S3 NAT 5 CRIME AND LAW Flashcards
Crime and law
What are some natures of crime?
Anti - Social Behaviours (Affects people who live in communities and can make people feel uncomfortable and unsafe in their homes and neighbourhood. They can include nosy neighbours, graffiti and vandalism.)
Theft
Burglary
Damage to property (Deliberately settting fire, smashing windows of houses.)
Assualt
Sexual Assault
Human Trafficking (People taken against their will to live and work in another place. An example can be when woman are trafficked into sexual explotation to work as porstitutes.)
Child Abuse (The victims are under the age of 18.)
Murder
Traffic crime
Drink and driving
Possession of drugs
Supplying and dealing of drugs (Senetnces are greater for supplying then for possession.)
Domestic Violence (where behaviour is agressive or violent.)
Gun Crime (Any crime that involves a gun.)
Knife Crime (Any crime that involves a knife.)
Hate Crime (When a person if physically attacked, threatened with physical violence or having abusive violence due to their sexuality, religion, or race.)
Cybercrime (Can involve hacking into secret government computer programs, credit card fraud, and downloading child pornography.)
White collar crime (All office work or busness realted crimes commited by people in the course of their occupation. For example fraud.)
Extent of crime in Scotland and/or the UK?
Recorded Crime Between 2002/03 and 2020/21
- There has been a steady fall in recorded crime Between 2002/03 and 2020/21
- The peak year for crime was 2004/05
- The lowest year for crime was 20016/17
- Crime rates between 2015 and 2021 have remained fairly constant.
Social causes of crime?
Some criminologists argue that factors in society such as poverty, family backgrounds, peer pressure and use of alcohol/drugs make people more likely to commit crimes.
Crimes such as theft occur more often in poorer areas and are committed more often by people from poor background.
Many people covicted of crimes have expienced problems in their childhood cause by family background. For example where parents are dependent on alcohol or drugs or where children are neglected.
Prime Minister, David Cameron, said blamed poor parenting for a lack of discipline in society, which leads to criminal behaviour. Children who are brought up by people who frequently break the law, grow up without good role models and see no value in respecting the law.
Peer pressure is a social crime mainly amongst young people. Teenagers are often pressurised into crimes such as vandalism, carrying knives, getting into fights and underage drinking.
Drug addicts need to pay for their drugs and may have to steal to fund theur habit and are more likely to be arressted for crimes such as burglary, shoplifting, robbery or handling stolen goods. Areas with high drug problems are more likely to have high levels of crime.
Economic causes of crime?
People who have high incomes and well-paid jobs can afford to buy material things so they do not need to commit crimes.
People who live in poverty and have a low income or are unemployed may want the same material but are unable to afford them legally, which sometimes causes them to commit crimes to get items.
People living in poverty may turn to crime to meet basic needs such as food, clothes, through theft or shoplifting. Examples can be when single mothers may have to turn to commit crimes such as shoplifting to provide for her children.
Biological causes of crime?
- Bio-chemical conditions such as
hormone imbalance - Warrior gene (MAOA)
- Neuro-physical conditions such as
learning difficulties - Intelligence
- Mental Health Issues
The impact of crime on perpetrators?
If given a prison sentence, perpetrators may lose contact with their family and friends. This can lead to mental health issues which may hinder their rehabilitation.
When young people get involved in crime tend to do less well at school and can fall into a downward spiral of poverty and crime. They may enter a recurring habit (revolving door).
With criminal records, they stay with you all your life. This can make it difficult to get employment because most employers ask about previous convictions when people are applying for jobs.
Perpetrators may be required to pay a fine. This can place financial pressure on them and may experience financial pressure and inability to pay rent or mortgage. They may break the law again and become trapped in a cycle of crime.
Convicted people may feel humiliated and suffer mental health issues. They may also lose family support and friends.
Families of perpetrators may be targeted by others in the community.
The impact of crime on victims?
- EMOTIONAL
People who are victims of crime can suffer emotional upset, for example, feelings of anger, anxiety, sorrow, or feeling vulnerable.
Victims of assault may be fearful that it could happen and may be afraid to leave their homes. - MENTAL HEALTH
They can experience mental health problems such as depression, fear of going outside, sleeping problems, and PTSD. For victims of some crimes such as child abuse or domestic violence, the trauma occurs many times over weeks, months, or even years. - PHYSICAL
Some crimes such as physical assault can lead to injuries to victims. This may require hospital treatment and other medical services such as physiotherapy and counseling. - FINANCIAL
Some crimes such as burglary result in financial loss for the victims. Theft victims may have to pay to replace stolen items. - VIOLENCE
The effects are much worse if the crime involves violence. Victims may be unable to work due to physical injury or due to the mental/emotional impact. They may hve ti pay for therapy.
Impact of crime on families?
Having a family member serving time in prison can have a huge impact on the entire family.
- Most families with a relative in prison are on low incomes, with many receiving state benefits. They mainly come from the most deprived areas of the country and are already struggling with poverty.
- The families are likely to be affected by a range of other problems such as relationships, emotions, housing, health, and addictions.
- When a family member goes to prison, the household usually suffers a drop in income for one or more reasons such as the loss of the prisoner’s former income contribution, reduction in benefits income, and loss of earnings by remaining family members due to increased childcare responsibilities.
- Around 50% of families have to borrow money when a family member is imprisoned to pay for food, clothing, and leisure activities.
- Families face the stigma and humiliation of having a family member convicted. They may be shunned or excluded within the community or even targeted for violence.
- For families where a member is serving a longer-term prison sentence it may be very difficult to maintain family relationships, particularly if that member is located in a prison far away from the home, making travel to visit time-consuming and expensive.
- Children of imprisoned parents, who are at least twice as likely to experience mental health problems, be affected by poverty and become isolated and stigmatized.
Impact of crime on communities?
People living in areas with high crime rates may be afraid to go out and tend to keep themselves to themselves for fear of harassment. They may avoid going out or avoid going to public spaces for fear of assault. People may be wary of visiting shops, bars, and nightspots in the area, which affects trade.
Schools might find it hard to recruit staff if the area has a bad reputation and parents may feel the quality of education may be poorer in areas with higher crime levels. House prices fall because people don’t want to live in the area.
Areas with high crime levels can become run down due to high levels of vandalism and graffiti. Shops and other local services may close and, over time, people may move away, leading to depopulation of neighborhoods with high crime levels, although it may be harder to sell a house in an area of high crime.
Impact of crime on the wider society?
- COSTS OF CRIME
Crime has major costs for society as a whole. The overall cost of crime in the UK is approximately £60 billion each year. This has to be paid for throuh taxation on individual and business, which can mean less money spent on essential services like healthcare and education. Extra moeny may be required for policing and courts to oprosecute criminals to pay for prison, or alternatives to prison. - IMPACT ON BUSINESS
Crimes such as shoplifting and fraud cost businesses in the UK billions of pounds each year. Government statistics estimate that in 2018 the total costs of crime against business in the UK was £10 billion.
The UK’s Federation of Small Businesses (FSB) 2019 survey reports that fraud and cyber-crime time costs Britain’s small businesses £800 a year each.
- 54% of small businesses said they had been a victim of crime during the last 12 months
- 37% reported problems with phishing emails
- 15% were affected by cred card fraud
- 15% experienced security problems caused by viruses and hackers
Role and powers of criminal courts?
- SOLEMN PROCEDURE
concerns the most serious of crimes and usually would lead to a trial before a judge in the high court or a sheriff in a sheriff court. This type of trial requires a jury of 15 people to listen to the evidence and the arguments from the prosecution and the defense and then vote on whether they think the accused is guilty or not. A simple 8-7 majority is enough to convict or find a person innocent. - SUMMARY PROCEDURE
concerns less serious crimes and tends to lead to a trial in front of a sheriff or a justice of the peace court. These cases have no jury. Almost all summary criminal cases are dealt with in this manner. The most common penalty issued by these courts is a penalty fine. - CRIMINAL LAW
criminal law relates to offenses and breaches of laws made by Acts of Parliament, which set out acceptable (and unacceptable) conduct in both Scotland and the UK. - EXAMPLES OF OFFENCES THAT BREACH CRIMINAL LAW INCLUDE
- Burglary, theft, arson and criminal damage
- Assault, sexual assault and battery
- Murder
- Fraud, money laundering and drug dealing
If convicted, the offender will receive the penalty laid out in the relevant legislation and sentencing guidelines, usually in the form of fines, prison sentences, or community order. To be found guilty beyond a reasonable doubt. They’re considered to be innocent unless proven guilty.
In Scotland, there a jury can also find a case to be ‘Not Proven’ which is unique in UK law. It generally indicates that the jury does not consider the person to be innocent but that it is not convinced of the person’s innocence, or there is not enough evidence on which to convict.
-HIGH COURT
Scotland’s highest criminal court. Edinburgh, Glasgow, and Aberdeen have permanent High Court buildings. The rest of the country’s High courts sit in the local Sheriff Court building. The high court deals with the most serious of crimes such as murder, rape, armed robbery, drug trafficking, and sexual offenses involving children. Cases are decided by a jury and an accused person is found to be guilty or not guilty. The judge can decide sentences that result in imprisonment or unlimited fines.
- SHERIFF COURT
The are a total of 49 sheriff courts in Scotland. Sheriff courts deal with crimes that are too serious for a district court but not serious enough for a High Court. Most, but not all, cases are tried in front of a jury. Some are heard by the sheriff alone. Judges can give prison sentences of up to 5 years or unlimited fines (if it is a jury court). If, however, based on new evidence being provided, a sheriff can refer the case to the High Court. - JUSTICE OF THE PEACE COURT
The lowest level of criminal court in Scotland handles relatively minor crimes such as cases of breach of the peace, minor assaults, minor road traffic offenses, failure to pay fines, and petty theft. Cases are dealt with by a bench of one or more lay justices - People who come from all walks of life but will be advised by a legal expert to help them decide what to do with dealing with a case. - COURT OF SESSION
The highest court in Scotland for appeals against a criminal court decision. Where an offender believes they have been given too harsh a sentence or believe that the verdict was wrong, their lawyers can appeal to the Court of session for a review. - SENTENCING
The sheriff court can sentence someone for up to 5 years. However, if the sheriff feels this is an insuffucuent penalty, they can refer the case to the High Court where a life sentence is possible.
Other types of sentence include: - Fines
- Community service
- Community Payback Orders
- Curfews
- ASBOs
- Electronic Tagging
Children Hearing System
It’s unique and quite different from juvenile justice systems elsewhere in the UK and across the world.
Children under the age of 8 years are not held criminally responsible for their actions but can be referred to the children’s hearings on welfare grounds. Children between the ages of 9 and 12 can also be dealt with by the Children Hearings.
Children’s Hearings are very different from court cases. They are held for a variety of reasons, when someone is worried about a child or young person’s wellbeing, not just a criminal act is suspected. They decide the best way forward for the child/young person, not whether anyone is guilty or someone should be punished.
Children’s hearings are held with a group of three-panel members and there must be a mix of males and females. The panel is people from all sections of the community who volunteer their services. They find solutions for the child’s ‘needs’ not ‘deeds’.
Children under 16 are only considered for prosecution in court for serious offenses such as murder, an assault that puts a life in danger, or serious road traffic offenses that can lead to future disqualification from driving.
If the panel thinks that a measure of supervision is necessary it will make a ‘supervision requirement’. This will allow the local authority social work department to support the child/young person at home and at school. It may also be best for the child for the child to be taken to stay with foster parents or other organizations.
The effectiveness of criminal court systems as a response to tackling crime?
ACTION - Reducing short-term prison sentences
IMPACT - Short-term prison sentences are still high and reoffending rates remain high
ACTION - Mentors in violence prevention program
IMPACT - violent crime has increased
ACTION - Building Safer Communities program
IMAPCT - Not successful for all communities
ACTION - Removal of drug courts and alcohol-related activities
IMPACT - Alcohol-related crime remains high
ACTION- Reducing knife crime
IMPACT - London’s knife crime strategy has been unsuccessful - there is an increase in knife crime.
CALEDONIAN SYSTEM
The Scottish government has introduced the Caledonian system to help tackle domestic abuse and yet domestic abuse still occurs. 51,104 domestic abuse incidents were reported to police forces across Scotland 2015 - 2016. The government committed £245 million to tackle domestic abuse in 2015 - 2016. Between 2016 - 2017 domestic abuse incidents had risen to 58,810.
Government responses to crime?
Scottish and UK governments have introduced a range of responses to crime such as:
- CCTV in town centers
- Neighbourhood watch
- Speed cameras
- Alternatives to prison
- Supervision / tagging orders
- Community policing
- Building safer communities
SERIOUS ORGANISED CRIME
Additional powers have been given to the police to seize criminal assets including slips, casino chips, jewelry, and precious stones.
Action is also being taken to punish and prevent human trafficking.
VIOLENT CRIME
The Mentor in Violence Prevention is a program engaging young people to speak out against gender-based violence, bullying, and abusive and violent behavior.
No Knives Better Lives is a youth engagement program that aims to prevent violence and knife carrying among young people.
HATE CRIME
The Scottish government is taking action to address and reduce hate crimes through the Hate Crime and Public Order (Scotland) Bill which became law in 2021. To help protect characteristics of age, disability, religion, sexual orientation, transgender identity, and variations in sex characteristics.
Role and powers of police?
ROLE OF THE POLICE
- Crime prevention
- Investigating crimes
- Arresting criminals
- Maintaining public order
- Reducing violence and antisocial
behavior
- Managing traffic and reducing
road crime
- Policing major events such as
football matches
POWER TO ARREST
An arrest is an act of apprehending a person and taking them into custody, usually because they have been suspected of committing a crime. After they have been taken into custody, they can be questioned further and/or changed. The police must have reasonable grounds to suspect that someone has committed an offense or is going to do so before they can arrest someone.
POWER OF ENTRY
In Scotland, police have the power to enter property without a warrant to protect life and property; intervening where there is a serious deisturbance, to pursue someone who has committed or attempted to commit a serious crime.
POWER TO STOP AND SEARCH
Police in Scotland have powers to search individuals for prohibited items, weapons and stolen property. This is commonly known as ‘stop and search’.
POWER OF SEIZURE
Police have common law power to seize evidence as part of a criminal investigation, for example a motor vehicle that is suspected as having been use to carry out a crime.
