circumstance of the act

• age of criminal responsibility:

  • children are not deemed to be criminally responsible under 10 years in the UK and Scotland 12
  • regardless of behaviour they cannot be convicted the same way an adult is even if it the same crime
  • this is because children don't have full mental capacity or understanding of wrong behaviours until they are older
• differential enforcement of the law:

  • moral panic = when a behaviour shocks or disrupts society and many people are affected by a crime. convictions of crime may be more serious. for example London riots
  • typification's = Chambliss found police enforce the law more harsher on working class because they are more likely to be associated with the crime. criminologists demonstrated this when investigating how the police responded to a group of middle class (saints) and a group of working class youths (roughnecks)
• differential enforcement of the law:

  • typification part 2 results:
  • although both groups committed the same crime the police responded to the roughnecks less favourably and their behaviour was sanctioned more harshly
• homicide 3 special defences:

  1. automatism = a state of impaired consciousness and the automatism defence is used to nullify men's rea by providing the defendants criminal action was taken unconsciously or involuntarily
  2. loss of control = if the offender wasnt in control of their own behaviour or thoughts at time of committing offence
  3. diminished responsibility = if they can show medical condition substantially reduced their judgement. this reduces conviction to manslaughter