Laws applied differently depending on circumstances

• What are 3 special defences contained in the Homicide Act 1957


  Diminished responsibility

  loss of control

  automatism
• Outline diminished responsibility 


  mental condition substantially reduced their ability to understand what they were doing or form rational judgement - conviction turned to manslaughter
• Outline loss of control

  partial defence that may reduce offence to manslaughter - if under the influence of drugs or alcohol
• Outline Automatism


  If the act was shown to involuntary act - someone forces someone to stab another person. so can plead defence of automatism
• What is the age of criminal responsibility?


  When a child is deemed to have the capacity to commit a crime.

  Children below certain age are unable to understand the full meaning of the act they have committed so cannot be held responsible

  In England and Wales and Northern Ireland the age is 10yrs

  In Scotland its 12yrs
• How do youth courts carry out punishment because of this?


  Most countries have different courts to deal with offenders below a certain age. In England, Wales they have youth courts that hear cases committed by children age 10-17yrs.

  They are less formal - defendants are called by their first name and members of the public are not normally allowed in - cannot send anyone to prison but can impose sentences including a detention and training order.
• What were the 3 researchers that study how typifications enforced laws differently?


  Chambliss

  Cicourel

  Piliavin and Briar
• What did Chambliss do?


  Studies 2 groups of youths

  • middle class - saints
  • working class - roughnecks
  • found police enforced law more strictly to the Roughnecks
• What did Cicourel do?

  Police officers hold typifications - typical offenders

  • they are more likely to regard working class rather than middle class with suspicion more results
• What did Piliavin and Briar?


  Talked about situational factors - play large part in police officer‘s decisions to stop or arrest a person.

  • age, class, ethnicity, attitudes towards police
  • two different individuals can commit the same offence but one can be more likely to be arrested
• How did moral panic effect sentences being handed out in court?

  Those committed of relatively minor offences committed during the London riots of 2011 - more likely to receive custodial sentences than similar cases committed in 2010. Courts imposed more severe sentences on youth convicted of offences during moral panic over mods and rockers in 1960s - sentences often handed down to teach young people a lesson and to deter others