Crime and law

• categories of crime


  One category of crime is CRIMES OF DISHONESTY. Crimes of dishonesty are the most common crime group in Scotland and includes crimes such as shoplifting, fraud, housebreaking and theft. For example, crimes of dishonesty account for over a third of all crimes recorded in Scotland in 2023.

  
  

  Another category of crime is NON-SEXUAL CRIMES OF VIOLENCE. This category includes crimes such as assault, attempted murder, and murder. Most non-sexual crimes of violence are common assault, whereas murder rates are extremely low. For example, murders account for less than 1% of non-sexual crimes of violence.

  
  

  Another category of crime is DAMAGE AND RECKLESS BEHAVIOUR. This category includes crimes such as vandalism and fire-rising, these crimes are committed most commonly by young people in Scotland however the crimes in this category are being committed less. For example, since 2013 crimes in this category have gone down by 21%.
• types of crime


  One type of crime in Scotland is MURDER. This is when someone deliberately takes the life of another human being, and this is included in the category of non-sexual violent crime which are crimes that are very serious in nature. For example, Aaron Campbell was convicted in the High Court of murdering 6-year-old Alesha MacPhail.

  
  

  Another type of crime in Scotland is ASSUALT. This when someone physically attacks another person and this is intended to cause bodily injury, most assaults in Scotland are reported at the weekend often when alcohol has been consumed. For example, almost half of violent crimes are committed under the influence of alcohol in Scotland.

  
  

  Another type of crime in Scotland is EMBEZZLEMENT. This is a crime where someone uses their position to take advantage and steal money or resources for themselves and is included in the category of crimes of dishonesty. For example, Natalie McGarry the former MP was recently jailed for embezzlement where she stole from the SNP and foodbanks.
• CRIME IS INCREASING


  One way that shows that crime is an increasing problem is the fact that Scotland has HIGH LEVELS OF DRUG DEATHS. While drug possession has decreased, many offenders are still accessing and abusing illegal drugs which have a devasting impact on their lives. For example, Scotland has the worst drug death rate in Europe.

  
  

  Another way that shows that crime is an increasing problem is the fact that VIOLENT CRIME RATES HAVE RISEN. In recent years the number of crimes in society that are violent in nature such as common assault and murder have increased. For example, according to the government non-sexual violent crime has increased around 10% in recent years.
• Crime is decreasing


  One way that shows that crime is a decreasing problem in Scotland is the fact that CRIME IS AT A NEAR RECORD LOW. Scotland used to have a reputation as one of the most violent and dangerous countries in the developed world but has now seen major decreases in levels of crime. For example, crime is at one of its lowest levels since 1974.

  
  

  Another way that shows that crime is less of a problem in Scotland is the fact that DAMAGE & RECKLESS BEHAVIOUR IS DOWN. This category of crime includes offences such as wilful fire raising, vandalism and reckless conduct which has seen a decrease in the last decade. For example, since 2012 this category has decreased by 26%.
• WHY SOME GROUPS MORE THAN OTHERS ARE AFFECTED BY CRIME

  One reason why ETHNIC MINORITY groups are more likely to be victims of crime is because of RACISM. Often ethnic minorities such as Scottish Asians and Black Scots are victims of crime because the perpetrator has an issue with people from different ethnic groups or races living in Scotland and chooses to act in an abusive way. For example, 62% of hate crimes in Scotland are race related.

  
  

  Another minority group that is more likely to be affected by crime is TRANSGENDER people because of TRANSPHOBIA. Often transgender people have been abused and tragically killed simply because they try to be themselves. This is a group that suffers a lot of abuse and hatred by transphobic perpetrators. For example, hate crimes against transgender people rose by 87% in the past year in Scotland.

  
  

  Another group are more likely to suffer crime is those that live in POVERTY, this is because they CAN ONLY AFFORD TO LIVE INHIGH CRIME AREAS. Some areas in towns and cities become no go areas, particularly at night due to abandoned houses and poor street lighting which lets criminals operate. These areas are more likely to have people carrying and using knives. For example, Glasgow has the highest levels of crime and the highest levels of poverty.
• SOCIAL CAUSES OF CRIME

  One social cause of crime is ALCOHOL. This is because being under the influence of alcohol can lower people's inhibitions and can affect their understanding of what is right and wrong. For example, just under 2/3rds of violent crime is committed while someone is under the influence of alcohol.

  
  

  Another social cause of crime is ADVERSE CHILDHOOD EXPERIENCES (ACEs). People with Adverse Childhood Experiences such as physical abuse, neglect, growing up in households where drugs are used, or someone has been jailed, are more likely to become a perpetrator of crime themselves. This is because they may not have the right upbringing to learn how to be a responsible citizen or even care about wider society so commit crime. For example, people with ACEs are 20x more likely to spend time in prison at some point in their life.
• ECONOMIC CAUSES OF CRIME

  One economic cause of crime is POVERTY. This is when those who cannot afford the basics to survive in life turn to crime to provide what they can't afford for them or their families out of desperation. For example, Glasgow has the highest rates of crime and the highest levels of poverty.

  
  

  Another economic cause of crime is GREED. This is when someone has the selfish desire to get more and more of something and this is often money. It may be out of jealousy or to live a life that they cannot afford. For example, the former SNP MP Natalie McGarry was jailed for embezzling more than £25,000 of donations intended for a foodbank.
• BIOLOGICAL CAUSES OF CRIME

  One biological cause of crime may because of a BRAIN DISORDER SUCH AS PSYCHOPATHY. Someone with the brain disorder of psychopathy may lack remorse or feel little empathy for others. This means they are less likely to feel guilt or regret for committing crimes so may be more likely to do so. For example, Aaron Campbell who killed 6-year-old Alesha MacPhail on the island of Bute has been labelled a psychopath by experts who have warned he should never be let out of prison.

  
  

  Another biological cause of crime may because of the HORMONES in that person's body. Hormones in our body affect our growth and our brains. Men have higher levels of the hormone testosterone than women which often make them historically more aggressive and prone to higher risk taking. This aggression or risk taking could make them more likely to take part in violent crimes. For example, around 90% of all prisoners in a Scottish prison are male compared to 10% who are female.
• CONSEQUENCES OF CRIME ON PERPETRATOR

  One consequence of crime on the perpetrator is a prison sentence. This is when a person who has committed a crime such as murder, assault or other serious crimes lose their freedom by being given a custodial sentence. For example, Aaron Campbell was sentenced to prison for murdering 6-year-old Alesha MacPhail.

  
  

  Another consequence of crime on the perpetrator is social exclusion. This is when a person who has committed a serious crime, for example murder, will be isolated by other people who will want nothing to do with them. This will often leave the person lonely. For example, if the child rapist and murderer Aaron Campbell is ever released from prison it is unlikely people will want to be his friend or associate with him.

  
  

  A final consequence of crime on the perpetrator is unemployment. This is when a person who has committed a crime might lose their job because they must go to jail or complete another punishment that might stop them working. For example, the former MP Natalie McGarry lost her job as an MP after she embezzled money from a foodbank.
• CONSEQUENCE OF CRIME ON THE VICTIM

  One consequence of crime on the victim could be death. Physical consequences of crime often involve harm, damage or loss to a person's body or property and when serious crimes like murder happen this results in the ending of a victim's life. For example, Alesha MacPhail was murdered by Aaron Campbell who was later jailed for his crimes by the High Court.

  
  

  Another consequence of crime on the victim could be depression. Social consequences are ones that often can affect our ability to connect with others, the world around us and how we feel. Victims of crime may lose their ability to trust in others, suffer from low mood and feel isolated. For example, the victims of the Manchester Bombing spoke about how the attack impacted their mental health, including experiencing depression, PTSD and nightmares.
• consequences of crime on families

  One social consequence of crime on the family could be grief. Often when a serious crime such as murder has happened the family will suffer significant emotional trauma because of their loved one's death. For example, Alesha MacPhail was murdered by Aaron Campbell leaving her mum, dad and grandparents suffering pain and loss because of this crime.

  
  

  Another consequence of crime on the family could be funeral costs. There is often a financial cost of crime that families must pay as a result such as paying to repair or replace damaged property. In the case of serious crime such as murder they may have to pay to bury loved ones killed. For example, the family of Alesha McPhail will have paid thousands of pounds for her coffin service and burial after being murdered by Aaron Campbell.
• consequences of crime on communities

  One consequence of crime on the community could be fear. This is when a community may experience worry or concern because of crimes that have happened in the area and when there is a more serious crime then the levels of fear are likely to increase in that community. For example, Alesha MacPhail was murdered on the Isle of Bute. It took a while for the police to find the killer so the people of that community will have experienced fear that the murderer was still in the area and could strike again.

  
  

  Another consequence of crime on the community could be loss of tourism. When a crime takes place in a community that often receives many tourists, then the people who might visit that community and spend money in hotels, shops and restaurants etc may stay away which has a negative financial effect on the community. For example, when Alesha McPhail was murdered by Aaron Campbell on the Isle of Bute, many tourists stayed away from the island which cost many businesses in the community a lot of money. Therefore, a serious economic consequence on the community can be the loss of tourism.
• consequences of crime on wider society

  One consequence of crime on wider society could be a creation of fear. There are certain crimes such as domestic abuse, rape and sexual assault etc that most often have a male perpetrator. As a result the crime gains a lot of media attention and can make women fearful of men around the country. For example, many women would look at the case of the famous Hollywood actor Kevin Guthrie who sexually assaulted a woman in Glasgow and think about how if someone so famous thought he could get away with it, what might other men think they could do to women.

  
  

  Another consequence of crime on wider society could be higher taxes. There is a significant cost to wider society because of crime through the need to pay for police, courts and prisons as well as care and support for the victims of crime. All of this requires governments to spend tax revenue on responding to and trying to prevent crime. For example, it costs around £38,000 a year to keep someone in a Scottish prison which is money that comes from taxpayers. Money that wider society could have better spent on education or healthcare.
• structure and power of the criminal courts

  One power of the courts is to issue a custodial sentence. This is when the courts will decide that someone should be imprisoned for the crimes they have committed. It is often the most serious punishment that the courts can issue. For example, if a crime of murder has been committed the High Court has the power to give the offender a life sentence in prison.

  
  

  Another power of the courts is to issue a financial penalty. This is when some perpetrators may receive a financial punishment such as having to pay a fixed penalty for offences such as speeding or something much bigger depending on the crime. For example, a financial penalty of £100-£1000 can be imposed for speeding in Scotland.

  
  

  Another power of the courts is to issue a community sentence. This is where courts can order someone to complete their punishment in the community through sentences such as community service, a home detention curfew (tag) or an Anti-Social Behaviour Order (ASBO). For example, the Sheriff Court can issue a CPO between 6 months and up to 3 years depending on the severity of the crime.
• role of the criminal courts

  One role of the criminal courts is to determine guilt. This means that the court will hear all the arguments and evidence to decide if someone has committed a crime. For example, Aaron Campbell was found guilty of murdering Alesha MacPhail in the High Court.

  
  

  A second role of the courts is to punish. This means that after deciding if someone is guilty the judge in the court must decide in what way someone should be punished for the crime. They will consider a lot of things including previous history. For example, MP Natalie McGarry was punished for embezzlement in the Sheriff Court.

  
  

  A final role of the courts is to provide justice. This means that the courts have a responsibility to make sure that the right person is convicted, and their victims know that the court system has done what it can to do right by those who have been harmed by the crimes that have taken place. For example, the family of Julie Reilly said after the trial at the Glasgow High Court that they felt they had justice because the killer Andrew Wallace had been convicted.
• why the criminal courts in Scotland are effective in tackling crime

  One argument that the courts are effective is because they can imprison perpetrators of crime in Scotland. Both the High Court and the Sheriff Court can send someone to prison for the crimes that they have committed as a good way of punishing them for their crimes. For example, if an offender commits the crime of murder they may be sentenced to up to life in prison.

  
  

  Another argument that the courts are effective is because they keep the public safe. By locking up dangerous criminals the courts keep people off the streets who might otherwise commit horrific crimes. For example, Aaron Campbell was given a life sentence for murder which ensures he will never be able to commit this crime again which therefore keeps the public safe.

  
  

  Another argument that the courts are effective is because they deter people from committing crimes. A key role of the courts is to punish offenders for what they have done so other potential criminals might be put off committing crimes after seeing how others were punished. For example, the courts can issue tougher punishments for people who commit hate crimes as a way of deterring people from carrying out racist or homophobic criminal acts.
• why the criminal courts in Scotland are ineffective in tackling crime

  One reason why it could be argued that the courts are ineffective is because of the high rates of reoffending. This is where the people the courts punished have not addressed the reasons why they committed the crimes and so go on to commit more crime. This means the court sentence did not work in preventing the offender from committing more crime. For example, the Scottish government has had to ban courts from issuing short sentences of less than 12 months in most cases as reoffending rates were as high as 30%.

  
  

  Another reason why it could be argued that the courts are ineffective in tackling crime is because some guilty people get away with it. Because Scotland has the Not Proven verdict it can mean that a jury finds someone guilty, but they don't feel there is enough evidence to convict. For example, 1 in 5 Rape trials result in the Not Proven Verdict.

  
  

  Another reason why it could be argued that the courts are ineffective is because they are not deterring enough criminals. One purpose of the courts is to deter others from committing crimes but the fact that there continues to be crimes that are violent in nature such as murder, assault and robbery suggest that they are not fully effective. For example, there were around 250,000 crimes recorded by the police last year in Scotland.
• role and structure of the children's hearing system

  One role of the children hearing system is to listen and make legal decisions with and for children and young people. This is when the panel of volunteers will hear information from young people and key adults in an informal setting on which they base their decisions. For example, the panel may decide to impose a compulsory supervision order stating where the young person must live.

  
  

  Another role of the children hearing system is to deal with young people who are committing offences. This is when the panel will hear the concerns about a child who has been breaking the law, and with them and other organisations work to address the reasons the crimes are taking place. For example, 75% of the referrals to the hearing system come from the police.

  
  

  Another role of the hearing system is to protect and support vulnerable children and young people. Often the hearing system will investigate the cases of young people who are at risk of abuse or neglect and consider what steps are needed to protect them and keep them safe. For example, last year the CHS held over 21,000 hearings to protect and support nearly 11,000 children.
• Powers of the children's hearing system

  One power of the Children Hearing System is to have a child supervised in their home. This is another form of a Compulsory Supervision Order but means that a child can live at home with their parents or carers but that they will face supervision from a social worker who will come and visit. For example, someone who has been truanting from school may face regular visits from a social worker to discuss and monitor their attendance.

  
  

  A second power of the Children Hearing System is to remove a child from their home. This is one form of a Compulsory Supervision Order but means that a child will be removed from their home to live in a Children's home, foster home or a residential school for their protection and welfare. For example, someone may be removed from their home if they have been a victim of abuse, beyond parental control or are unsafe.

  
  

  A final power of the Children Hearing System is to issue a Warrant to Secure Attendance. This is when the panel and reporter must issue a warrant because a child may not have attended a hearing, or it is believed that they may be in immediate danger. For example, if a child or young person didn't attend a warrant this would allow the police to seek them out and take them into custody. It also allows them to break down locked doors to do so.
• government responses to crime in Scotland

  One government response to knife crime has been to fund the No Knives Better Lives education programme. Scotland used to be known as the knife crime and murder capital of Europe, so NKBL is funded to try and tackle knife crime by tackling the reasons why people carry a knife. For example, it has worked with local authorities with high levels of knife crime like Glasgow by using a mix of hard-hitting videos, competitions, and peer educators.

  
  

  Another response of the Scottish Government to alcohol related crime has been to introduce laws to reduce alcohol consumption. This aimed to encourage people to drink less alcohol which would reduce the number of crimes that are committed while under the influence of alcohol. For example, they introduced the Road Traffic Act 2014 which reduced the amount someone can drink and then drive.

  
  

  Another response the Scottish Government has funded is the Violence Reduction Unit to address Scotland's once infamous gang problem. The VRU is funded to tackle gang crime as if it was a disease which means the team target the causes of gang crime before it happens rather than just waiting to punish people. For example, the VRU in Glasgow has employed former offenders to help them turn other gang members away from crime and get them the education, training and support they need to get away from being in a gang.
• why the government's response to tackling crime has been effective

  One argument to support that the government has been effective in tackling crime is because of its anti-knife campaigns. Scotland used to have a reputation as the knife crime capital of Europe but in recent years, since the introduction of the No Knives Better Lives campaign, the rate of knife related crime has fallen. This campaign worked with young people to address the reasons for carrying a knife and many other cities and countries have started to look at how Scotland has managed this. For example, in recent years local representatives from London and Manchester have been coming to Scotland to learn about the success in tackling knife crime.

  
  

  Another argument to support that the government has been effective in tackling crime is because of its introduction of the alcohol restriction laws. In recent years the Scottish Government has introduced a range of new laws designed to try and reduce alcohol consumption and related crime. This is because there is a strong link between drinking alcohol and violent crime. For example, since introducing the Minimum Unit Pricing Act alcohol consumption (heavily linked to violent crime) has fallen 4%.

  
  

  Another argument to support that the government has been effective in tackling crime is because of its policy change to treat violent crime as a public health issue. The Scottish Government has introduced some world leading changes such as the Violence Reduction Unit designed to treat crime like a disease so it can deal with the cause of violent crime rather than wait for the crimes to happen. For example, in 2022 murder rates in Scotland are at the lowest rate ever.
• why the government's response to tackling crime has been ineffective

  One argument to support that the government has been ineffective in tackling crime is because knife crime continues to be a problem. Despite some success there continues to be examples of knives being used in Scotland to commit horrible and sometimes fatal crimes. This suggests the No Lives Better Knives campaign isn't doing enough. For example, James Wright, who had previous knife crime convictions went on to stab father of three Craig McLelland in Paisley. Therefore, clearly the government's anti-knife crime campaigns are not enough.

  
  

  Another argument to support that the government has been ineffective in tackling crime is because alcohol related crime continues to be a big problem. Despite some reductions in the amount that people drink in Scotland there continues to be a very large amount of crime that is committed by offenders who are under the influence. For example, 2/3rd of violent crimes in Scotland are linked to the consumption of alcohol.

  
  

  Another argument to support that the government has been ineffective in tackling crime is because drug deaths in Scotland are extremely high. While drug possession has decreased, many offenders are still accessing and abusing illegal drugs which have a devasting impact on their lives and the government have not done enough to combat this problem. For example, Scotland has the worst drug death rate in Europe.
• the role of the police in Scotland

  One role of the police is to prevent crime form happening. To be effective, the police will often launch campaigns to make people more aware of crime and criminal behaviours. It either targets the general public to help them prevent becoming a victim or targets potential perpetrators to stop them committing crimes. For example, Police Scotland launched a campaign called #GetConsent and "That Guy" designed to prevent serious crimes such as sexual assault.

  
  

  Another role of the police is to protect people and property from crime. The police try to protect the public in many ways, this includes planning for major events, being visible to the public and gathering intelligence on possible threats. For example, there is always a big police presence at football and rugby matches to ensure the police can prevent the public and property from crime.

  
  

  
  

  One role of the police is to investigate crimes. This is where the police will try to find out who committed a crime by gathering evidence and conducting interviews with those involved and in the local area. For example, the police gathered forensic evidence of the brutal murder of Alesha MacPhail and gathered witness statements against the perpetrator Aaron Campbell.
• the structure of the police in Scotland


  One department in the police is community policing. This is the branch of the police most of the public engage with as they work with the local community to address problems. Many police officers belong to this branch and its success depends on the police getting to know the community. For example, in many schools around Scotland there is a Campus Cop who is there to build relationships between the police and students as well as deal with any issues.

  
  

  Another department of the police is the Specialist Crime Division. This is a very important department that will work on major crimes such as murder, terrorism, or gang related violence. The officers in this team are specialists in dealing with these complex but more rare crimes. For example, the Specialist Crime Division co-ordinated the search for Alesha MacPhail's body when she was murdered on the Isle of Bute.

  
  

  Another department of the police is the Crime and Operational Support Unit. This department is made up of a range of units that have the tools and knowledge to help the other departments do their job. It includes the air unit, the mounted unit, the dog unit and the diving unit. For example, the Crime and Operational Support Unit was called in to help search the water next to Margaret Fleming's home when they were searching for evidence about her murder.
• powers of the police in Scotland

  One power the police have is to arrest members of the public. This is because they need it to catch criminals and protect the public. This is a very important power that the police must be able to take away someone's freedom by locking them up until either they are no longer a threat to people, or a court has decided they should be jailed. For example, the police used this power when they detained Aaron Campbell and then arrested him for the murder of Alesha MacPhail.

  
  

  Another power of the police is to seize goods. This is because Police Scotland must gather evidence when investigating crimes when they happen which means that they need to have the power to take items that may be evidence of a crime and used in court to solve the case. For example, the police used this power when they seized items from the home of Avril Jones and Edward Cairney who murdered Margaret Fleming and then faked the evidence of her disappearance.

  
  

  Another power of the police is to stop and search. This means the police can stop anyone they think may be carrying something illegal such as a weapon or drugs. The police should not discriminate against you when conducting a stop and search due to race, age, or gender. For example, it was found that Police Scotland target more young black males through stop and search compared to any other group.
• reasons why the police in Scotland are effective in tackling crime

  One argument that the police are effective is because of prevention strategies like having a community police officer. Known as "campus cops" these police officers in secondary schools get young people used to the police presence and the police learn about and deal with problems in the community. For example, schools like the Royal High have a community police officer who regularly supports students in the school with their problems.

  
  

  A second argument that the police are effective is because of the investigations they carry out. A key role of the police is to make sure that those who commit a crime are found and are punished for what they have done so the police will use their departments to investigate and gather evidence so that courts can find someone guilty. For example, between 2013 and 2022 there were 520 murders and only 2 are currently unsolved.

  
  

  A final argument that the police are effective is because they keep the public safe. The police are effective at protecting people at large scale events such as concert and football games by patrolling the events which deters criminals. For example, the police can be seen regularly at the airports such as Prestwick and Glasgow and there was no significant violence or disorder at the COP26 conference which was the largest ever hosted in the UK and in other countries often sees a lot of violence.
• reasons why the police in Scotland are effective in tackling crime

  One argument that the police are ineffective is because not enough has been done to solve older murders. An important job of the police is to investigate murders and bring justice for the victims, but the number of unsolved murders suggests they are somewhat ineffective. For example, there are around 1,000 unsolved murders since 1960 in Scotland.

  
  

  Another argument that the police are ineffective is in tackling hate crime because of their own problems with hateful behaviours. For the police to effectively tackle crime then people need to feel that they can go to the police and be honest about what has happened and feel safe with officers. If the police can't get it right for their own, then the police won't be able to get it right with crime in the community who won't come forward. For example, there have been many recent investigations into Police Scotland that have found a culture of discrimination against black and minority police officers, female, and LGBTQ+ officers.

  
  

  A final argument that the police are ineffective in tackling crime is because some guilty people get away. A key role of the police is to investigate crimes but the fact that so many go unsolved suggests they are not effective. For example, the BBC reported that almost 50% of crimes don't make it to court.
• the role/purpose of prison sentences in Scotland

  One role of prisons is to rehabilitate offenders. This means to address the reasons why someone committed a crime and make them less likely to re-offend again. Prison does this by giving counselling, providing an education and helping prisoners gain skills for the world of work. For example, Polmont Young Offenders institution provides over 200 courses for offenders while in prison.

  
  

  One role of prison is to punish offenders. Prison does this by taking away their freedom which is felt to be a good form of punishment and gives justice for the victims of crimes who are left to deal with the consequences. For example, the family of Alesha MacPhail have spoken about feeling they have justice now that her murderer Aaron Campbell has been put in prison with life sentences.

  
  

  A final role of prisons is to keep the public safe. By locking up dangerous criminals prison helps to keep people off the streets who might otherwise commit horrific crimes. For example, by locking up Aaron Campbell, the murderer of Alesha MacPhail, the police have stopped this potential psychopath from harming others.
• reasons why prisons are an effective punishment

  One reason why prison can be effective is because it can help people learn to cope with life outside through rehabilitation. This means to address the reasons why someone committed a crime and make them less likely to re-offend again. Prison does this by giving counselling, providing an education, and helping prisoners gain skills for the world of work. For example, prisons in Scotland run a hairdressing training programme to help offenders gain skills that would help them into employment when outside of prison.

  
  

  One reason that prison can be effective is because depriving someone of their freedom is a good form of deterrent. This is effective because it is a form of justice for the victims of crimes who are left to deal with the consequences. This is important as it can help the victim to achieve closure if they feel that the prison is a fair punishment. For example, the family of Alesha MacPhail have spoken about feeling they have justice now that the murderers have been put in prison with life sentences.

  
  

  A final argument that prisons are effective is because they keep the public safe. By locking up dangerous criminals prison helps to keep people off the streets who might otherwise commit horrific crimes. For example, by locking up Aaron Campbell, the murderer of Alesha MacPhail, the police have stopped this potential psychopath from harming others.
• reasons why prisons are an ineffective punishment

  One argument that prison may not be effective is because of the high reoffending rate. Many of the inmates in Scottish prisons are reoffenders who are stuck in the cycle of crime, prison is clearly not enough of a deterrent so many offenders continue to commit crime upon their release. For example, 90% of inmates in Barlinnie prison reoffend.

  
  

  One argument that prison may not be effective is because it is very expensive. It costs a lot of money to keep someone in prison and that money could be put to better use by being spent on drug rehabilitation care and education the perpetrator could benefit from that addresses the causes of why they are in prison. For example, according to the Scottish Government it costs around £37,000 a year to keep someone in prison.

  
  

  One argument that prison may not be effective is because of overcrowding. Many of Scotland's prisons are old and Victorian in design. This makes it hard to rehabilitate prisoners and if they don't feel cared for by society and are treated so poorly than it isn't surprising that they might commit more crimes in future. The more prisoners in prison will also mean more people to learn criminal activity from. For example, Barlinnie is currently holding over 1,400 inmates when the capacity is just under 1,000.
• the alternative punishments used in Scotland

  One alternative to prison would be a financial penalty. Offenders are sometimes ordered to pay a fine or compensation to a victim which means they must pay money from their own income depending on the crime. For example, Ally McCoist was fined over £500 after being caught speeding twice in one day.

  
  

  Another alternative to prison would be a Home Detention Curfew (HDC). The offender may serve their sentence but at home under certain curfew conditions. This could be that they have to stay within a specific address for around 12 hours every night and this is monitored by an "electronic tag". For example, James Wright had been put on HDC after having been found carrying a knife.

  
  

  An alternative to prison is a Community Payback Order. Offenders are ordered to carry out up to 300 hours of community service to give back to a community they may have damaged by possibly repairing damage or cleaning up an area. For example, Mark McLean was put on a CPO in 2020 for a racist assault.
• arguments for the effectiveness of prison alternatives

  One reason alternative punishments would be better is because they can help avoid reoffending. When someone goes to jail, they may lose their job meaning when they get out, they commit crimes to survive. An alternative like a fine could let someone keep their job while also paying for their crime. For example, Eric Lavender was given a fine instead of jail for embezzling so that he could keep working and pay back the money he stole from his victim.

  
  

  Another argument that alternative punishments would be better is because they are cheaper than prison. It costs a lot of money to keep someone in prison, feeding them etc so instead giving someone a punishment like a Home Detention Curfew could save the government as the offender still can work and earn to look after themselves which is money that could be spent on rehabilitation. For example, according to the Scottish Government it costs around £37,000 a year to keep someone in prison in 2020.

  
  

  Another argument for alternative punishment would be better is because they can help reduce or prevent overcrowding in prison. Many of Scotland's prisons are over capacity which can mean that with more prisoners than offenders there will be more people to learn criminal activity from but with a Community Payback Order the offender can do more for the community they have harmed to make amends. For example, Janine O'Neil spoke about how spending so much of her youth in prison saw her learn more about committing crimes than being a positive member of society.
• arguments against the effectiveness of prison alternatives

  One reason alternatives are less effective is because Home Detention Curfew (HDC) Tags can be broken. The offender may serve their sentence but at home under certain curfew conditions. This could be that they have to stay within a specific address for around 12 hours every night and this is monitored by an "electronic tag" unless they break the tag. For example, James Wright had been put on an HDC after having been found carrying a knife but went on to murder a father of three in Paisley after breaking his tag.

  
  

  Another reason alternatives are less effective is because people on a Community Payback Order can still commit crimes. Offenders are ordered to carry out up to 300 hours of community service - 'paying back' to a community they might have damaged which might involve repairing a damaged building or cleaning up an area, but it leaves offenders free to commit more crimes. For example, Mark McLean was put on a CPO in 2020 for a racist assault which he did while already on a CPO.

  
  

  Another reason alternatives are less effective is because they don't always deter offenders. An ASBO bans the offender (over the age of 12) from causing disruption. ASBOs can be issued for crimes such as graffiti, playing loud music or littering. For example, Michael O'Rourke had an order against him for playing Dolly Parton too loudly, but he simply ignored it and was therefore eventually sent to prison.