Scottish Criminal Justice System and Causes and Consequences of Crime

Vocabulary practice flashcards covering biological causes of crime, the consequences of crime on various stakeholders, the Scottish court structure and effectiveness, the Children's Hearing System, policing in Scotland, and custodial versus non-custodial sentences.

Sex and Hormones (Biological Cause)

A biological factor explaining offending through elevated testosterone and heightened risk-taking in men; the notes state that men commit 34 of all violent crime in Scotland and accounted for $96\%$ of the prison population in 2022.

Warrior Gene (MAOA Gene)

A specific genetic biological factor linked to violent behavior; research on offenders found individuals with this gene were $13\text{ times}$ more likely to commit a violent crime.

Psychopathy (Biological Cause)

A mental disorder where individuals lack remorse, feel little empathy, and experience no guilt, making them more easily able to commit serious crimes; Aaron Campbell was labelled a psychopath after the murder of Alesha MacPhail.

Loss of Freedom (Perpetrator Consequence)

A consequence of crime where a perpetrator's liberty is removed for a period of time via a prison sentence or electronic tag, exemplified by Andrew Wallace receiving a 28-year jail sentence for murdering Julie Reilly.

Unemployment (Perpetrator Consequence)

The difficulty of securing or retaining employment due to having a criminal record, illustrated by the statistic that $\frac{7}{10}$ employers would not hire a convicted criminal.

Psychological Trauma (Victim Consequence)

A social consequence where crime victims suffer extreme emotional harm such as depression, anger, anxiety, PTSD, or isolation; experienced by the actress sexually assaulted by Kevin Guthrie.

Economic Strain on Families

Financial burdens placed on a victim's family, including expensive funeral costs or loss of household income if the primary breadwinner dies; illustrated by well-wishers raising over $£5,000$ for Craig McLelland's funeral.

Property Damage (Community Consequence)

Physical destruction of buildings and local areas caused by crimes such as vandalism and fire raising, such as the major fire at Cameron House in Loch Lomond after an employee breached the Health and Safety at Work Act.

Loss of Tourists (Community Consequence)

An economic downturn in an area reliant on visitors caused by persistent crime or high-profile offences, such as reduced tourist visits to the Isle of Bute following the murder of Alesha MacPhail.

Fear in Society

A nationwide psychological consequence where significant crimes deter people from leaving their homes; following Sarah Everard's murder in 2021 by a MET police officer, a study found $47\%$ of women did not trust the police.

Tax Burden of Crime

The diversion of public taxpayer funds away from healthcare and education to finance justice services, highlighted by the Scottish Government spending $£3.1\text{ billion}$ on the criminal justice system in 2022/23.

High Court of Justiciary

The Scottish court that deals with the most serious crimes like murder, rape, and drug dealing; possesses the power to impose unlimited fines and life imprisonment, such as the life sentence with a minimum of 27 years given to the murderer of Alesha MacPhail.

Justice of the Peace (JP) Court

The court dealing with minor offences such as traffic violations and vandalism; limited to handing down a maximum $£2,500$ fine, 60 days imprisonment, or an absolute discharge.

Sheriff Court

An intermediate court in Scotland with the power to impose prison sentences up to 5 years and non-custodial options like Community Payback Orders; convicted former SNP MP Natalie McGarry of embezzlement.

Absolute Discharge

A court outcome where an offender is convicted or admits guilt but receives no formal punishment, exemplified by an Aberdeenshire councillor who admitted to acting in a threatening manner in April 2022.

Determining Guilt

A fundamental role of criminal courts involving hearing arguments and evidence to deliver one of three Scottish verdicts: guilty, not guilty, or not proven.

Short Sentence Ban (<12 Months)

A Scottish Government policy prohibiting courts from issuing prison sentences under 12 months because short custodial terms had reoffending rates as high as $50\%$ and exacerbated prison overcrowding.

Crimes of Dishonesty

Offences including theft, shoplifting, housebreaking, and fraud, which demonstrated the court system's deterrence failures by increasing by $11\%$ since 2022.

Not Proven Verdict

A distinctive Scottish verdict where a jury believes an accused is guilty but lacks sufficient evidence to convict, resulting in $30\%$ of rape trials failing to convict before the verdict's removal in 2026.

Children's Reporter

The official in the Children's Hearing System responsible for investigating referrals regarding welfare concerns or offending behaviour and deciding whether to take no action, contact social work, or convene a panel.

Children's Panel

A tribunal consisting of 3 volunteers alongside the reporter, social work, the young person, and a trusted adult to discuss issues and determine outcomes such as home removal or support orders.

Compulsory Supervision Requirement

A legal power of the Children's Hearing System that places mandatory conditions on a child's care, such as requiring social workers to supervise parental visits when there are abuse concerns.

Power to Enter Premises (Police Scotland)

The legal power enabling police officers to enter a building or home to gather evidence, as seen when Police Scotland searched the SNP headquarters after Peter Murrell was arrested over party finances.

Campus Cops

A police crime prevention initiative placing officers in schools to build positive relationships with youths and prevent offending, exemplified by PC Jamie McQuilkin at Eastwood High School.

Scottish Murder Clear-Up Rate

An indicator of police investigative effectiveness, highlighted by the fact that out of $520$ murders committed between 2013 and 2022, only $2$ remain unsolved.

Hate Crime Priority Deficit

An issue showing police ineffectiveness due to training gaps and poor data collection, recognized in 2021 by the police watchdog stating hate crime was not a clear priority for Police Scotland.

Prison Rehabilitation Workshop

Programmes within Scottish prisons designed to prepare inmates for life outside and lower reoffending, such as the hip hop music workshop at Barlinnie Prison to boost self-esteem.

Victorian Prison Overcrowding

The strain placed on outdated facilities operating above design limits; in 2023, Barlinnie Prison operated at $145\%$ capacity, holding $1,418$ inmates despite being designed for $987$.

"Universities of Crime"

A critique of prisons describing how low-level offenders mix with experienced criminals rather than addressing root causes of crime, contributing to a $43.8\%$ reoffending rate within a year of release.

Annual Incarceration Cost

The financial cost of maintaining an inmate in custody, recorded by the Scottish Government as approximately $£47,140$ per prisoner per year in 2024.

Community Payback Order (CPO)

A non-custodial sentence combining unpaid work reparation (such as transforming 231 gardens for elderly/disabled residents in 2022) with supervision and counselling to address problem behaviours.

Electronic Tagging

A non-custodial measure using a GPS ankle bracelet to track location and enforce curfews (given to footballer Declan Gallagher after an assault charge); costs under $£9$ a day compared to over $£35,000$ per year for prison.

Drug Treatment and Testing Order (DTTO)

A non-custodial sentence aimed at rehabilitating individuals whose offending stems from substance abuse; criticized for high costs and low success, with more than $\frac{2}{3}$ of recipients reoffending within a year.

Uncompleted Community Service Hours

Evidence supporting the view that non-custodial sentences are a 'soft option', demonstrated by over $650,000\text{ hours}$ of community service left uncompleted by offenders.