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Studied by 7 peopleNational 4/5 Modern Studies – Crime and Law: Flashcards
Nature and Extent of Crime
Police Recorded Crime Statistics:
Official statistics of recorded crimes in Scotland, published by the Scottish Government and recorded by Police Scotland.
Useful for understanding reported crimes and comparing year-on-year trends due to the large sample size.
Limitations: Does not include all crimes, as many go unreported (e.g., domestic abuse, human trafficking).
Scottish Crime and Justice Survey:
A victimisation survey capturing people's experiences and perceptions of crime, with a sample size of around 5,500.
Provides insights into hidden crime by asking individual households about their experiences.
Limitations: Does not include crimes against businesses (e.g., shoplifting), crimes without a specific victim (e.g., drug possession, speeding), or crimes without a victim to interview (e.g., homicide).
Categories of Crime:
Non-sexual crimes of violence:
Constitute 4% of all crimes in Scotland.
Include homicide, attempted murder, serious assault, and robbery.
In 2020/21, there were 8,972 such crimes, with 16 victims per 10,000 people.
Sexual crimes:
Make up 5% of recorded crimes and have increased significantly in the past 10 years.
Include rape, attempted rape, sexual assault, public indecency, and sharing indecent images.
In 2020/21, there were 13,131 sexual crimes, with 24 victims per 10,000 people.
Crimes of dishonesty:
The most common type of crime, accounting for 36% of recorded crime in 2020/21.
Include housebreaking, theft of and from motor vehicles, shoplifting, theft, and fraud.
In 2020/21, there were 89,731 cases, a rate of 164 per 10,000 people.
Fire raising, vandalism, etc.:
Accounted for 17% of recorded crime in Scotland in 2020/21, equating to 42,964 crimes.
Vandalism makes up 94% of this category.
Fire-raising has decreased over the last ten years, but over half of fires attended by the Scottish Fire and Rescue Service in 2017/18 were started deliberately.
Other crimes:
Mainly relate to drugs, but also include handling offensive weapons and crimes against public justice (e.g., bail offences, resisting arrest, perverting the course of justice).
In 2020/21, this category represented 29% of crimes, with 70,737 cases or 129 crimes per 10,000 people.
Causes of Crime
Social Causes of Crime:
Related to an individual's environment and life influences.
Peer Pressure:
Explanation: Individuals are influenced or coerced to commit crimes by friends to belong or impress.
Example: Teenagers involved in anti-social behavior to fit in.
Evidence:
Peak age of criminality (15-17 years) can be attributed to peer pressure.
Increase in sharing explicit images among young people (40% of 14-16 year olds).
Common crimes among young people: breach of the peace, common assault, alcohol-related offences.
Education:
Explanation: Poor education leads to limited opportunities, poverty, and potential criminal activities.
School exclusion rates are higher in poorer areas, leading to gang involvement.
Lower attainment in school increases the likelihood of involvement in crime.
Evidence:
25% of young offenders have no qualifications.
80% of prisoners are functionally illiterate.
Pupils excluded from school at age 12 are four times as likely to be in prison as adults.
Drugs and Alcohol:
Explanation: Drug/alcohol misuse leads to crime to fund addiction or committing crimes while under the influence.
Affects emotions, thoughts, and understanding of right and wrong.
Evidence:
45% of prisoners were intoxicated at the time of their offence (68% for young offenders).
62% of prisoners used drugs in the 12 months prior to imprisonment (80% for young offenders).
54% of violent offenders were under the influence of alcohol at the time of their attack.
Upbringing:
Explanation: Parenting, neglect, and family structure influence criminal behavior.
Children from single-parent families are more likely to commit crimes.
'Latch key kids' (children left home alone) are susceptible to peer pressure.
Children with a parent in prison are more likely to become involved in crime.
Evidence: Children who come from single parent families are nine times more likely to commit a crime than those brought up in families with two parents – only 30% of young offenders in the UK grew up with both parents. 65% of boys with a convicted father will go on to offend themselves.
Economic Causes of Crime:
Relate to financial pressures and greed.
Greed:
Explanation: Selfish desire for more money or wealth, leading to crimes like fraud, embezzlement, and tax evasion (white-collar crimes).
Example: White-collar crimes.
Evidence: The 2017 SCJS found that 5% of adults in Scotland had been a victim of fraud within the last year.
Unemployment:
Explanation: Lack of job skills leads to unemployment and fewer legal options for making a living.
Evidence: In the UK, 22% of people who claim unemployment benefits have a criminal record. One third of communities with the highest crime rates are areas with the highest levels of unemployment in Scotland.
Poverty:
Explanation: Poverty leads to disadvantage in education, housing, and social exclusion, increasing the likelihood of experiencing crime.
Evidence: Glasgow, West Dunbartonshire, and Renfrewshire are all areas with high levels of poverty in Scotland and they also have higher levels of violent crime. A study by the University of Edinburgh found that poverty increases the likelihood of young people offending.
Biological Causes of Crime:
Focus on genetic influences and traits.
Adrian Raine and Criminal Brains:
Neuroscientist Adrian Raine researches the biological basis for criminal behavior.
Raine's research using PET scans on convicted killers showed reduced activity in the prefrontal cortex (the 'executive function' of the brain).
*Deficiency in this area results in less emotional control, risk addiction, reduced self-control, and poor problem-solving skills, making violence more likely.Low resting heart rate is another indicator of violent capacity.
The Warrior Gene:
The MAOA gene has become known as the ‘warrior gene’ because it is linked with higher levels of aggression in response to situations when someone is provoked.
Scientists have identified the MAOA gene and a variant of CDH13, which control dopamine and serotonin levels and influence moods and behaviors.
The MAOA gene is linked to higher aggression.
Boys with a variant of the MAOA gene are more likely to join gangs and become violent members.
*A study of 900 offenders in Finland found that those with the MAOA gene variant were 13 times more likely to have a history of repeated violent behaviour.
*At least 5 – 10% of all violent crime in Finland could be linked to people with this gene.
Gender:
Men commit more crimes than women, especially violent crimes.
According to the latest statistics, men committed 77% of crimes in Scotland in 2017
*The majority of women are convicted for theft.Women have less testosterone and tend to be less aggressive.
*However, as crime rates for men have generally been decreasing, they have been increasing for women recently.KU Model Answer- Biological theories can be linked to crime. Explain, in detail, two reasons why some people believe that biological factors contribute to a person’s involvement in crime (6 marks)
One reason why some people believe that biological factors contribute to a person’s involvement in crime is due to the warrior gene. The warrior gene, known as MAOA can cause crime because it is linked with higher levels of aggression in response to situations when someone is provoked. A study of 900 offenders in Finland found that those with the MAOA gene variant were 13 times more likely to have a history of repeated violent behaviour.
*Another reason why some people believe that biological factors contribute to a person’s involvement in crime is due to the function of their brains. Adrian Raine has found that PET scans of killer’s brains found there was much less activity in the prefrontal cortex which controls emotions and anger. Raine conducted a study of 41 killers which showed this reduced activity.
Consequences of Crime
Consequences of Crime on Perpetrators (Offenders):
Punishment: Offenders face punishment, with prison being the most severe.
Criminal Record: Can lead to a lack of employment opportunities and difficulty traveling.
Consequences of Crime on Victims:
Emotional, physical, and financial impact.
Physical injuries requiring hospital admissions (2,346 emergency admissions in Scotland in 2017 due to assaults).
Fear, anxiety, flashbacks, and long-term trauma.
Financial loss due to theft, property crime, or inability to work.
Consequences of Crime on Families:
Financial strain due to decreased income and increased expenses (prison visits, phone calls).
Stigmatization: Families may be treated negatively by the community.
Loss of contact with loved ones due to imprisonment.
Children with a parent in prison are more likely to become involved in crime.
Consequences of Crime on Communities:
Run-down areas due to vandalism and anti-social behavior.
Reduced house prices.
People leaving the area, leading to fewer facilities.
Consequences of Crime on Wider Society:
New laws made in reaction to public sentiment (e.g., Clare’s Law).
Economic impact: Significant government spending on criminal justice (£2.5 billion budgeted in Scotland in 2017/18).
Costs for businesses due to shoplifting and security measures.
Criminal Justice System
Introduction:
Scotland has civil and criminal courts.
Criminal courts prosecute those who have broken the law.
The procurator fiscal decides if there is enough evidence to begin court proceedings.
Types of Criminal Court Procedures:
Summary: Trial before a Sheriff, Magistrate, or Justice of the Peace without a jury.
Solemn: Trial before a Judge or Sheriff with a jury of 15 people for more serious cases.
Courts Information:
Justice of the Peace Courts:
Lowest level of criminal court dealing with minor crimes.
Operate a summary procedure with a lay magistrate (Justice of the Peace) and no jury.
Maximum sentences: custodial sentences of up to 60 days and fines of up to £2,500.
Sheriff Court:
Deals with more serious offences committed within the sheriffdom.
May use summary or solemn procedure depending on the case.
Summary procedure: imprisonment up to one year or a fine of £10,000.
Solemn procedure: imprisonment up to five years or an unlimited fine.
The High Court:
Scotland’s highest criminal court.
Conducts trials under solemn procedure with a judge and a jury of 15 adults.
Deals with the most serious crimes (murder, rape, armed robbery, drug dealing).
Unlimited sentencing powers in terms of imprisonment and fines.
Court of Session:
Scotland’s highest civil court dealing with non-criminal matters.
Deals with appeals from other courts.
Typical work includes suing for large sums of money or cases of defamation.
Children’s Hearing System:
Scotland’s unique care and justice system for children and young people.
Supports children who commit offences and those who need care and protection.
Works alongside social work, police, and education.
Why a Child Would Attend a Children’s Hearing:
Referred by the police, social workers, or through education.
Reasons include:
Suffering harm due to lack of parental care.
Committing an offense.
Misusing drugs or alcohol.
Behavior having an adverse effect on health or safety.
Being beyond the control of parents or carers.
Not attending school regularly.
Being forced into a marriage.
Panel Set Up and Roles:
Panel member: volunteers from the community who get lots of training to carry out their role
Safe guarder: someone independent who gives their views on what they believe is in the child/young person’s best interest
Child/young person’s advocate: make sure the child’s voice is heard
Social worker: will attend as they will have an understanding of the child/young person’s background
Reporter: the person who decides if a child needs to come to a hearing and they will chair the meeting and write everything down that is said
Child/young person: the panel will listen to their thoughts and views
Parent/carer: the child/young person’s parent or carer may attend if appropriate
What Happens at a Children’s Hearing
The Outcome of Children’s Hearing Panels
The outcome of a panel meeting with vary from case to case depending on the child’s circumstances and/of offence. For example, it can require a child to –
be supervised by the local authority under a ‘supervision order’
stay away from certain locations or individuals
attend and cooperate with specialist programmes to address their offending behaviour
live away from home, sometimes in secure accommodation – however this is always a last resort and usually only used in extreme circumstances
Past Paper/Practice Paper Questions
The Children’s Hearing System can help young people in Scotland in different ways. Describe, in detail, two ways that the Children’s Hearing System can help young people in Scotland (4 marks) [2014 past paper]
The Children’s Hearing System is one way of dealing with juvenile crime. Explain, in detail, why some people think that the Children’s Hearing System works well and why some people think it should be changed (6 marks) [2014 P&N Prelim]
Responses to Crime
The Police – Introduction
Police Scotland is the second largest police force in the UK behind the Met (London).
There are 13 local policing divisions, each headed by a local police commander who ensures that local policing in each area is responsive to the particular needs of that area.
There are around 17,000 police officers in Scotland.
Local policing divisions include response officers, community officers, local crime investigation, road policing, and public protection.
As well as this there are specialist operational support divisions such as air support, dog branch, marine policing, and mounted branches.
The Role of the Police
The police do not make the laws in Scotland, the role of the police is to enforce the law.
The police are tasked with responding to emergency situations and keeping the public safe from dangerous criminals.
Maintaining Law and Order
Powers of the Police
Search Individuals arrested by the police may be searched. Premises may also be searched if the police obtain a search warrant.
Gather Evidence Police officers may gather evidence such as blood, hair or fingerprints. This allows police to link the DNA taken from a crime scene to suspects.
Arrest Police officers can arrest someone who has carried out a crime, or whom they suspect has carried out a crime.
Detention Police can detain a suspect to enable an investigation to take place. Suspects can be detained for 24 hours.
After 24 hours, the police must charge or release the suspect.
CCTV
Styles of Policing
Community Policing.
Zero-Tolerance Policing.
Police Initiatives to Reduce Crime
Dear Haters
Every 9 Minutes
One Punch Two Lives
Government Responses to Crime
No Knives Better Lives.
Violence Reduction Unit (VRU).
Caledonian System.
Prison
Aims of Prison:
Protection
Punishment
Rehabilitation
Deterrence
Scotland has one of the highest prison populations (per head of population) in western Europe – around 136 per 100,000 people in Scotland are in prison. This compares to 57 per 100,000 people in Finland and 102 per 100,000 in France.
There are around 8,000 people in prison in Scotland at any one timCornton Vale HMP
Cornton Vale is Scotland’s prison for female offenders. It is currently in the process of being shut down and the Scottish Government have announced that they are going to build 5 new CCUs – Community Custody Units – for female offenders around Scotland. They have announced the locations of the first two – Glasgow and Dundee.
Polmont HMP YOI
Polmont is Scotland’s prison for young offenders aged between 16 – 21. Sentences range from 6 months to life, though the average sentence is between 2 – 4 years. Prisoners can be convicted or on remand.
To What Extent is Prison Meeting its Aims?
High Reoffending Rates.
Drugs in Prison.
The Cost of Prison.
Lack of Purposeful Activity.
Women in Prison.
Protection/Punishment.
Alternatives to Prison
Fines.
Community Payback Order (CPO).
Restriction of Liberty Order (RLO).
Drug Treatment and Testing Order (DTTO).
KU Questions
Nature of Crime
Causes of Crime
Consequences of Crime
Criminal Justice System
Responses to Crime
KU Model Answers