedure?

A

One that involves the most serious criminal cases and sometimes leads to a trial in the high or sheriff court.

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4
Q

What is a summary procedure?

A

One that involves less serious offences that a solemn procedure and may lead to a trial in the the sheriff or justice of the peace court.

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5
Q

Who decided if it will be a solemn or summary procedure?

A

The scottish prosecution service, also know as the crown office & prosecutor fiscal service (COPFS)

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6
Q

Who is exempt form jury service?

A

Ministers, lawyers and police officers.

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7
Q

What are the advantages and disadvantages of having a jury?

A

A disadvantage is the high cost but an advantage is that it makes it a fairer trial.

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8
Q

What is the parole system?

A

Where someone can apply for early release from prison if they are believed to no longer be a threat to society.

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9
Q

Why is there an odd number of jury members?

A

To make it a clear majority for either guilty or not-guilty.

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10
Q

What is the maximum fine/sentence that the justice of the peace court can give?

A

Sentence - 60 days.

Fine - £2500

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11
Q

What is the maximum fine/sentence that the sheriff court can give?

A

Sentence - 5 years.

Fine - Unlimited.

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12
Q

What is the maximum fine/sentence that the high court can give?

A

Sentence - Life.

Fine - Unlimited

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13
Q

What does the sheriff court do if it has a case which the judge feels deserves more than 5 years?

A

They can refer it to the high court.

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14
Q

What are the different types of civil action?

A

Small claims, summary cause, ordinary, miscellaneous.

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15
Q

What is a small claims action?

A

Contracts with a worth of less than £3000 or payments of less than £3000

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16
Q

What is a summary cause action?

A

Issues involving the delivery of an object or actions with a value of £3000-£5000

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17
Q

What is an ordinary action?

A

Divorce, issues involving contact with children, things with a monetary value of more than £5000.

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18
Q

What is a miscellaneous action?

A

Protection of children and incapable adults, applications for adoption of children, liquidation or bankruptcy of a company.

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19
Q

What happens if the accused pleads guilty?

A

There is no trial and the judge usually gives a lesser sentence.

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20
Q

What happens if the accused pleads not-guilty?

A

The case goes to trial, if they are then proven guilty the judge will be harsher with sentencing.

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21
Q

How can a case be dismissed?

A

If there is insufficient evidence or if the accused is unfit to stand trial or was unfit at the time of the offence.

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22
Q

Why is having a lawyer beneficial?

A

They know how the law works.

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23
Q

What are the three verdicts in scottish courts?

A

Guilty, not-guilty and not-proven.

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24
Q

What does the not-proven verdict mean?

A

That there was insufficient evidence to prove the accused guilty but that there is still a high level of suspicion. It is used in 1/3 of acquittals by juries and 1/5 of acquittals in non-jury trials.

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25
Q

What does acquittal mean?

A

Not-guilty or non-proven.

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26
Q

What is a custodial sentence?

A

A prison sentence.

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27
Q

What is a non-custodial sentence?

A

Something like a fine, community payback or an electronic tag, any punishment that doesn’t involve being in custody. Fines are the most common non-custodial sentence.

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28
Q

What is a suspended sentence?

A

A sentence that doesn’t get imposed until the offender re-offends within a certain time limit.

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29
Q

What factors have an effect on sentencing? Why?

A

Social class has an effect on sentencing because if you are of a higher social class then you can afford a better lawyer. Ethnicity has an effect on ethnicity as studies have shown that you are more likely to get a custodial sentence if you are from an ethnic minority.

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30
Q

What happens if there is an appeal against a sentence?

A

There may be an appeal if the sentence is thought to be too lenient or too severe. If there is an appeal the case is referred to a higher court.

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31
Q

What does the children’s hearing system do?

A

Deals with people under 16 who are in need of care, help or protection.

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32
Q

What happens with the investigation in a children’s hearing?

A

A children’s reporter investigates the child. They get information from social services, the police, schools and health organisations and then make a decision about whether or not to have a hearing.

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33
Q

What happens at a children’s hearing?

A

A decision is made about whether supervision is needed. It normally lasts 45mins-1hour. The setting isn’t very formal.

34
Q

What happens when someone is referred for a children’s hearing?

A

The police, social services or education system will notify a children’s reporter of their concerns if a child is the victim of a crime, if the child commits a crime, if the child doesn’t go to school, if the child isn’t being looked after properly, etc.

35
Q

What are the possible outcomes of a children’s hearing?

A

To discharge the referral, a supervision requirement, to send the case to sheriff course, to continue the hearing at a later date.

36
Q

After carrying out the investigation for a children’s hearing, what are the children’s reporter’s options?

A

To not arrange a children’s hearing, to arrange a children’s hearing or to refer the family for voluntary support.

37
Q

Who is at a children’s hearing?

A

3 panel members, a children’s reporter, a teacher and a social worker along with some family members and the child.

38
Q

What is a supervision requirement from a children’s hearing?

A

It is a plan designed to meet each individuals needs, it may include conditions about where the child is to live and who they can have contact with.

39
Q

What are the roles of the police?

A

They try to reduce crime levels by educating the public. They go around schools and hold conferences to educate people on how to protect themselves and the consequences of committing crimes such as carrying a knife or drink-driving.

40
Q

What is an advantage of having a shared police force?

A

Information can be shared more easily between different parts of Scotland and it saves money.

41
Q

What is a disadvantage of having a shared police force?

A

Different parts of Scotland need different methods of policing. It also means lots of job cuts for supporting roles.

42
Q

Why do people commit crimes?

A

Ethnicity, Poverty, Age, Role models, Gender.

43
Q

Why do people commit crimes because of their ethnicity?

A

Ethnic minorities are more likely to commit crimes, Black people make up only 1.8% of the general population but make up 12% of the prison population.

44
Q

Why do people commit crimes because of poverty?

A

If someone is living below the poverty line they may need to steal money or food. In Glasgow, 2.48 people per 1000 have been a victim of a robbery, in East Dumbartonshire only 0.25 people per 1000 have been a victim of a robbery.

45
Q

Why do people commit crimes because of age?

A

Young people are more likely to commit crimes because they may be bored.

46
Q

What sort of crimes do young people commit?

A

Vandalism, underage drinking, joy riding.

47
Q

How many men are likely to be found guilty of a crime during their lives?

A

4 in 10.

48
Q

How many women are likely to be found guilty of a crime during their lifetime?

A

1 in 10.

49
Q

What percentage of men are chronic offenders?

A

5%, They are responsible for half of known offending.

50
Q

What is criminal law?

A

It deals with identifying when a law is broken and prosecuting people who’ve broken the law. It deals with all crimes from breach of the peace to serious crimes such as rape and murder.

51
Q

What is civil law?

A

It is used to settle disputes between individuals. It also sets the rules for civil procedures such as buying a house or getting divorced.

52
Q

What do crime reports show?

A

Crime figures. They are used to form analyses and comparisons and for evidence to form new policies and see how effective policies are.

53
Q

What makes crime reports unreliable?

A

A lot of crime is never reported. Single incidents, like school shootings, can distort the statistics. The state of the economy has an effect on crime.

54
Q

Why are some crimes not reported?

A

People regard them as too trivial. The victim is embarrassed. People are unaware that they are victims. Lack of confidence in the police. Victims may take the law into their own hands. The victim may not want to harm the offender.

55
Q

What crimes are more likely to be reported than others?

A

Insurance claims. Serious crimes. When there are campaigns in the media people become more sensitive to crimes so they notice and report them.

56
Q

What was the reduction in violent crime between 2013 and 2014?

A

10%

57
Q

What percentage increase has there been in sex crimes since 2014?

A

12%

58
Q

Why is poverty a cause of crime?

A

High rates of unemployment means people either struggle to make ends meet so they commit crimes or they commit crimes out of boredom. People lack pride due to the lack of proper facilities. More likely to be in under-performing schools meaning people leave early. Young people may lack role models so they turn to gangs. Areas in poverty have high rates of alcoholism and drug use.

59
Q

What is the number of robberies in Glasgow per 1000 population? In East Dunbartonshire?

A

Glasgow- 2.48

East Dunbartonshire - 0.25

60
Q

Why is age a cause of crime?

A

The peak age for young offenders is 15-19. People who become involved in crime when they are young tend to be the most persistent offenders. Young people commit crime for material gain, excitement, to relieve boredom, peer pressure, to get a certain social status, or if they are drunk/high.

61
Q

What are the key factors for being a young offender?

A

Being male, having parents or siblings who are offenders, being born to a teenage mother, being in care, suffering from a family death or breakdown (divorce etc.) , drug or alcohol misuse, neglect, emotional or physical or sexual abuse, witnessing violence against a family member, being excluded from school, having delinquent friends.

62
Q

Why is gender a cause of crime?

A

Men commit five times more crime than women. This is due to different gender role expectations. In 2012 in England and Wales, male offenders outnumbered female offenders 4 to 1.

63
Q

What types of crime do women usually commit?

A

Shoplifting, drug offences, women are responsible for 2% of all sexual offences, prostitution (women outnumber men 4 to 1.)

64
Q

Why do women commit crimes?

A

Financial problems, poor education, poor employment opportunities, drug dependancy or mental health problems. In a survey in a prison, 54% said they committed crimes because they had no money, 38% said they needed to support their children and 33% said it was because they had no job. 2/3 of women in prison have a drug dependancy. Women prisoners are more likely to have a mental problem than male prisoners, 40% of women prisoners say they attempted suicide before going to prison.

65
Q

Why is ethnicity a cause of crime?

A

Black people make up 1.8% of the general UK population but make up 12% of the prison population. This is because they commit more crime AND are unfairly treated by the justice system. Ethnic minorities tend to live in poorer areas meaning higher crime rates. Higher levels of unemployment, younger profile meaning more people at peak offending age, more likely to be lower class, many black families do not have a father figure. All the factors with class, age and gender will apply in addition to race.

66
Q

What ethnic minorities are less likely than whites to commit crimes?

A

Asian’s have large extended families meaning more social control. Muslims do not drink meaning no alcohol related crimes.

67
Q

What are violent crimes?

A

Murder is the most extreme. Manslaughter and assault are classed as violent crimes. Rape and indecent assault are violent crimes but are also classed as sexual offences.

68
Q

Why do people carry knives?

A

For protection, because of peer pressure, gang members may carry them to go fight with other gang members. People may also carry a knife when they go out drinking. Glasgow accounts for 1/3 of Scotland’s knife crime.

69
Q

How big a problem is knife crime in Scotland?

A

In 2010, 44% of homicides (35 people) were with a knife. in 2009-2010, 2949 days in hospital were occupied due to ‘assault with a sharp object’

70
Q

What are the points for mandatory prison sentences for carrying a knife?

A

Education campaigns on their own don’t work. It will act as a deterrent. It is a suitable punishment.

71
Q

What are the points against mandatory prison sentences for carrying a knife?

A

Prisons will become too full. Prison will lead young men into further crime. Not all circumstances are the same.

72
Q

What are sexual offences?

A

Offences that break the law regarding sexual activities. Incest, underage sex, prostitution, indecent exposure. Gay sex was illegal until 1967.

73
Q

What is property crime?

A

Burglary, housebreaking, theft, fraud, forgery, robbery, criminal damage, car crime. Property crime involves dishonesty obtaining or damaging another persons property.

74
Q

What is professional and organised crime?

A

Where crime is someone’s job; drug dealing, protection rackets, sex industry, illegal gambling, producing counterfeit goods, etc.

75
Q

What is corporate crime?

A

Hacking, employee theft through fiddling expenses, using work related items for personal use, selling inaccurately labeled items, corruption, health and safety offences, etc.

76
Q

How much did the Scottish government estimate alcohol abuse cost them in 2010?

A

£727.1 million in crime costs.
£268.8 million in healthcare costs.
£230.5 million in social care costs.

77
Q

What did the Scottish government do too lessen the impact of alcohol related crimes?

A

Banned supermarkets for doing deals on alcohol (3 bottles for £10 etc) and restricted where it can be advertised. A minimum price of 50p per unit has also been introduced.

78
Q

What are the statistics for underage drinking in Scotland?

A

35% of scottish pupils drink to excess by their early teens. 1/3 of scottish teenagers are binge drinking by the age of 13.

79
Q

What is the punishment for not carrying out a reasonable test to confirm someones age before selling them alcohol?

A

£5000 fine or 3 months in prison.

80
Q

What makes a drinks promotion irresponsible?

A

If it involves unlimited alcohol for a fixed fee, If it involves free alcohol or a reduction on a second or third drink, If it involves drinks that are more likely to appeal to under 18s, If it encourages someone to consume more alcohol than they originally intended, If it encourages drinking quickly, if it includes alcohol as a prize unless in a sealed container to be drank off the premises.

81
Q

What is the link between binge drinking and crime?

A

27% of binge drinkers admitted to committing an offence in the past 12 months compared to only 13% of regular drinkers. Alcohol was consumed prior to 73% of domestic violence cases. Young male binge drinkers are more than twice as likely to commit a violent crime than young make regular drinkers. 1 in 5 people who are arrested test positive for alcohol.

National 5 Modern Studies (2 decks)

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