laws applied differently in different circumstances Flashcards
what are the 3 ways laws are applied differently due to the different circumstances an action occurs in?
differential enforcement of law
age of criminal responsibility
Homicide Act 1957
what are the 2 reasons laws are not always enforced equally in the differential enforcement of law?
moral panic
typifications
explain moral panics (example):
those convicted of a relatively minor offence in London 2011 riots such as theft were more likely to receive custodial sentences than similar cases committed under ‘normal circumstances’
explain typifications (example):
+key persons study
Chambliss
studied 2 groups of youths (m/c ‘saints’ and w/c ‘roughnecks’)
found whilst both committed offences the police enforced the law more strictly against the ‘roughnecks’
explain what Piliavin and Briar found:
‘situational factors’ play a large part in police officers decisions to stop and arrest a person
may include class, gender, ethnicity, age etc
explain age of criminal responsibility:
two people may commit the same crime but if one is under the age of criminal responsibility they will be treated differently by the law
age of criminal responsibility in England, Wales and Northern Island is 10 (12 in Scotland)
in England and Waled there are youth courts (special magistrates courts) for aged 10-17
example of how laws differ due to age of criminal responsibility:
James Bulger
was abducted, tortured and killed by 2 10 year old boys (Robert Thompson and Jon Venables)
they were convicted of murder and sentenced in juvenile detention meaning they were paroled after 8 years
what are the 3 social defences under the Homicide Act 1957 where the defendant can plead not guilty despite having killed someone?
diminished responsibility
loss of control
automatism
explain diminished responsibility:
may reduce offence to involuntary manslaughter
if defendant can show their mental condition substantially reduced their ability to understand what they were doing/form a rational judgement and exercise of self control
explain loss of control:
may reduce the offence to involuntary manslaughter
refers to lack of ability to provide conscious limitation of impulses and behaviour as a result of an overwhelming emotion
2 triggers- fear of death/serious violence
-things said/done of extreme grave nature
compare these to someone of the same characteristics to see if they would have done the same things
explain automatism:
a crime must be a voluntary act (consciously chosen to commit it)
if they can show it was involuntary they can plead the offence of automatism
due to external circumstances (affects you and you lose control of your limbs)
e.g you bang your head so causes sleepwalking and you have a dream about war so stab someone
