* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
Download 6a) Analyse/Evaluate prisons effectiveness in tackling crime and
Survey
Document related concepts
Right to a fair trial wikipedia , lookup
Crime hotspots wikipedia , lookup
California Proposition 36, 2012 wikipedia , lookup
Broken windows theory wikipedia , lookup
Social disorganization theory wikipedia , lookup
Quantitative methods in criminology wikipedia , lookup
Feminist school of criminology wikipedia , lookup
History of criminal justice wikipedia , lookup
Sex differences in crime wikipedia , lookup
Critical criminology wikipedia , lookup
Double jeopardy wikipedia , lookup
Criminology wikipedia , lookup
Right realism wikipedia , lookup
Transcript
Higher Modern Studies Crime and Law in the UK Essay plans ROLE OF LAW IN SOCIETY Legal rights and responsibilities 1a) Evaluate/Analyse citizens’ rights within the criminal court system …………………………………………… 1b) Analyse/Evaluate rights and responsibilities of the civil and/or criminal court systems in Scotland………………………………………………………………………………………………………………………………….…pg 2-7 Civil and criminal aspects of the legal system 2. Evaluate / Analyse the extent of court systems ability to deal with crime………………………..…pg 8-11 THEORIES AND CAUSES OF CRIME Social explanations/theories 2a) Evaluate / Analyse the causes of crime in the UK………………………………………………………………………….. 2b) Evaluate the importance of lack of success in education as a cause of crime……………….................. 2c) Analyse different views on the main causes of crime in society…………………………………………………… Individualistic explanations/theories 2d) Evaluate / Analyse the view that biological reasons best explain crime ………………………………………… 2e) Evaluate /Analyse the view that it is nature not nurture that creates criminals.…………………………… 2f) To what extent are individual choices the main cause of crime?.........................................pg 12 -16 THE IMPACT OF CRIME ON SOCIETY The impact on victims and offenders and the families of victims and offenders 3a) Evaluate / Analyse the impact crime has on victims, offenders and their families…………………………. 3b)Evaluate/ Analyse the ways in which the victims of crime are affected………………………………………….. 3c) Evaluate/Analyse the view that crime only affects the victims………………………………………………………. The social, economic and political impact on the wider community 4a) Evaluate/Analyse the socio-economic consequences of crime on a group or groups you have studied………………………………………………………………………………………………………………………………………………… 4e) Evaluate/Analyse the social, economic and political consequences of crime on society…pg 17 - 19 METHODS OF TACKLING CRIME AND THEIR EFFECTIVENESS Role of the police in tackling crime 5a) Evaluate/analyse the effectiveness of the police in tackling crime……………………………………………….. 5b) Analyse/Evaluate the effectiveness of police methods in tackling crime……………………..…pg 20-21 Functions of prisons 6a) Analyse/Evaluate prisons effectiveness in tackling crime and reoffending…………………… 6b) To what extent does prison effectively deal with crime……………………………………pg 22-23 Non-custodial sentences 6a) Evaluate the effectiveness of non-custodial sentences in tackling crime………………………………………. 6b) To what extent are community punishments more effective in tacking crime…..pg 24 -25 Government Measures 7a) Evaluate / Analyse the effectiveness of government methods to tackle crime…………………………… 7b) Evaluate / Analyse the effectiveness of government methods to tackle crime…………………………….. 7c) “Government methods to tackle crime have been ineffective” Discuss............................pg 26-27 1 Role of Law in Society The law regulates every aspect of life. There are many different areas of law: criminal law - covers crime or offences (minor acts of law breaking) civil law - covers private matters between individuals employment law - covers the relationships between employers and employees family law - covers family-related matters Criminal law Criminal law covers crime or offences. This includes, for example, violent crime such as murder and assault, or property crime such as theft or vandalism. Civil law Civil law covers private matters between individuals. Although there are many different types of cases dealt with under civil law, examples would include: defamation of character legal disputes relating to property ownership disagreement in relation to a divorce Legal rights and responsibilities 1a) Evaluate/Analyse citizens’ rights within the criminal justice ( or courts) system ………………………………… 1b) Analyse/Evaluate rights and responsibilities of the civil and/or criminal justice systems in Scotland.. Human Rights and the Law: Article 6 of the European Convention on Human Rights (ECHR ) Article 6 of the ECHR states that all suspects or defendants in criminal or civil proceedings have the right to a fair trial based on the following: Court cases will occur within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial for moral, public order or national security reasons OR where the interests of juveniles or the protection of privacy are required, OR where publicity would prejudice the interests of justice by prejudicing a jury’s opinion. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. Everyone charged with a criminal offence has the following minimum rights: - to be informed of the accusations against him; - to have time for the preparation of their defence; - to defend themselves with legal assistance or, if not able to afford legal assistance, to be given it free. to be able to examine witnesses against them and bring witnesses in their defence. - to have the free assistance of an interpreter if he cannot understand or speak the language used in court 2 Right to a lawyer and to remain silent when arrested and cautioned by police In Scotland a suspect can now be held and detained for 12 hours to be questioned by police, with a senior officer allowing an extension of an extra 12 hours in complex cases, giving a maximum of 24 hours detention under the Criminal Procedure Act (Scotland) 1995. In 2010 the UK Supreme Court ruled in Cadder v HMA *Her Majesty’s Advocates+ (2010) by supporting Peter Cadder’s appeal that his conviction for assault was based on evidence gained without the presence and advice of a lawyer and that the way in which Scottish police detained suspects was not compatible with the European Convention on Human Rights (ECHR) and that arrested suspects had the right to see or speak to a lawyer in order to avoid incriminating themselves when arrested, charged and questioned by police. Up until the UK S.C. decision in Cadder V HMA Scottish police had the right to hold and question a suspect without access to a lawyer for up to six hours. This was criticised as many suspects are vulnerable in some way, either mentally or due to being under the influence of drugs or alcohol, and don’t grasp the meaning of the police caution which states they are not required to say anything in case they incriminate themselves. Police in Scotland became overly dependent on confessional evidence with accusations of police intimidation and threats being used in the period immediately following a suspects’ arrest, commonly accepted as the time when there is the greater risk of intimidation and illtreatment of suspects as police attempt to provoke a confession. Scotland’s criminal justice system has historically infringed this right of suspects and has been forced to change its processes to meet these rights. Right to be tried within a reasonable time The maximum length of time a criminal suspect can spend in custody before their trial starts depends on the nature of the accusation and the court that will try your case. If a case isn’t brought before the time limits the accused should be released, and the case against them dropped. If you are being accused of a minor offence which is tried by a single judge (summary procedures) , the trial must take place within 40 days from the date you were remanded into custody. For serious cases which are tried by a Sheriff and a jury at the Sheriff Court, the trial must start within 110 days from the date you were remanded into custody. If you are being tried for a very serious crime at the High Court (solemn procedures), your trial must start within 140 days from the date you were remanded. Figures from The Herald showed that almost 4000 charges had to be dropped between in the 5 years from 2009-14 in Scotland due to falling foul of time limits to bring cases to court. Most of the charges related to low-level offences but action on crimes such as under-age sex, electoral fraud, animal cruelty, drug dealing and firearms charges were also dropped. The reasons for placing time limits on bringing cases to trial is to avoid an accused person remaining in custody for an excessive period and public should be protected are not released from custody through the act or default of the prosecution. Scotland’s time limits ensure suspects’ right are being met by the Scottish criminal justice system. Children’s rights if arrested & the age of criminal responsibility in Scotland The age of criminal responsibility in Scotland is 8 years old while the age at which children can be tried under criminal prosecution in Scotland is 12 years. Children aged between 8 and 12 years old would be referred to the Scottish Children’s Reporter Administration, not the Procurator Fiscal. The law states that young people over 12 years of age can be old enough to take responsibility. In most cases parents have responsibility for their children until the child is 16 years old. There are, however, occasions where the courts will take action and make decisions that ensure the wellbeing of a child such as when parents fail to take responsibility. A children’s hearing can make a supervision requirement which means that you as a young person may have to live away from home either with foster parents, in a care home or 3 sometimes in secure accommodation. Courts cannot impose a custodial sentence on anyone under the age of 12. Young offenders aged between 12 and 15 will usually be detained in secure accommodation. Offenders who are aged between 16 and 21 can be sentenced to detention in a young offenders' institution. A young person may be temporarily detained in an adult prison if suitable secure accommodation or a place in a young offender’s institution is not available. In 2016 The United Nations Committee on the Rights of the Child suggested that 12 years old should be regarded as the minimum internationally acceptable age of criminal responsibility. Scotland has been criticised for having an age of criminal responsibility which is the lowest in Europe. Corroboration and the right to a fair trial In Scots law there must be corroboration between evidence to convict a suspect of a crime in court. This protects suspects’ rights that they will not be convicted on a singular piece of evidence or the word of one witness and helps ensure the right to a fair trial. Corroboration means there must be two separate sources of evidence before a case can proceed to trial. This means that the accused cannot be convicted on the word of one person alone with no supporting evidence. In Scots law the requirement for corroboration does not necessarily need to be by two witnesses. Examples of corroboration may include a combination of DNA or forensic evidence, eyewitnesses and/or circumstantial evidence. In 2015 there was a failed attempt to abolish the need for corroboration in Scottish criminal trials, a longstanding feature of Scots criminal law which, generally speaking, it is not used in other countries? Arguments in favour of the principle of corroboration If corroboration were abolished, but the current standard of proof in criminal cases, “beyond reasonable doubt”, was kept, there could be difficulty in prosecutions gaining sufficient evidence to pursue prosecutions or secure convictions. Corroboration safeguards against miscarriages of justice in cases where convictions rely on confessions alone, for example in England, where corroboration isn’t required, saw a number of miscarriages of justice in trials of Irish terrorist suspects who were convicted based on forced confessions his would not have been possible in Scotland. Arguments against the principle of corroboration Corroboration is difficult to gain in certain types of crime, particularly rape, sexual or domestic assaults where there is only the accused and the alleged perpetrator present. Conviction rates in these types of crime are very low, e.g. rate of rape convictions in Scotland was as low as 4.6% in 2009/10. It is argued that the conviction rate for sexual offences would improve if corroboration were to be abolished. Corroboration causes problems in some murders cases where there is not enough evidence to convict and in turn may result in a miscarriage of justice. The ‘Not Proven’ verdict the presumption of innocent until proven guilty In criminal cases the accused is innocent until proven guilty and it is the job of the prosecution to prove that the accused is guilty. Scotland has a unique three verdict system, established in Scots law in 1700s: Guilty, not guilty and not proven. A guilty verdict is returned when the prosecution has convinced a majority of the jury that the accused committed the crime. A not guilty verdict is returned when the prosecution has not convinced the majority of the jury that the accused is guilty. Not proven verdicts can be returned when the jury believes the accused may have committed the crime but there is insufficient evidence. The general perception has been that a "not proven" verdict suggests a sheriff or jury believes the accused is guilty, but does not have sufficient evidence to convict. The ‘not proven’ verdict has been heavily criticised in relation to both accused and victim. Renowned Scots author, Sir Walter Scott, famously referred to it as “that bastard verdict”. In 2016 a Labour Party Bill in the Scottish Parliament to abolish the ‘Not Proven’ verdict was 4 defeated by 80 votes to 28. However, it is said to be on ‘borrowed time’. Case against ‘Not Proven’ ‘Not proven’ denies a defendant an acquittal of innocence when the prosecution have failed to prove their case ‘beyond reasonable doubt’. - It stigmatises defendants with the public assuming they are guilty but that there was insufficient evidence - It is argued to be a soft-touch for juries who are reluctant to apply a guilty verdict and encourages the jury to be on the side of the accused Case for ‘Not Proven’ - Not proven verdicts are controversially used most highly in cases of alleged rape where there are no corroborating witnesses. - In 2013-14, the not proven verdict was used in 35% of acquittals following trials for rape The Rape Crisis centre argues that ‘not proven’ encourages rape victims to come forward as the verdict doesn’t label them liars if there is an acquittal due to a lack of corroborating evidence. Double Jeopardy and the right to be tried once Double Jeopardy is a legal principle that prevents people being tried for the same crime twice Benefits of double jeopardy The major benefit is it stops people from being put on trial again and again for the same crime. It also means that the prosecution (in a criminal trial that would be the state or the police) cannot continually try to convict somebody of a crime. Double jeopardy also means that individuals won't be brought to trial on little or no evidence. If police bring a weak, half-formed case with no evidence to court, the accused may be acquitted and the police are not permitted to prosecute them again. Because of this, people are rarely prosecuted unless there is sufficient incriminating evidence. Disadvantages of Double Jeopardy Double jeopardy can cause tremendous problems for the prosecution who must always be very sure about their case before they begin; essentially they get only one shot at successfully prosecuting the accused person. If the police are almost certain somebody committed a crime, but are lacking the ultimate piece of evidence, they may waste valuable time trying to gather more evidence to incriminate the person while they are free to either commit more crimes, or leave the country, or both before their case comes to court. In several cases people have been acquitted of murder — just because some evidence was not quite good enough — only to find that 20 years later new forensic technology has led to incriminating evidence against them, yet they cannot be tried! The double jeopardy rule no longer applies absolutely in Scotland since the Double Jeopardy (Scotland) Act 2011 came into force. The Act introduced three broad exceptions to the rule: - where the acquittal had been tainted by an attempt to pervert the course of justice - where the accused admitted his guilt after acquittal - where new evidence emerged, e.g. new DNA evidence Case study: Double Jeopardy Serial killer and rapist Angus Sinclair was the first person in Scotland to be retried for the same crime after an acquittal (in 2007), following a change in the double jeopardy law. He was jailed in 2014 for a minimum of 37 years for the murders of two teenagers at the World's End pub on Edinburgh's Royal Mile in 1977. Police believe Sinclair also killed at least six other women and girls. Restrictions on reporting in trials: right to privacy and secrecy in criminal trials The press & public may sometimes be excluded from reporting or witnessing part or all of a trial. Restrictions will be balanced against the right of press freedom. If restrictions are placed on reporting it will also usually involve a ‘Contempt of Court Order’ which carries punishments for anyone not following the courts’ orders. Restrictions on press reporting can be for various reasons such as: 5 Restrictions on identifying victims/suspects Victims of sexual offences: The law provides automatic anonymity to the victim in respect of the vast majority of sexual offences from the moment a complaint is made by them or someone else that they are a victim of a sex crime. This applies for life. The reason for this is due to the feeling that victims have already suffered physical or emotional distress and that being publicly named acts as a deterrent to victims coming forward to report the crime. Suspects in sexual offences There has been debate about the rights of suspects to anonymity, especially for suspects arrested on suspicion of sex crimes. The Home Affairs Select Committee has said sexual offence suspects deserved the right to anonymity, unless they are charged or police needed to name them. The UK and Scottish government have so far resisted these calls. Arguments in favour of granting suspects anonymity Some suspects in sex abuse allegations are innocent and face the stigma that goes with being publicly accused of being rapists or paedophiles, such as Conservative MP Nigel Evans, were publicly named and then later acquitted of all charges. allegations affect suspects’ livelihood, causing irreparable reputational damage and enormous financial burden Arguments against granting suspects anonymity for Naming suspects gives other victims the strength to speak out and come forward, e.g. in the case of Rolf Harris and Max Clifford, both found guilty of historical child sex abuse. Victims’ rights groups say making a special case for sex crime suspects "implies that victims are lying". Restrictions on reporting : Children under 18 Criminal Procedure (Scotland) Act 1995 prohibits the publication of the name, address, school or any particulars which could lead to the identification of any person under the age of 18 who is an accused, victim or witness in criminal proceedings. Where a person under the age of 18 years is a witness in criminal proceedings against a suspect over 18 there is no restrictions on reporting unless the court/judge decides so. This applies even when such details are revealed in open court. The media may apply to have this restriction lifted through a court motion or by lodging a formal minute. Restrictions on reporting: Terrorist trials Gagging orders are sometimes made on criminal trials involving alleged terrorist plots or activities for national security reasons. In 2015 London student Erol Incedal was tried in secret. Senior judges said it was right that the full details of the Old Bailey case remained secret. The BBC and other media organisations challenged the reporting restrictions imposed by the trial judge but lost their appeal. Only 10 of the almost 70 hours of evidence were heard in an open public court. Specially accredited journalists were allowed to hear some of the secret evidence in locked sessions, but they were banned from telling others what they had seen or heard, and their notebooks were retained by the court. More than a third of the prosecution case was held in complete secrecy with the jury told they could face jail if they ever revealed what they had heard. In their ruling Appeal Judges said that "departure from the principles of open justice was strictly necessary" Restrictions on criminal proceedings to avoid prejudicing the case against an accused suspect: In some cases reporting on the background of a suspect may prejudice a jury and prevent the accused receiving a fair trial. Court restrictions on reporting in these cases allow this to take place. Cases were restrictions have been applied include: 6 Christopher Jeffries Case: No restrictions In a high profile murder case following the murder of Jo Yeates in December 2011, contempt proceedings were brought against two tabloid newspapers which had published stories and photographs about Ms Yeates’ landlord, Christopher Jeffries, whom the police had detained as a suspect. The newspapers referred to Mr Jeffries as “creepy”, “weird”, “a loner” and “an eccentric”. The Attorney General took both the Mirror and the Sun newspapers to court for being in contempt. He argued that the articles would have made a fair trial impossible as there was a substantial risk of serious prejudice. Mr Jeffries was eventually released without charge and both newspapers were found guilty of contempt and fined- the Mirror £50,000 and the Sun £18,000. Mr Jeffries also received substantial damages from a number of other newspapers following a successful defamation action. Peter Tobin Case For example, in November 2007, the Crown Office issued a guidance note to news editors in relation to material which had been published in the case of Peter Tobin who had been charged with the murder of Vicky Hamilton. At that time, Tobin was serving a sentence of life imprisonment for the rape and murder of Angelika Kluk. The guidance made clear that proceedings in the Vicky Hamilton case were active for contempt of court purposes and that editors should be aware that any further publication or broadcast in relation to Tobin’s character and/or previous convictions could give rise to a substantial risk of prejudicing future proceedings. 7 The Scottish Court System Civil and criminal aspects of the legal system 2. Evaluate / Analyse the extent of court systems ability to deal with crime………………………………………………… 2b To what extent can the Scottish criminal justice system deal with crime………………………………………………… Civil and criminal aspects of the legal system Scotland has its own unique legal system, for example Scotland has 15-member juries for criminal trials (compared with 12-member juries in England and Wales) who always decide by simple majority. Judges and juries of criminal trials have the "third verdict" of "not proven" available to them. Scotland also has a unique system of Children’s Hearings for young offenders. The ethos of the criminal justice has changed remarkably in the last 60 years. The Scottish system, like many others, was based on concepts of punishment and deterrence. Prisons were hostile and brutal places. In more recent times, concepts such as the education and rehabilitation of offenders and restorative justice practices have dominated. Role of the Procurator Fiscal The crown office and procurator fiscal service (COPFS) is Scotland's prosecution service. COPFS’ role is to review reports about crimes from the police and other reporting agencies and then decide what action to take, including whether to prosecute someone. They also look into deaths that need further explanation and investigate allegations of criminal conduct against police officers. Court System – Scotland Justice of the Peace courts JoP Courts were created by the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 and they replaced the former District Courts that were operated by local authorities. JoP Courts handle relatively minor crimes such as cases of breach of the peace, minor assaults, minor road traffic offences and petty theft. Examples of cases the Justice of the Peace court can deal with are some traffic offences, for example driving through a red traffic light , being drunk and disorderly and assaulting a police officer. The maximum sentence that a Stipendiary Magistrate may impose is 12 months imprisonment or a fine not exceeding £10,000. Lay justices can impose custodial sentences of up to 60 days and can impose fines of up to £2,500. Sherriff Court There are a total of 49 sheriff courts throughout Scotland. Glasgow Sheriff Court is reputedly the busiest court in Europe, handling over 11,000 criminal and civil cases a year. Sheriff Courts deal with crimes that are too serious for a Justice of the Peace Court but not serious enough for a High Court. However, on the basis of new evidence being provided, a Sheriff can refer the case to the High Court. Cases can be heard before a sheriff alone (Summary procedure) Sheriff or a sheriff and a jury (solemn procedure). Examples of criminal cases the sheriff court can deal with are theft, assault, possession of drugs, soliciting and appeals from the Children's Hearing. The maximum sentence for cases heard before a sheriff is a fine of £10,000 or 12 months in prison. The maximum sentence for cases heard before a sheriff and jury is 5 years (3 years for cases that were first called before 1 May 2004) in prison or an unlimited fine. 8 High Court The High Court is responsible for the most serious crimes. The most serious crimes include murder, rape, crimes against children and perjury. A judge sits over High Court cases with a jury of 15 people selected randomly from the electoral register(Solemn procedure) Examples of cases which the High Court can deal with are: murder, rape, incest, treason and large scale fraud. . Appearing in the High Court is a serious business and strong punishments are available. There are no limits on the length of prison sentence or the fine the High Court can impose. At the High Court in Edinburgh on 9 May 2016, Lady Rae sentenced Gary Stevenson to life imprisonment with a punishment part of 17 years after the accused pleaded guilty to the murder of Katy Rourke. See http://www.scotland-judiciary.org.uk/8/1588/HMA-v-Gary-Stevenson for case details. At the High Court in Glasgow on 26 April 2016, Lord Boyd of Duncansby sentenced Akib Aslam to five years and eight months imprisonment after the accused pleaded guilty to a hitand-run assault to severe injury, permanent disfigurement and impairment. (See http://www.scotland-judiciary.org.uk/8/1583/HMA-v-Akib-Aslam for case details) At the High Court in Edinburgh on 5 May 2016, Lady Rae sentenced Nikola Zhulev to life imprisonment with a punishment part of 21 years after the accused was found guilty of the murder of Alan Gardner. (See http://www.scotland-judiciary.org.uk/8/1586/HMA-v-Nikola-Borislavov-Zhulev for cased details) Successful Prosecutions in Scottish Criminal Court Cases Prosecutions in court for all crimes and offences (these numbers exclude people against whom proceedings are started but which are stopped before they reach court). The outcomes for these court proceedings in 2013 included: In 8% (9,685 people) of cases a plea of ‘not guilty’ was accepted 4% (5,318 people) of people were acquitted when found ‘not guilty’ 1% (1,116 people) were acquitted when the charge was ‘not proven’ 87% (105,549 people) people had the charge proved There is a large variation in the number of charges that are proved depending on the type of crime/offence. For example: 83% of people charged with homicide had the charge proven 41% of people charged with rape and attempted rape had the charge proven 91% of charges associated with prostitution had the charge proven 61% of people charged with theft of a motor vehicle had the charge proven 92% of people charged with shoplifting had the charge proven For all motor vehicle offences, 94% of people had charge proven REMEMBER, these figures only represent the cases that have actually made it to court. Some crimes will never be resolved. The police may not detect the crime in the first place, or will not be able to identify a suspect. Also, the case might be disposed of at an earlier stage, e.g. if the police or COPFS issue a direct measure. As an example, rape is a crime that has low level of ‘guilty’ verdicts and even lower percentage of cases which maker it to court. High /Court of Appeal The court consists of at least three judges when hearing appeals against conviction and two when hearing appeals against sentence, although more judges may sit when the court is dealing with exceptionally difficult cases or those where important matters of law may be considered. This is known as a Full Bench. Appeals are heard from the High Court of Justiciary, the Sheriff Courts and the District Courts. The High Court also hears appeals in cases referred to it by the Scottish Criminal Cases Review Commission. In 2016 Alan Clark had his 2014 conviction for raping two women and sexually abusing two others in Glasgow, Clydebank and Dumbarton between 2001 and 2012 quashed when three High Court Appeal judges decided that the trial judge had misdirected the jury in a way that 9 prejudiced the outcome of the trial. In 2016 the High Court of Appeal in Edinburgh rejected the Crown Office’s application for a retrial of Francis Auld under the double jeopardy legislation. Auld had been acquitted on a ‘not proven’ verdict for the murder of Amanda Duffy in 1992. Court of Session (Civil Court) The Court of Session, Scotland's supreme civil court, sits in Parliament House in Edinburgh as a court and a court of appeal. It is divided into two parts – the Inner House and Outer house. The Outer House is the court where low value civil cases first appear. Examples of civil cases the Court of Session hear include: divorce and other matters affecting families and children compensation for injuries after an accident or for medical negligence housing matters , e.g. rent or mortgage arrears, repairs and evictions debt and welfare rights immigration, nationality and asylum cases adults with incapacity - guardianship and intervention orders The Inner House The Inner House is in essence the appeal court, though it has a small range of cases it will hear. Appeals are usually heard before three judges. It hears cases on appeal from the Outer House, the Sheriff Court and certain tribunals and other bodies. On occasion, if a case is particularly important or difficult, a larger court of five or more Judges may be convened. Children’s Hearing System – Scotland A children’s hearing (sometimes called a children’s panel) is a legal meeting arranged to consider and make decisions about children and young people who are having problems in their lives. The hearing consists of three members of the local community who act as lay tribunal members, called panel members. The panel listens to the child’s circumstances and then decides whether compulsory supervision orders are needed. The hearing can make a number of different decisions: • that a formal, compulsory supervision measures are not required- case is discharged or… • that more information is needed to help them make a decision, defer the hearing until a later date and make an interim decision on whether a temporary supervision order for a child is needed or not or… • that a compulsory measure of supervision is needed to help the child. Role of the UK Supreme Court Courts are the final arbiter between the citizen and the state, and are therefore a fundamental pillar of the constitution. The Supreme Court was established to achieve a complete separation between the United Kingdom's senior Judges and the Upper House of Parliament, emphasising the independence of the Law Lords and increasing the transparency between Parliament and the courts. The UK S.C. is the highest court of appeal in the UK. The impact of Supreme Court decisions extend far beyond the parties involved in any given case, shaping our society, and directly affecting our everyday lives. For instance, in their first legal year, the Justices gave landmark rulings on access to legal advice for Scottish suspects, the rights of gay asylum seekers, and the weight to be given to pre-nuptial agreements. Opponents of the UK S.C. in Scotland argue it limits the independence of Scottish court system and undermines the Scottish justice systems’ authority. The 2012 Scotland Act made it clear that it is the High Court of Judiciary in Scotland which is the highest court of appeal in Scottish criminal cases, not the UK Supreme Court which and was a response to Nat Fraser’s acquittal by the UK S.C. in 2011 for his wife’s murder. (He was retried and found guilty again by the Edinburgh High Court in 2012.) Issue of corroboration In 2015 there was a failed attempt to abolish the need for corroboration in Scottish criminal trials, a longstanding feature of Scots criminal law which, generally speaking, it is not used in other 10 countries. Corroboration means there must be two separate sources of evidence before a case can proceed to trial. This means that the accused cannot be convicted on the word of one person alone with no supporting evidence. In Scots law the requirement for corroboration does not necessarily need to be by two witnesses. Examples of corroboration may include a combination of DNA or forensic evidence, eyewitnesses and/or circumstantial evidence. Arguments in favour of the principle of corroboration Corroboration is a rule that has served Scotland well. If corroboration were abolished, but the current standard of proof in criminal cases, “beyond reasonable doubt” , was retained, there could be difficulty in establishing sufficient evidence to pursue prosecutions or secure convictions. It is a valuable safeguard which has prevented the series of miscarriages of justice seen in England, for example, the Irish terrorist cases of the ‘Birmingham Six’, where conviction was obtained through confession evidence alone. This would not have been possible in Scotland. Arguments against the principle of corroboration Corroboration is problematic in certain types of crime, particularly rape, sexual or domestic assaults where there is only the accused and the alleged perpetrator present. Conviction rates in these types of crime are very low, e.g. rate of rape convictions in Scotland was as low as 4.6% in 2009/10. It is argued that the conviction rate for sexual offences would improve if corroboration were to be abolished. Corroboration causes problems in some murders cases where there is not enough evidence to convict and in turn may result in a miscarriage of justice. Sarah’s Law/Claire’s LawClare’s Law Domestic Violence Disclosure Scheme, or Disclosure Scheme for Domestic Abuse Scotland (DSDAD) was rolled out in 2015. This scheme, better known as Sarah’s law, allows people to be told if their partner has been violent in the past has been introduced in Scotland. The initiative is named after Clare Wood, who was murdered by her violent ex-boyfriend several years ago. Clare's Law was introduced across England and Wales in March 2014. It was introduced in Scotland after a six-month trial in Aberdeen and Ayrshire which saw 22 people warned that their partners had a history of domestic abuse. Criticisms of Clare’s Law It assumes that only women are the victims of domestic abuse and encourages an attitude of shame and secrecy in men who suffer domestic abuse. Without support and counselling for domestic abuse victims it is limited. Sarah’s Law The Sex Offender Community Disclosure scheme (commonly known as Sarah’s Law) was rolled out in Scotland in 2011. It was the culmination of a UK campaign by Sara Payne, whose eight-year-old daughter Sarah was murdered in 2000 by a convicted paedophile. It allows anyone who wants to find out if someone in contact with a child has a record of child sexual offences. Police forces process the application - but disclosure is not guaranteed. However, an applicant can trigger an investigation to find out if a person has a known history even if there are no firm grounds for suspicion. There have been fears the scheme could drive child sex offenders underground where they will be undetected, or cause vigilante-style attacks. For example in 2013 Bijan Ebrahimi, a disabled Iranian national was killed after a sustained campaign of victimisation and attacks by his neighbours after being wrongly branded a paedophile. There are also fears the scheme is a postcode lottery where some forces are more likely to disclose than others, only 1 in 6 applications for disclosure are successful. 11 Theories and causes of crime Social explanations/theories of crime 2a) Evaluate / Analyse the causes of crime in the UK………………………………………………………………………….. 2b) Evaluate the importance of lack of success in education as a cause of crime………………..... 2c) Analyse different views on the main causes of crime in society………………………………………………… Individualistic explanations/theories of crime 2d) Evaluate / Analyse the view that biological reasons best explain crime ………………………………………… 2e) Evaluate /Analyse the view that it is nature not nurture that creates criminals.……………………………. 2f) To what extent are individual choices the main cause of crime?....................................................... Contrasting theories exist to explain crime and causes of crime. Simplistically this is the ‘nature’, ‘nurture’ debate which can broadly be divided into individualist and collectivist interpretations. Individualistic (nature) explanations of crime range from the idea that some people are 'born criminals' through to the idea that criminals simply make decisions to commit crimes by balancing the risk of rewards versus punishment. Biological theories assume that criminals act in the way they do because of their biological make-up. Cesare Lombroso, a 19th Century Italian Army Doctor, first argued that criminals were ‘born’ with biological abnormalities, “il neo noto’ (the born criminal). Modern biological theories now tend to argue that inherited biological factors alone can’t explain criminal behaviour and are often triggered by other, often social factors such as upbringing or trauma. Collectivist (nurture) explanations of crimes suggests that factors in society, i.e. the environment people grow up in, such as poverty, family, peer pressure, use of alcohol/drugs etc, will make some people more likely to commit crime. These explanations are more concerned with background and formative experiences of criminals (especially in childhood and parental relationships). Psychologists examine the criminal’s mind, personality or temperament and investigated the link between mental illness and crime. Psychologists see deviants ‘sickness’ as lying in mental process rather than physical differences. EXPLANATIONS/THEORIES OF CRIME SOCIOLOGICAL THEORIES Marxist Theory Marxists essentially see crime and deviance as defined by the ruling class and used as a means of social control – if you don’t conform then you will be punished. Institutions such as the police, the justice system, prisons and schools, the family and religion are there to encourage you to conform and obey the rules. They argue that blue collar crimes (committed by the poorest and least powerful in society) are prosecuted more than white collar crime (committed by the richest and most powerful in society) which often goes unpunished, e.g. benefit fraud of small monetary amounts get prosecuted whilst tax avoidance and evasion rarely get taken to court, think Starbucks, Gary Barlow, Sir Philip Green… White collar crime arguably does more damage to society, e.g. fraud costs the UK economy £73 billion a year yet its estimated that only 1.5 per cent of frauds are ever reported and only 0.4 per cent ever receives a criminal sanction. After the 2009 banking crisis the bailout cost the taxpayer £133 billion, or over £2,000 for every person in the country, yet no C.E.O. 12 was put on trial or jailed. Marxists believe Blue collar or working class crimes, committed by the less powerful in society, such as burglary and street crime are focussed on and seen and treated more punitively , e.g. a college student with no criminal record was jailed for six months for stealing a £3.50 case of bottled water during the 2011 London riots. the 2015 Hatton Garden jewellery heist, where an estimated £200 million was stolen, saw six of the eight-strong gang received 6-7 years in prison terms. In the 2011 London Riots Marxists also argue that different social classes are policed differently, with the working class heavily policed in the expectation that they will be more criminal, therefore raising the chances of their crimes being detected. This criminalises the poor for actions that the middle classes also engage in. Strain theory (Merton) Strain theory developed by Robert K. Merton believed that deviance and crime resulted from the culture and structure of society itself. In modern, capitalist democracies it is believed everyone has an equal opportunity of achieving success and there are socially accepted rules for achieving success. Merton believed that can’t achieve success by legitimate means they are placed under strain and more likely to resort to criminal or deviant behaviour to achieve that success. Merton identified different types of • Conformists who pursue their goals playing by the rules and laws. • Innovators seek to achieve their goals by criminal means: often members of the lower social classes who haven’t the advantages of the middle and upper-middle classes • Ritualists are generally law abiding but accept lower goals. • Retreatists ‘drop out’ of society, reject its’ values and find a way to escape it. • Rebels reject society’s goals and values and work to replace them. Criticism: • It does not explain all crime. It over predicts and exaggerates working class crime and under predicts middle class or white collar crime and it does not explain political crime [Taylor, Walton and Young criticism in 1973] Defence: • Supporters believe Merton’s theory can be developed to accommodate most of the criticisms, e.g. political criminals can be included in the ‘rebellion’ definition. • Other theories have built on the ideas of ‘Strain Theory’, for example: Albert K. Cohen’s ‘sub-culture’ theory built on these ideas to explain delinquency amongst youths. ‘Sub-culturism’ suggests unequal access to opportunity led to pressure on certain groups within the social structure to break the rules. Sub-culture theory can explain gang culture and ‘young teams’, particularly in deprived areas of Glasgow which have some of the highest rates of poverty and deprivation as well as the highest ratio of gangs to population in the UK with an identified 110 gangs across the city. Glasgow also has the second highest homicide rate in Western Europe with 3.3 murders per 100, 000 of population (Amsterdam is highest with 4.4 per 100,000). Social control theory (Hirschi) Hirschi's Social Control Theory believed that people only became criminals when their "bond" to society was weakened. Hirschi believed that all humans are pleasure seeking by nature and when they are not stopped by society rules or laws that forbid certain crimes (or even pleasures) they may be tempted to participate, e.g. illegal drug and alcohol misuse amongst minors can be partially explained by this theory. Attachments to society are also heavily influenced by family and these relationships can affect the individuals’ relationship to society and increase the chances of following a hedonistic, illegal lifestyle if illegal actions have been witnessed by young people amongst their parents or adults they know. 13 In Scotland regular use of harmful/illegal substances (tobacco, alcohol and drugs) has fallen over time and is now at an all-time low. This maybe a result of significant legal and preventative measures to control substance misuse, e.g. the increase in the age for tobacco sales from 16 to 18 in 2007 & the 2006 public smoking ban; the challenge 25 alcohol campaign; and ‘Choices for Life’, and the drug prevention campaign ‘Know the Score’ which have been part of a preventative approach. However, significant minority of young people, 15% of 15 year olds in Scotland, still regularly misuse substances and two key risk factors have been identified : Disengagement with school (being excluded and truanting) and less parental supervision in monitoring of children’s behaviour. Poverty and whether you are from a minority background. Right realism/Rational Choice Theory (Murray) Right realists believe that crime is a growing social problem and is largely committed by lower working class male juveniles, often black, in inner city areas. Right realists including Charles Murray, an American sociologist, theorised that a growing, criminal social underclass existed in the UK. This underclass are usually from single parent families, lack positive male role models or authoritative figures, are poorly educated, ill-behaved, delinquent and live in a culture of dependency with no intention of working. Right-realists blame the welfare state for creating an underclass that don’t take responsibility for themselves and their families and live off the state and illegal activities. Left Realism/Relative Deprivation (Young et al) Left-realism(LR) is a left wing theory of crime which explains crime as being caused by social conditions and that it is linked to deprivation. Relative Deprivation- where a group feels poorer and worse off compared to another groupis linked to crime. It is not being deprived and poor but the feeling of deprivation which is important. Left-realists also view subcultures as the collective solution to a group’s problems, i.e. if a group of individuals share experiences or feelings of relative deprivation, they will develop lifestyles which allow them to cope with this problem. This may lead to gang cultures, drug dealing, delinquency and criminality. A third idea of L-R is that of marginalization. Marginal groups are groups whose views and interests in political life are not listened to and who have no interest in politics. L-R argues that marginal groups in society are particularly prone to the use of violence and riots as forms of political action because of disenchantment. This may explain the 2011 London riots and the rioting that took place during the 2011 anti-cuts protest marches and demonstrations in London. Social learning theory (Family influences) –Bandura’s Bobo Doll experiment Social learning theory (SLT) suggests that behaviour of all kinds is learned through the observation of behaviour modelled by others. This theory is particularly applicable to children who observe aggressive, violent or criminal behaviour of parents and adults. If a form of behaviour is rewarded it is likely that a child who sees this will more likely copy that behaviour, whereas if a certain type of behaviour is punished there is less likelihood of the child copying or mimicking it. To test this theory, psychologist Albert Bandura conducted a social experiment. His ‘bobo doll’ experiment saw adults aggressively hit a blow up doll like a punch bag with two groups of children watching. One group witnessing it saw the adult punished for hitting whilst the other group witnessed praise being given. The group where the aggressive behaviour was praised repeated hitting the doll. This suggests children copy behaviour and actions they witness. Many prisoners have problematic backgrounds. UK Government study in 2012 show many prisoners had experienced abuse (29%) or observed violence in the home (41%) as a child – particularly those 14 with a family member with an alcohol or drug problem. A significant minority (37%) of prisoners also reported having family members who had been convicted of a non-motoring criminal offence. BIOLOGICAL THEORIES OF CRIME Biological theories of crime attempt to explain that criminal behaviour and violence is down to an individual’s genetic characteristics and that this behaviour is largely beyond an individual’s control. Essentially this suggests that it is in some people’s nature to be criminal or violent. Chromosomes – XXY Chromosomes are part of the cell that carries hereditary DNA information in the form of genes. Women have two X chromosomes and men usually have an X and a Y chromosome. However, in 1 in 1,000 men have an individual has an extra Y chromosome. XYY (supermale) chromosomes may act on the brain's limbic system which regulates man's impulses toward violence and can somehow help trigger violent criminal acts. Studies have shown nearly 4% of a prison population may have the XYY trait, in contrast to less than 0.1% of the general population. Studies in Denmark found that men with XXY chromosomes were more likely to have been frequently convicted of sexual abuse, arson and burglary. However, studies also accept that social factors, such as deprivation and poverty, may also have been factors. XYY carriers are no more aggressive than average but are characteristically tall, of low intelligence and more impulsive which may make them more likely to be caught if they commit crime or make them prone to crimes that are easily detected. Adoption Studies - Inherited personality disorders and criminality In an adoption study, the similarities between adopted children and their biological and adoptive offspring are compared. Where the similarity is greatest with the adoptive parents an environmental influence can be assumed on the characteristic in question. Conversely, where there is greater similarity with the biological parents this may indicate a genetic influence. A study of 15,000 adopted children in Denmark suggested a predisposition to criminal behaviour may be inherited. However, the criminal behaviour itself was not inherited, but was more likely caused by nervous system characteristics, low intelligence and a predisposition to alcoholism (which can be biologically determined). Several limitations should, however, be mentioned. First, it may not be criminality per se that is being inherited. For example, there appears to be heritable predisposition towards alcoholism (Bohman et al, 1982). Since alcohol abuse is associated with violent crime, this may be where the genetic link comes from. Second, similarities between biological parents and their offspring need not be genetic. Criminal convictions are associated with poverty and low socioeconomic status. Both of these are stressful. Maternal stress during pregnancy can lead to developmental problems in the offspring, including behaviour disorders which might lead to criminal convictions later in life. Third, many adopted children are not adopted at birth and their life experiences prior to adoption may significantly affect their later development. The Warrior Gene( MAOA enzyme) Recent advances in the field of genetics show that genes may well play a role in criminal behaviour Neuorocriminology Professor, Adrian Raine’s research using brain scans shows that the criminal brain has distinctive features. Brain scans of murderers show their prefrontal cortex, the part of the brain that is key to self-control, was less active than normal and concluded this made them more likely to be violent The gene MAOA (monoamine oxidase A ), commonly known as the ‘warrior gene’, is associated with violent crime. In the USA, Bradley Waldroup’s genetic profile was 15 highlighted as a contributing factor for the murder he committed (along with the fact that he had been abused as a child). His defence cited research evidence that a combination of the high-risk MAOA gene (the Warrior Gene) and child abuse increases the chances of committing a violent offence by more than 400%. PSYCHOLOGICAL THEORIES OF CRIME These explanations are more concerned with background and formative experiences of criminals (especially in childhood and parental relationships). Psychologists see deviant/criminal ‘sicknesses as lying in mental process rather than physical differences. Maternal Deprivation Theory Criminal behaviour is more likely in children who have suffered maternal deprivation in infancy. This theory suggests that there is a critical period for developing an attachment (about 0-5 years)usually with parents . If an attachment has not developed, the child will suffer irreversible developmental consequences, such as reduced intelligence and increased aggression. ‘Fractured Families’, the interim report of the Family Breakdown Working Group, found that children of neglectful parents are more likely to suffer impaired psychological development and be at increased risk of drug and alcohol abuse and delinquency. Rod Morgan, former Chairman of the Youth Justice Boards believes ‘the most troubled and troublesome children in our society are drawn mainly from families which have repeatedly broken down internally and externally’. However, this is not just about poverty. Children from deprived backgrounds who avoided criminal tendencies had generally experience good parental care. The collapse of marriage is linked to soaring crime rates, with children from split families being nine times more likely to engage in criminal behaviour. 12000 babies aged between 0-2 are separated from their mothers because of prison- and children of prisoners are three times more at the risk of anti-social or delinquent behaviour Children of those who smoked heavily during pregnancy are 31% more likely to have been arrested and were more likely to be repeat offenders OTHER THEORIES OF CRIME Feminist Theory - Gender & Crime The expectations that society has of men and women are different. This means that men, for example, may be expected to ‘stand up for themselves’ in a way that women are not. Some criminologists argue that the influence of ‘gender roles’ is an important cause of criminality. Figures show men are more criminal and more violent than women: 90% of prisoners in Scotland and the UK are men 96% of worldwide murders are committed by men There are several reasons why this may be the case Opportunity – men are more likely to be in places where crime and violence are more likely to occur, e.g. pubs, clubs, city centres. Time – many crimes take place at night, traditionally women are less likely to be out at night than males. Stereotyping- police have criminal profiles which mean they will be more focused on policing males and especially young males rather than women. Chivalry theory – this is the view that police, courts and criminal justice treats women more leniently and that they are therefore less likely to be arrested, charged or imprisoned. Labelling theory (Becker) Social groups create deviance by making the rules and laws which when broke see the individual or group negatively labelled. The deviant is the person who the label is applied to. Labelling can have a negative effect because a label is not neutral: it contains an evaluation of the person to who it is applies. It colours all the other statuses, which the person has. So, if you define someone as homosexual, a ‘ned’, or mentally ill, it undermines their status 16 as parent, worker, neighbour and friend. Negative assumptions tend to be made in relation to such labels. Individual’s self-image and self-esteem is largely drawn from the responses of others to ourselves, so the individual will tend to see themselves in the terms of the label society applies to them. This may produce a self-fulfilling prophecy. In other words, if you treat someone as being anti-social, they will become anti-social. Negative labelling will result in negative behaviours This theory argues that politicians and the media harping on about ‘Broken Britain’ and ‘feral youth’ has alienated young people, especially young males and minorities in the UK and Scotland, and has contributed towards gang cultures and explosion of crime such as the 2011 London riots. 17 The Impact of Crime on Society 3a) Evaluate / Analyse the impact crime has on victims, offenders and their families…………………………………… 3b) Evaluate/ Analyse the ways in which the victims of crime are affected…………………………………………………… 3c) Evaluate/Analyse the view that crime only affects the victims………………………………………………………………… The social, economic and political impact on the wider community 4a) Evaluate/Analyse the socio-economic consequences of crime on a group or groups you have studied… 4e) Evaluate/Analyse the social, economic and political consequences of crime on society………………………… Likelihood of being a victim of crimePoverty The Scottish Crime Justice Survey (SCJS) shows people living in poverty and deprived areas are more likely to experience crime In 2015 21.2% of [people living in poverty Not only are poorer people likely to experience crime they are more likely to be repeat victims Most poverty exists in urban areas and more property and violent crime occur in urban areas, therefore the urban poor are 2 x more likely to be victims of crime as a result. Young People Young people are more likely to be victims of crime. New research has found that, if you're looking for a young person who might be a criminal offender, one of the best ways of predicting it is by finding out whether he/she has been a victim of crime. Two thirds of British children have admitted to some form of delinquency. Edinburgh University has found that young offenders are much more likely to become victims of crime themselves. Young people face higher risks of crime than older people. The Scottish Crime and Justice Survey shows young, males living in deprived areas are more likely to experience crime 20.4% of 16-24 yr olds experienced crime in 2014-2015 15.6% of males experienced crime 21.2% of people living in deprived areas experienced crime 4.4% of the Scottish population experience 58% of all crime Old People Although older people are statistically less likely to be the victims of crime it does have a more devastating effect on them than other groups. Half of those aged over 75 yrs old are afraid to leave home, fearing mugging or verbal abuse Older people are targeted due to their vulnerability and are ‘easy targets’ Criminal gangs target vulnerable lonely elderly people in savings and investment and financial scams. Gender The risk of being a victim of any crime was slightly higher for males than for females. 18 per cent of males had been the victim of at least one crime in 2011/12 compared with 16 per cent of females. Around 4 per cent of males experienced violent crime in 2011/12 compared to only 2 per cent of women. However, women suffer more domestic violence and sexual assaults Women feel less safe walking alone at night compared to men – 86% of men felt safe compared to 64% of women. Almost 20% more women than men have been victims of domestic abuse. Almost 5% more women than men have been victims of serious sexually assault. 18 Race Minority groups are also more at risk from some criminal offences, irrespective of racially motivated crime, due to their high concentration in high crime areas. In many cases, crime is simply linked to deprivation, but the victims’ experience of racism leads to their perception that they are. This was underlined by the case of London teenager Stephen Lawrence who was killed by a group of white youths, yet no prosecution was undertaken, until recently. Crime can be considered as another aspect of the radicalised experience of life for minority ethnic groups. • East London local authority housing estate- 30 Bengali families experienced on average 4 ½ attacks in a 6 month period • Other incidents included stone throwing, chasing, being threatened and prevented from entering their flats, being punched, verbal abuse, armed robbery, doors kicked in, eggs thrown at windows, arson attempts on homes Geography/Residency 45 per cent of all property crimes took place immediately outside the home. Violent crime happens in a number of locations including in or around a pub, bar or club (12 per cent) and in or near the victim's place of work (32 per cent). 54 per cent of all property crime took place on a weekday and 33 per cent took place at the weekend. 49 per cent of violent crime took place at the weekend. Impact of crime on victims Physical In 2014-2015 in Scotland 48% of violent crime resulted in injury, most common were bruising & black eyes (61%) and cuts or minor scratches (25%) Victims of crime often, especially violent or sexual crimes, report physical reactions long after the crime – post-traumatic stress disorder (PTSD)anxiety, lack of sleep, depression, suicidal tendencies… Psychological 2015 research from Allianz Insurance has found that it takes, on average, eight months for victims of burglary to feel safe in their home again following the incident. Only 45% return to feeling 100 per cent safe in their home all the time. As well as feeling unsafe, victims display a variety of emotions in response to a burglary according to the research. Anger is the strongest emotion that victims of burglary reported – lasting for an average of 11 weeks, while feelings of anxiety and worry last for around two months; which in some cases can have varying psychological impacts on victims. Impact of crime on offenders The impact of Possessing a criminal record can vary depending on the type of crime(s). Often the negative things may include: Suffering the loss of a job or a lack of employment due to employers being unwilling to hire an ex-convict – many jobs require disclosure of criminal convictions and many jobs will not hire someone who has drug convictions, called Disclosure in Scotland and Criminal Records Bureau (CRB) check in England. Criminal records may result in curtailing travel abroad as some countries such as the USA and Australia have strict visa application procedures and may not grant a visa to convicted criminals. Criminal records checks may result for mortgage and insurance may result in higher premiums . Personal lives may be affected by criminal records and prison sentences Drink driving conviction for offenders – loss of license can often result in a loss of employment. Psychologically there is shame and embarrassment associated with having a criminal record 19 which in extreme cases can turn to despair, depression or suicide. Impact on families There could also be an impact on their family. If the person is severely injured then they may be unable to return to work meaning a drop in income and all the difficulties this may bring e.g. poorer lifestyle, diet, health etc. In this way crime can affect a much wider group. The family of the offender may also be affected by the crime. They may feel ashamed and be shunned by their community. These are often more serious and longer lasting than the initial physical damage to the victim. It is too simplistic to say that only the “victim” is affected. Economic/financial impact Crime costs the UK billions of pounds every year in police, court and prison costs as well as compensation payments In 2013 violent crime cost the UK almost £125 billion, equal to almost 8% of UK GDP or equivalent to £4700 per household Retail crime costs the £1.6 billion per year, with companies forced to pass these costs onto customers in increased prices Impact on communities Often the whole community is affected by a criminal act. From the actions of only a very small group of offenders a local area can gain a “bad” reputation if there is too much violent crime. For example, some parts of Glasgow have a reputation for violent gang crime. This can have a negative effect on the spirit of the people who live there but can also have a negative effect on the area’s economy. If people don’t want to live there then house prices may drop. Household and car insurance in the area may become more expensive, further driving people away. People who stay will have less to spend. Local business may not wish to be associated with the area leading them to relocate. Unemployment may then rise further reducing the desirability of the area. Local business will of course suffer as they may have to pay higher insurance premiums etc. Overall, to suggest that crime only affects the victim is clearly wrong. It can have a negative impact on the social and economic life of an entire community. On the other hand the impact of a major crime could bring a community together and create a determination among people that the community will get over it and grow stronger. A good example of this was the midnight anti-rape protests which took place in Glasgow in order to support the victims and to show solidarity against criminals Case Study: Glasgow Glasgow had a reputation for being the UK’s most violent and criminal city according to the UK Peace Index. Glasgow has 2.7 murders per 100, 000 people compared to London with 1.67 per 100,00As a result there were a lack of facilities in many of Glasgow’s more deprived areas, e.g. Easterhouse, Calton, Bridgeton/Dalmarnock. In recent years, p[particularly with the Commonwealth games there has been a massive investment in these areas which has addressed the housing crisis in a an attempt to Political/legal impact – e.g. New anti-terror legislation 20 Methods of tackling crime and their effectiveness 5a) Evaluate/analyse the effectiveness of the police in tackling crime……………………………………………….. 5b) Analyse/Evaluate the effectiveness of police methods in tackling crime………………………………………. The Role of the police The police have several functions to fulfil including maintaining law & order, detect crime, preventing crime and ensuring public safety. Police Scotland Restructuring Police Scotland, a unified Scottish Police Force, came into being in 2013. Police Scotland’s creation was a restructuring of the Police organisation across Scotland. There is now one police force, comprising 17,000 officers, which replaced the previous eight divisions across Scotland. Police Scotland now splits Scotland into 14 different territorial divisions, e.g. there is a division that covers the whole of Glasgow, East Renfrewshire and East Dunbartonshire whereas the city of Edinburgh is policed by a single police division. Each division has a Chief Superintendent in charge of the policing in that local area. Police Scotland is held accountable to the Scottish Police Authority (SPA) and, to an extent, by the media who cover stories on their performance. Critics of Police Scotland have said the restructuring is a cost-cutting exercise that will save money but reduce the quality of policing. The SNP government argue that it will maintain quality whilst making efficiencies in backroom operating costs and will not reduce frontline policing. Successes of Police Scotland Commonwealth Games Policing Police Scotland successfully maintained public order during the 2014 Commonwealth games, a major international sporting and tourist event which was also a potential high profile target for terrorist activity. Crime Rates In recent years crime levels in Scotland have dropped significantly across some key areas. In 2015 overall crime was down 5% with violent crime having decreased by 6%, and murder rates having dropped slightly. Detection rates of crime stood at 84% and 80% of police services users had high or very high confidence levels in the police. Crime is at a 41 year low in Scotland. Zero Tolerance (Intensive Enforcement) Knife crime prevention has been a major focus and target of Police Scotland and the Scottish Government. In December 2013 Police Scotland took a zero tolerance to anyone caught carrying a knife. Knife crime dropped by 28%. Coupled with outreach campaigns under the ‘No knifes, better lives” banner have been a success with crimes involving handling an offensive weapon decreasing by 67% in Glasgow and 60% in Scotland since 2006/7. Savings & Police Numbers It is estimated restructuring the police in Scotland will save £1.1 billion by 2026; in 2014 police Scotland met targets to save over £60 million. In its first two years up to December 2015 Police Scotland made savings of over £130 million. Despite savings, there has been maintenance of the SNP government’s commitment to maintain an extra 1000 police officers above 2007 levels. Criticisms of Police Scotland Police Scotland has also been severely criticised on many issues, e.g. - The use of stop and search policies using criminal profiling of youths. Scottish Ministers criticised the use of stop and search of teenagers for alcohol without probable cause as having no legal basis and ordered Police Scotland to desist from this. From 2014-2015 use of stop and search by Police Scotland dropped by 40%. 21 - the death in custody of Sheku Bayoh (a Sierra Leone immigrant arrested while allegedly under the influence of drugs and wielding a knife). - The Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012 has also been controversial in how it is applied at football games by police. This law makes sectarian singing and inciting religious hatred at football games illegal. Football fans criticise this as a law against freedom of speech and that it criminalises innocent football supporters for singing traditional football songs. Opponents argue the police already had enough powers under existing laws to challenge violent behaviour and that punishments are disproportionate. - Police failure to respond to an M9 crash in July 2015 led to further criticism of Police in Scotland. A couple, John Yuill and his partner Lamara Bell, died after it took three days for officers to respond to reports of their car leaving the M9 road near Stirling due to miscommunication. As a consequence the Chief Constable of Police Scotland , Sir Stephen House, was forced to resign in December 2015 amidst calls for a return to a Federal organisation of the Police in Scotland by opponents of the SNP government. The SNP government also reversed a decision to close three police call centres as a result. Arming the police Controversy surrounds the issue of arming or allowing armed police officers to attend routine incidents and patrol streets; - Tasers: The Police Federation (the ‘union’ for frontline police in Scotland) has called for ALL police vehicles to be armed with Tasers due to increasing numbers of police assaults- 1 in 3 officers is assaulted with over 5000 incidents a year. Police Scotland have no plans for this and only trained armed response police are allowed to use Tasers. - Guns: In 2014 the sight of Specialist armed police officers routinely patrolling in Scotland caused public and political concern. As a result Police Scotland reviewed their policy and performed a u-turn by deciding that in future armed police will only be deployed to firearms incidents or where there is a threat to life. However, Police Scotland said the standing order allowing the deployment of officers with handguns and Taser stun guns would continue and that only 2% of the near 18,000 officers are qualified to carry weapons. Community Policing Community policing tries to attempt to develop close alliances between the police local communities Social Benefits - Help reduce citizen fear of crime - Improve police-community relations - Creates more effective responses to community problems Limitations - Can increase hostility between the police and neighbourhood residents can hinder productive partnerships - increases in officers' decision-making autonomy can lead to greater opportunities for police corruption - resistance within the police force can hamper community policing's successful implementation. Police Scotland’s centralisation of services and budget cuts have been criticised as undermining community policing in Scotland with police 58 per cent of people thought the single force did a good job, compared to 61 per cent two years ago. However, falling crime rates (41 year low) 22 Methods of tackling crime and their effectiveness The function of prisons 6a) Analyse/Evaluate prisons effectiveness in tackling crime and reoffending…………………… 6b) To what extent does prison effectively deal with crime…………………………………………pg Rehabilitation and community sentences are effective in tackling crime (Prisons are ineffective) Prison failures “Prisons sometimes do good but they always do harm” Overcrowding Prison is not an effective way of tackling crime as prisons are often overcrowded. The imprisonment rate in Scotland is 147 per 100,000, much higher than other countries such as Norway which only locks up 73 per 100,000. The UK’s prison population has doubled since the 1990s from 45,000-over 86,000. Scotland‘s prisons have a capacity of 8000 but the prison population has been as high as 8500 in recent years. This means that prisoners are often locked up for up to 23 hours a day and don’t get access to exercise or educational or work programmes. Reoffending Scottish and UK prisons have a high rate of reoffending. 60% of prisoners sentenced to less than 3 months reoffend, while 10% of long-term prisoners reoffend after release. 45 % of women reoffend. Reoffending costs the UK £ 13 Billion per year and Scotland an estimated £3 billion per year. Violence in prisons Violence is still common in Scottish prisons but declining- perhaps in line with declining prison population. There were over 100 deaths in Scottish custody from 2010-2015, nearly 2000 recorded prisoner-on-prisoner assaults in 2014 and there is regularly over 150 assaults on prison staff. Drugs in prison Drug taking in Scottish prisons is an increasing problem. In 2015 the number of prisoners Rehabilitation and community sentences are ineffective in tackling crime (Prisons are effective) Prisons Successes “Prison is the only punishment that can meet the four purposes of retribution, incapacitation, deterrence and rehabilitation” Retribution, incapacitation, punishment & deterrence Prison fulfils the function of retribution as it gives justice to the victims of crime. By incapacitating criminals it also increases public safety as it removes criminals from society by incarcerating them. Prison can also be an effective method of tackling crime as it involves the loss of freedom and so is a form of punishment. Punitive approaches arguably act as a deterrent to many people and stop them from committing crimes for fear of being locked up and losing their liberty. Overcrowding Since the Criminal Justice and Licensing (Scotland) Act 2010 there has been a presumption against using prison sentences of 3 months or less and using community sentences instead. Scotland‘s prison population has been steadily declining as a result. Now only 30% instead of 50% of Scottish prisoners are serving sentences of less than three months. In 2015 an average of 7,700 people were in Scottish prisons, a decrease on the previous year. There has also been an extensive addition to Scotland’s 13 public prisons to increase capacity and modernise facilities, e.g. HMP Low Moss and HMP Grampian. There have also been developments in the use of two new private prisons in Scotland’s prison system(Addiewell & Kilmarnock), run by security firm SERCO. 23 caught taking drugs in Scotland’s jails rose by almost 15 %. HM Chief Inspector of Prisons for Scotland (HMIPS), David Strang, has also reported that legal highs and synthetic cannabis use are an increasing problem in prisons which encourages debt, bullying and violence and in some cases has led to the suicide of prisoners. Shortages in prison staffing and the use of drones to fly drugs over prison walls are making it easier to smuggle drugs into prisons. Costs Prison is hugely expensive to the taxpayer. It costs over £33,000 per year to keep a person in prison. The cost of running Scotland’s prisons is almost £250 million. Spending a proportion of these sums on education, health and housing could be more productive use of public money. Purposeful activity, rehabilitation & reducing reoffending The Scottish Prison Service offers a range of programmes to meet the diverse needs of people in prison. Programmes include treatment for addictions, programmed interventions to address offending behaviour, educational and vocational courses, and support on release. HMP Barlinnie piloted a scheme to Support for short-term prisoners offering them support worker who helps with throughcare housing, education, family and work opportunities. HM Young Offends Institute Pomona offers the ‘Paws for Progress’ scheme which provides YOs with social skills, work skills and SQA certification. Although still high, reoffending rates in Scotland are declining and have dropped 18% from 20102015. 24 Methods of tackling crime and their effectiveness Non-custodial Punishments 6a) Evaluate the effectiveness of non-custodial sentences in tackling crime………………………………………. 6b) To what extent are community punishments more effective than prisons in tacking crime …...... Community Payback Orders Community Payback Orders (CPOs) are used to deal with relatively low-level antisocial crimes. Community based sentences are most likely to be effective if targeted at those offenders who have not committed very serious offences and who do not present a high level of risk of harm to the public but are at a relatively high risk of re-offending. These offenders have the potential to change their attitudes and behaviour but do require some supervision and support. CPOs may include the unpaid work or other activity, offender supervision, compensation, mental health treatment, Drug treatment, and/or alcohol treatment. Offenders who serve a community order instead of a custodial sentence are ⅓ less likely to re-offend and 4 times less likely to end up in custody for a future offence. Reoffending rates in Scotland for prison sentences were 47%, compared to 39% for community-based sentences. 6 months in prison also costs more than 10 times as much as a community service order, so CPOs are a cheaper as well as more successful option than prisons. Home Detention Curfew Order (Tagging) Restriction of Liberty Order are used with probation, can perhaps set useful boundaries for short periods and can help to engage offenders in constructive activities if used in conjunction with probation. Electronic Monitoring or Tagging thousands per year in UK, though most used for early release 2% of offenders have re-offended while tagged (most were driving offences) 50% of HDCs are breached each year Drug Treatment Testing Orders (DTTOs) DTTOs offer drug treatment and testing to offenders with drug problems who have mostly committed theft to fund a drug habit. Drug Treatment and Testing Orders are expensive but potentially effective alternatives, providing treatment for those who turn to crime to fund drugs habit However, rates for reoffending for those given DTTOs in response is worryingly high at 65% Fines Financial Penalties- if linked appropriately to income can be most appropriate for offenders who are unlikely to become recidivists – this does not rule out fines for relatively serious offences. 55% of all sentences issued in 2013-2014 were financial penalties Fines issued by the Sherriff court are more likely to be repaid (approx. 90%) than on-thespot fines issued by police (approx 60%) for anti-social behaviour The case for fines The fine is a ‘punishment’ because it inflicts financial pain It can deter individuals from offending and convicted criminals from reoffending Fines have fewer reconvictions than other penalties. The case against fines 25 Fines do not repair damage done by the original crime, and do not offer the offender an opportunity to be rehabilitated. Fines can be paid by others rather than the offender, e.g. In the case of young offenders, it is assumed by courts that parents will pay the amount due. Fines don’t affect everyone similarly, e.g.10 individuals fined the same amount could be affected in very different ways, depending on their wealth and ability to pay. Restorative Justice Restorative Justice (RJ) gives the person responsible for the harm a way to discuss the incident and hear the effect it has had on the person harmed. Participation is entirely voluntary and either party can withdraw from the process. Restorative justice can be carried out through conferencing, face-toface meetings or shuttle dialogue facilitated by a social worker. A mutually agreed action plan helps to repair the harm and often includes a letter of apology, financial reparation, a reparative task or charitable donation. Every £1 spent on delivering Restorative Justice saves up to £9 by lowering the cost of offending. Academic studies show restorative justice substantially reduced repeat offending for some offenders, but not all. Benefits also include reducing crime victims' post-traumatic stress symptoms and related costs, providing victims and offenders with more satisfaction with justice than criminal proceedings and prison, reducing crime victims' desire for revenge, reducing the costs of criminal justice and reducing reoffending more than prison does. However, RJ doesn’t work well for sexual offenders, drug offenders or domestic violence cases. 26 Methods of tackling crime and their effectiveness Socio/economic/political solutions to crime 7a) Evaluate / Analyse the effectiveness of government methods to tackle crime………………………………….… 7b) Evaluate / Analyse the effectiveness of government methods to tackle crime……………………………………… 7c) “Government methods to tackle crime have been ineffective” Discuss................................................... The Scottish and UK governments continuously introduce policies and legislation to tackle crime and ‘nudge’ society by changing patterns of social behaviour. The Scottish government for instance introduced its ‘Strategy for Justice in Scotland (2013)’ which had a range of measures aimed at crime prevention: Policies to tackle anti-social behaviour Policies to counter terror threats New laws for victims of forced marriages Tougher punishments on prejudicial, racial and religiously motivated crimes Child protection measures Prostitution & kerb-crawling Misuse of firearms and air weapons Youth Crime Initiatives – Kick it Kick Off Government methods that have been effective in tackling crime Criminal Justice Licensing (Scotland) Act 2010 The Scottish government set out measures to tackle and reduce reoffending through greater use of non-custodial sentences, known as community payback orders (CPOs) [see p. 24-25 on noncustodial sentences]. This Act also included measures to: New sentencing council Raise criminal prosecution age from eight to 12 Presumption against short jail sentences Community payback orders as alternative to jail terms New offences on stalking, slavery and "extreme pornography" Tougher penalties for involvement in organised crime Anti-social behaviour orders An antisocial behaviour order (ASBO) is an order, given out by a court, to stop a person from behaving in certain ways or doing certain things. An ASBO is a civil court order. This means that it is not a criminal conviction and therefore does not give a person a criminal record. However, a person can still be prosecuted for criminal behaviour and be put in prison or fined, even if they already have an ASBO against them. Someone with an ASBO against them can also be prosecuted if they breach the terms of it. Examples of things that could be classed as antisocial behaviour under the law include: noisy neighbours graffiti drinking or drug use which leads to people being rowdy and causing trouble large groups hanging about in the street (if they are causing, or likely to cause, alarm and distress) litter problems racism. Reducing knife, gun and violent crime A significant minority of all violent crime and knife crimes are carried out by youth gangs, To tackle this Scottish and UK governments have introduced tougher sentencing as well as crime presentation measures: 27 In 2012 the Scottish Government extended the maximum jail term for carrying a knife in Scotland Firearms legislation made it an offence to possess sell or transfer an illegal firearms with a maximum sentence of up to life in prison and unlimited fines from 4 to 5 years ‘No Knifes, Better Lives’ is a national campaign aims to raise awareness of the consequences of carrying a knife among young people. Medics Against Violence (MAV) is a Scottish secondary school programme to influence attitudes to violence among young Scots. NHS professionals go into schools to talk directly to pupils about the consequences of violence & how to stay safe and make positive choices. The number of young people under 19 in Scotland convicted of handling an offensive weapon has also fallen by 82% from 811 in 2006/07 to 146 in 2014/15, suggesting government approaches are succeeding. Tackling hate crimes The Scottish government invested heavily in Equality Funding (£63 million) and Tackling Sectarianism Fund (£9 million) which support community and education initiatives to combat prejudice, discrimination and hatred, introducing new laws to prosecute anti-social and violent prejudice, including sectarianism and used the Community Payback Order change offending behaviour. The Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012 This law criminalises behaviour which is threatening, hateful or offensive at a football match including offensive singing or chanting. It also criminalises the communication of threats of serious violence and threats intended to incite religious hatred, sent through the post or posted on the internet. The Offences (Aggravation by Prejudice) (Scotland) Act 2009 This law provides for statutory aggravations for crimes motivated by malice and ill will towards an individual based on their sexual orientation, transgender identity or disability. The Criminal Justice and Licensing (Scotland) Act 2010 further strengthened statutory aggravations for racial and religiously motivated crimes. From 2013-2014 the number of sectarian incidents recorded at Scottish football matches fell by 40% - 51% of the football-related cases involved either Rangers or Celtic. Race motivated hate crimes are also falling across Scotland whereas in England and Wales hate crimes, 80% of them motivated by race, have increased in recent years. Alcohol related crime Alcohol related crime is estimated to cost the UK over £20 billion every year, £ 3 billion in Scotland which equates to £900 per person. 45% of offenders were drunk at the time of their offence 75% of young offenders were drunk at the time of their offence Both UK and Scottish governments have attempted to curb this by introducing laws designed to change behaviours with regard to alcohol consumption: Alcohol (Minimum Pricing) (Scotland) Act 2012 The minimum unit price of 50p per unit was brought in to affect cheap white ciders and spirits with high alcohol content which tend to be favoured by problem drinkers. Drinks manufacturers have challenged this and the European Court of Justice warning that such a move would be illegal if tax rises could be used instead. Alcohol related crime has dropped in the last decade in both England & Wales from 1.3 million crimes to under 1 million. Drink Driving Limit Reduction (2014) The Scottish government reduced the legal alcohol limit for driving from 80mg to 50mg in every 100ml of blood. The limit in England and Wales remains at 80mg. Drink-drive numbers fell by 12% in the year after the Scottish limit reduced 28 82% of Scots now believe that drinking any alcohol before driving is unacceptable. Drug related crimes and deaths Under the Misuse of Drugs Act 1971, illegal drugs are divided into Class A, B and C. Penalties are most severe for Class A drugs like crack cocaine and heroin, and least severe for Class C drugs like khat and anabolic steroids. Producing or supplying a Class A drug can be punished with life imprisonment, while there is a 14-year maximum term for Class B and C. Possession is treated less severely, with maximum sentences of seven, five and two years for Class A, B and C respectively. Warnings and on-the-spot fines are sometimes given for possession of drugs. To deal with the new ‘designer drugs’ and ‘natural highs’ on the market the government can now ban new drugs for 1 year under a ‘temporary banning order’ while they decide how best the drug should be classified. Drug courts and DTTOs (see p. 24-25 on non-custodial sentences) The percentage of under 25s reporting using heroin from 58% to 23% between 2006 – 2015 Patterns of drug use suggest Tackling Terrorism & National Security The Terrorism Act 2010- extended legal rights to detain and arrest terror suspects for 28 days and to conduct trials without terror suspects hearing evidence against them which might threaten national security if heard, e.g. the source of information obtained by a Security Service spy in the terror cell. Counter terrorism strategy- to pursue, prevent, protect and minimise against terror attacks using the Police, MI5 and other Security Services. Creation of the Terror Threat Level – which decides if terror attack is critical/severe/substantial/moderate or low. This sets the need for law enforcement Deportation of Terror Suspects- The UK government now actively attempts to deport Islamic terror suspects back to their country of origin, if they are foreign born, and to countries where they may be wanted for terrorist crimes. Examples of this have been Abu Hamza and Abu Qatada. Scottish crime rates report (2015) Crimes recorded by the police in Scotland decreased by 5% Non-sexual crimes of violence decreased by 6% from 6,785 to 6,357 Sexual crimes increased by 11% from 8,604 to 9,557. The recording of these crimes is at the highest level seen since 1971. Crimes of dishonesty decreased by 8% from 137,324 to 126,857. These crimes have been on a downwards trend since they peaked in 1991. Fire-raising, vandalism etc. decreased by 4% from 54,418 to 52,091. These crimes have been decreasing sharply since they peaked in 2006-07. Other crimes decreased by 3% from 63,266 to 61,488. This decrease has largely been driven by a decrease of 11% in Crimes against public justice. 29