How laws are applied differently according to circumstances

• Moral panics -

  Those convicted of relatively minor offences committed during the London riots of 2011 were more likely to receive custodial sentences then similar cases committed under normal conditions
• in the case of the 2011 riots sentences were often handed down more harshly to 'teach young people a lesson' and to deter others
• Chambilss studied two groups of youths, the middle class 'Saints' and the working class 'roughnecks' - he found that while the both committed offences the police enforced the law more strictly against the roughnecks
• Chambliss's research supports that of Cicourel who argues that the police hold typification's (ideas of the typical offender)
• Piliavin and Briar found that 'situational factors' play a large part in police officers' decisions to stop or arrest people
• Two people may commit the same crime but will be treated differently if one is below the age of criminal responsibility
• children below a certain are are unable to understand fully the meaning to the act they have committed and so cannot be held responsible for it in the same way
• The age of criminal responsibility varies from place to place, in England, Wales and Northern Ireland it is 10 years old, in Scotland it is 12 years old
• Children who commit a crime may be treated differently by the justice system and in most places there are separate courts to deal with young offenders
• In England and Wales there are youth courts which are less formal, members of the public are often not allowed in - the court cannot send anyone to prison but can impose sentences including a detention and training order carried out in a secure centre
• there are 3 special defences contained in the Homicide Act 1957 which exist solely for the offence to murder, where the defendant can plead not guilty despite having killed someone:

  • Diminished responsibility
  • Loss of control
  • Automatism
• Diminished responsibility - if a defendant can show that their mental condition substantially reduced their ability to understand what they were doing or a form of rational judgement, this can reduce the conviction to manslaughter
• Loss of control - a partial defence that may reduce the offence to manslaughter
• Automatism - a crime must be a voluntary act, the defendant must have consciously chosen to commit it, if they can show that it was involuntary they can plead the defence of automatism