how laws are applied differently according to circumstances

Question 1

basic idea?

Answer 1

The rule of law applies to everyone, and all people should be treated the same before the law. However some offenders can be treated differently and more severely by the courts, according to the circumstances in which their actions occur.

Question 2

Define a moral panic?

Answer 2

an instance of public anxiety or alarm in response to a problem regarded as threatening the moral standards of society.

Question 3

Illustrate it using london riots

Answer 3

In the London riots in 2011, anyone who committed theft was given a more severe sentence than in ordinary circumstances due to the moral panic fuelled by the government and the media.

Question 4

summarise chemblins theory

Answer 4

Chamblis argued there are middle class ‘saints’ and working class ‘roughnecks’. These typifications impact on how they are treated. ‘Roughnecks’ are treated more severely than ‘Saints’.

Question 5

age of criminal responsiblity

Answer 5

A person who commits a crime that is below the age of criminal responsibility will be treated differently to someone who is above the age of responsibility. A child below a certain age may not be able to understand their crime so will be treated more leniently than an adult.

Question 6

homicide?

Answer 6

There are 2 special partial defences that exist specifically for the crime of murder in the Homicide Act 1957 as amended by the Coroners and Justice Act 2009. A person who suffers from ‘diminished responsibility’ (medical condition causing abnormality of mental functioning) or a ‘loss of control’ through fear or anger will be given a reduced sentence of voluntary manslaughter.