Crime and the Law Revision Notes

Nature of Crime

  • Reasons for Crime:

    • Peer Pressure: Young individuals may be pressured into joining gangs, leading to criminal activities like knife crime and vandalism.

    • Poverty/Deprivation: Individuals in poverty may resort to stealing necessities.

      • In 2022-23, 31% of new prisoners in Scotland came from the most deprived communities, compared to 1% from the least deprived.
        *Credit can be given for:

    • Peer pressure

    • Family influence

    • Alcohol abuse

    • Mental illness

    • Violent media images

    • Homelessness

    • Poor educational attainment

    • Social exclusion

    • Greed

Crime in Scotland/UK as a Problem

  • Increase in Knife Crimes:

    • Recorded knife crime in the UK increased by 4.7% in the year ending March 2023.

    • In the year ending March 2023, 41% of homicides in England and Wales were knife-related, with 50,500 knife crimes recorded.

  • Increase in Hate Crimes:

    • Hate crime offenses reached the highest level in England and Wales since 2012.

    • Recorded hate crimes increased from 42,255 in the year ending March 2013 to 155,841 in the year ending March 2022.

  • rise in violent crime

  • increasing street violence

  • increase in sex offences

  • growth in prison population

  • reoffending rates

Biological Factors Causing Crime

  • 'Born Evil': Some believe criminals are physiologically distinct from non-criminals, implying a lack of control due to 'nature'.

  • Hormones: Higher testosterone levels in men may lead to increased aggression and impulsiveness, increasing the likelihood of violent crime.

    • Approximately 95% of prisoners in Scottish prisons are male, compared to 4% female.

Biological Reasons for Crime

  • Mental Health Issues/Disorders:

    • Conditions like psychopathy (ASPD) can lead to a lack of guilt and empathy, increasing the likelihood of committing crimes.

    • Example: Aaron Campbell, who murdered Alesha MacPhail, was labeled a psychopath.

  • Genetic Inheritance:

    • A person's genetic makeup may predispose them to offending.

    • Other possible answers:

    • Neuro-physical conditions such as learning difficulties. Estimated that between 5% and 10% of the prison population have learning disabilities.

    • Sex - Women represent a minority of those convicted of a crime and of the prison population in Scotland, a feature that is consistent over time.

Economic Factors Causing Crime

  • Unemployment:

    • Lack of income may force individuals to commit crimes to make a living.

    • Example: High unemployment and crime rates in Greenock, Scotland.

  • Poverty:

    • Individuals in deprived areas may turn to crime to obtain necessities and luxuries.

    • In 2022, 52% more crimes were recorded in the most income-deprived areas.

Economic Reasons for Crime

  • Greed:

    • A selfish desire for more money may lead to criminal activity.

    • Approximately 75% of white-collar crimes are committed by middle-class white men.

Social Factors Causing Crime

  • Adverse Childhood Experiences:

    • Experiences like abuse or growing up in an environment with substance misuse increase the likelihood of committing crime.

    • Individuals with adverse childhood experiences are 16 times more likely to take drugs, 15 times more likely to commit violent acts, and 20 times more likely to be in prison.

  • Substance Misuse:

    • Addicts may commit crimes to fund their addiction, and substances can impair judgment.

    • Of the 76 people accused in homicide cases from 2019-2020, 34% were under the influence of alcohol, and 16% under the influence of both drugs and alcohol.

Social Issues Causing Crime

  • Poor Education/Lack of Qualifications:

    • Limited life choices may lead to poverty and crime.

    • Scottish Prisons Service statistics indicate that only 30% of prisoners have a reading level required for daily life.

  • Peer Pressure:

    • Individuals may commit crimes to gain acceptance.

    • Example: A drink driver from Aberdeen drove at an alchohol limit 4 times the limits after conforming to peer pressure after watching a Scotland game.

Consequences of Crime for Victims

  • Physical Harm:

    • Physical assault can lead to an inability to conduct daily activities.
      *The assault hospitalization rate was 34.4 per 100,000 population, an increase of 4%.

  • Mental Harm:

    • Victims may experience mental health issues like depression and anxiety.

    • Up to 30% of victims in the UK suffer from Post-Traumatic Stress Disorder (PTSD).

Consequences of Crime on Wider Society

  • Financial Strain on Government:

    • The criminal justice system requires significant funding that could be used for other services.

    • In 2021/22, the UK Ministry of Justice budget was £9.43 billion.

  • Businesses Suffer:

    • Crimes like vandalism and shoplifting can decrease business desirability and profit.
      *In 2021-2022, 25% of crimes of dishonesty were shoplifting.

Consequences of Crime for Perpetrators

  • Prison Sentence:

    • Loss of liberty and potential loss of contact with family and friends, leading to mental health issues and isolation.

  • Difficulty Obtaining Employment:

    • A criminal record can make it harder to find a job.

    • Only 17% of ex-offenders are employed within 12 months of leaving prison.

    • 40% of ex-offenders develop mental health issues.

Consequences of Crime for the Local Community

  • Damage to Reputation:

    • High crime rates can negatively impact housing, businesses, and education systems.

    • Areas like Pilton and Muirhouse have negative views due to high crime rates.

  • Environmental Poverty:

    • Vandalism and graffiti can make an area less desirable and more dangerous.

    • In Glasgow, 43.2% of people live in areas that are among the 20% most deprived zones in Scotland.

Consequences of Crime on Victims’ Families

  • Financial Strain:

    • Loss of income can lead to financial difficulties.

    • 38% said that they spent a quarter or more of their monthly income supporting a loved-one in prison.

  • Mental Health Issues:

    • Family members may experience mental health problems, especially children.

    • Children of imprisoned parents are at least twice as likely to experience mental health problems and become isolated and stigmatized.

Reasons for Unequal Impact of Crime

  • Age:

    • Elderly individuals are more susceptible to scams.

    • Survey found that nearly three in five older people say they have been the victim of a financial crime, with 17% falling victim.

  • Poverty:

    • Deprived areas tend to have higher crime rates.

    • In London, violence, robbery, and sexual offenses are 2.1 times more prevalent in the most income-deprived areas.

Roles of the Children’s Hearing System in Scotland

  • Ensuring Child Safety and Protection:

    • Providing care and safe accommodation when needed, can impose a compulsory supervision order stating where the young person must live.

  • Preventing Reoffending:

    • Providing rehabilitation and monitoring (e.g., electronic tagging).

Effectiveness of Criminal Courts in Tackling Crime

  • Imposing Prison Sentences:

    • Different courts have different sentencing powers, with the High Court able to impose life sentences.

  • Restorative Justice:

    • Offender and victim meet to promote understanding and address the impact of the crime.

Restriction of Liberty Order (Tagging and Curfews)

  • Restriction of Liberty Order:

    • Limits travel and requires individuals to remain at home during specified times (up to 12 hours a day for up to 12 months).

  • Tagging and Curfews:

    • Monitoring ensures compliance, with police alerted to breaches.

Drug Treatment and Testing Orders (DTTOs)

  • Rehabilitation Programme:

    • Reduces re-offending by improving behavior and mental health, specifically for drug and alcohol addiction.

    • Evidence shows that drug treatment and testing orders have a positive effect on both drug use and offending even with non-completes demonstrating reduced re-convicted rates.

  • Restorative Justice System:

    • Challenges offenders to take responsibility and make amends to become law-abiding citizens.

Outcomes of a Children’s Hearing System

  • Living Away from Home:

    • Child may have to live away from home, If a child’s safety is seen to be at risk, they may be moved to a separate accommodation all though this is always as a last result.

  • Measure of Supervision:

    • Allows social work department to support the child at home and school.

Criminal Courts in Scotland

  • High Court:

    • Deals with the most serious crimes like murder or rape, can give out a life sentence and an unlimited pound fine.

  • Sheriff Court:

    • Deals with crimes too high for Justice of Peace Court but too low for High Court, can refer its case to the high court. Has solemn proceedings, decided by a jury and summary crmines, decided by a sheriff.

Government Responses to Crime

  • Making Drink-Drive Limits Clearer:

    • Reducing the maximum limit from 80mg to 50mg of alcohol in every 100ml of blood aims to reduce road traffic accidents.

Ineffectiveness of Government Responses to Tackling Crime

  • Fewer Short-Term Prison Sentences:

    • Has led to overcrowded prisons and increased reoffending rates.

  • Mentors in Violence Prevention Programme:

    • Violent crime rates remain high.

  • London Knife Crime Strategy:

    • Various initiatives, including knife amnesties, have been unsuccessful.

    • Government response of fewer short-term prison sentences - short-term prison sentences are still high, reoffending rates remain high

    • mentors in violence prevention programme — violent crime has increased

    • building Safer Communities Programme — not successful for all communities

    • removal of Drug Courts

    • alcohol related initiatives — alcohol related crime remains high

    • London knife crime strategy has been unsuccessful — increase in knife crime

Effectiveness of the Police in Scotland in Tackling Crime

  • Early Intervention Strategies:

    • Community police officers in secondary schools familiarize young people with a police presence, reducing criminal activity and anti-social behavior.

    • targeted approaches to reduce crime work

    • use of stop and search — crime prevention

    • police presence reduces criminal activity

    • analysis of problems and key issues identified, with strategies put in place

    • enforcement — key to success/reduces fear

    • tackling causes of crime.

Ineffectiveness of the Police in Scotland in Tackling Crime

  • Lack of Understanding of Hate Crime:

    • Due to a lack of training and problems with data collection.

  • Institutional Sexism:

    • Leads to a lack of trust and failure to properly solve crimes against women.

  • High Profile Failures:

    • Leads to a lack of trust in the police to solve crime.

Effectiveness of Prisons

  • Removal of Dangerous People from Society:

    • People who commit murders are given life sentences and are often sent to high security prisons, such as HMP Shotts

Effectiveness of Alternatives to Prison

  • Reduced Reoffending:

    • Community Payback Orders and access to programmes help with the causes of offending.

    • CPOs mean offenders give something back to the community and take responsibility for their actions. Reconviction rates for those serving community sentences are 14% lower than for those serving time in jail, according to the Howard League for Penal Reform.