Unit 2 - Criminological theories - 4.3 Discuss how campaigns affect policy making Flashcards
Newspaper campaigns to affect policy making
Briefly explain the campaign that resulted in Sarah’s law (Child Sex Offender Disclosure Scheme)
The campaign came about following the abduction and murder in July 2000 of 8-year-old Sarah Payne in West Sussex by Roy Whiting, who was arrested in 1995 for abducting and sexually assaulting another 8-year-old girl
Briefly describe the role of the News of the World newspaper in the campaign
The newspaper backed the campaign for Sarah’s law run by Sarah’s mother, who believed that a sex offender murdered her daughter, this was confirmed in 2001 when Roy was convicted of the murder and it was revealed to the public that he had previous child sexual assault convictions. The newspaper was vital to the campaign’s success. In July 2000 it ‘named and shamed’ 50 people that it claimed were pedophiles and it promised that it wouldn’t stop until it named and shamed every pedophile in Britain
What was introduced as a result of the Sarah’s law campaign?
It persuaded the government to introduce the Child Sex Offender Disclosure Scheme through England and Wales in 2011. However, It should be noted that while anyone can ask the police for information on if someone who is in contact with a child has a record of child sex offences the police are not obliged to disclose information and will only do so if they believe the child is at risk of harm and disclosure is necessary to protect the child
The year and a day rule
What happened to Michael Gibson in 1992?
Michael Gibson was assaulted by David Clark and a group of men in Darlington in April 1992. Michael was placed in a coma and died after 22 months. Clark could only be charged with GBH and was jailed for 2 years and was free before Michael died
What is the year and a day rule?
It is a law dating back to 1278. The rule said that if victims of assault lived for a year and a day after the assault, their attackers could not be tried for murder or manslaughter
Why did the year and a day rule apply to Michael Gibson’s case?
Gibson died 22 months after the assault so legally David could not be tried for murder or manslaughter as he survived longer than a year and a day after the assault
Briefly describe the role of the Northern Echo newspaper in the ‘Justice for Michael’ campaign
They launched the ‘Justice for Michael’ campaign urging its readers to sign a petition demanding that the year and a day rule be scrapped. They also put a photo of Gibson in a coma on the front cover of the newspaper. Thousands signed the petition
What was introduced as a result of the ‘Justice for Michael’ campaign?
In 1994, a local MP, Alan Milburn, Introduced a bill into the HOC to scrap the ‘year and a day’ rule, but It was defeated. However, following the delivery of the Northern Echo’s petition to the Law Commission (makes proposals for reforming existing laws) , a bill was passed by parliament to become the 1996 Law Reform ( year and a day rule) Act. The newspaper’s role was vital for achieving success by mobilising public support.
Individual campaigns to affect policy making
What happened to Clare Wood in 2009?
She was beaten, raped, strangled and her body was set on fire by George Appleton whom she had been in a relationship with until 2008 but Appleton continued to harass her
What previous convictions did Appleton have?
Convictions for violence against women and a 5-year sentence for holding an ex-girlfriend at knifepoint
and convictions for repeated harassment and threats
Briefly describe how the case unfolded with Clare wood’s murder
After Clare’s death, Clare’s father Michael discovered that she had made several complaints to the Greater Manchester Police, alleging that after the relationship ended Appleton had harassed, threatened to kill and tried to rape her but the police took no action. The inquest had to wait 26 months while her death and the police’s failures were investigated. In the end, the coroner wrote to the home office asking why Clare had not been informed of Appleton’s past. Angry at these failings, Michael launched a campaign to change the law to enable women to know about their partners violent past. He worked for 4 years, gathering evidence, organising petitions and winning support from charities, politicians and the media for a change In law
What two procedures did the Domestic Violence Disclosure Scheme introduce?
- The right to ask allows a member of the public to apply to the police to disclose information. They can ask about their own partner or the partner of someone they know
- The right to know allows the police to disclose information to protect a potential victim, even without being asked to do so
Who might the police consult to decide whether to disclose information?
The police are not obliged to disclose information and they will meet safeguarding agencies to declare whether disclosure is necessary to protect the person in question and to decide who should receive the information and they will set up a safety plan for the victim
In 2018, how many disclosure requests were made and how many were granted?
6,496 requests were made and 2,575 were granted
Suggest one reason for differences In the rate of disclosure between different police forces
Different levels of knowledge and training for the scheme in different forces
Changing the double jeopardy law
What was the double jeopardy law?
Stops people being tried again for a crime they have been acquitted of
Why could the double jeopardy law lead to injustice in some cases?
If new evidence is discovered that indicates someone previously acquitted was in fact guilty
Briefly describe the case of Billy Dunlop
Julie Hogg was murdered in 1989 and Billy Dunlop was charged with the crime. However, after two juries failed to reach a verdict, Dunlop was acquitted. In 1998, Dunlop was jailed for an attack on a former lover and while in prison admitted to a prison officer that he murdered Julie Hogg. Dunlop was convicted of having committed perjury at his trial of Julie’s murder. He was sentenced to 6 years for this but no action could be taken for the murder of Julie Hogg because of the double jeopardy laws
What methods did Ann Ming use in her campaign for convicting Dunlop of her daughter’s murder?
Lobbying politicians and using the press, TV and the radio to publicise the case
What change to the law did the 2003 Criminal Justice Act introduce?
It allowed certain serious crimes to be retried including murder, rape and manslaughter and armed robbery. A re-trial can only take place if ‘new and compelling’ evidence emerges and if the Director of Public Prosecutors gives the go ahead
Why was the Stephen Lawrence case also influential in changing the double jeopardy law?
Calls for a change In law were also supported by Sir William Macpherson in his report on the 1993 murder of Stephen Lawrence. Police mishandling of the investigation had resulted in a failed prosecution of three of the five original suspects in the 1996. Subsequently, new DNA evidence emerged to link one of the three, Gary Dobson to the killing. Dobson was re-tried and convicted of the murder, along with another suspect, David Norris who had not been tried in 1996
Pressure group campaigns to affect policy making
What are pressure groups?
Pressure groups are organisations that try to influence government policies in the interests of a particular cause. They play an important part in policy making, both by gaining support from the public and persuading politicians to make changes in law
Protection against stalking (PAS)
What did PAS aim to introduce?
A new law making stalking a specific offence. At that point, the 1997 Anti-harassment Law did not refer specifically to stalking
What was the problem with the way that the police dealt with stalking?
The way the police were dealing with stalking was inadequate and haphazard/ They lacked a clear policy and investigations were often left to individual officers discretion. Victims were not being taken seriously and there were only 70 prosecutions in 10 Years under the 1997 Act
