Law for Criminologists: A Practical Guide Book

Acknowledgements viii

Preface: Baroness Helena Kennedy QC ix

Introduction: Why Study the Law as a Criminologist? xii

1 What Determines a Criminal Today? 1

1.1 Making distinctions between crime and deviance 2

1.2 The changing nature of criminal offences 6

1.3 Measuring crime and criminality 8

1.4 Victims 10

1.5 Case study 12

1.6 Exam questions 14

1.7 Further resources 14

2 The Legal System of England and Wales 16

2.1 Sources of law 16

2.2 Court structure and key personnel 20

2.3 The Legal Defence Services 30

2.4 Case study 31

2.5 Exam questions 32

2.6 Further resources 33

3 The Legal Systems of Scotland and Northern Ireland 34

3.1 Sources of Scots law 35

3.2 The Scottish court structure and key personnel 37

3.3 Scottish criminal procedure 40

3.4 History of the Troubles in Northern Ireland 43

3.5 Institutions in Northern Ireland 45

3.6 Northern Ireland court structure and key personnel 46

3.7 Case study 51

3.8 Exam questions 52

3.9 Further resources 53

4 European Union Law and EU Law Enforcement 54

4.1 History of the European Union 55

4.2 European Union institutions 56

4.3 Sources of European Union law 59

4.4 EU law enforcement, asylum and immigration policy 63

4.5 Case study 68

4.6 Exam questions 70

4.7 Further resources 70

5 Essential Criminal Law 71

5.1 Elements of a crime: actus reus and mens rea 71

5.2 Recklessness 76

5.3 Homicide: murder and manslaughter 77

5.4 Offences against the person 83

5.5 The Sexual Offences Act 2003 and its implications 87

5.6 General defences 89

5.7 Case study 95

5.8 Exam questions 97

5.9 Further resources 98

6 The Criminal Process 99

6.1 Thefunctions of the Home Office and the Ministry of Justice 100

6.2 Policing in England and Wales 100

6.3 Community policing 103

6.4 Policing in Scotland 104

6.5 Policing in Northern Ireland 104

6.6 The Crown Prosecution Service (CPS) in England and Wales 105

6.7 Summary trial in the magistrates' courts and mode of trial 110

6.8 Trial on indictment in the crown court 114

6.9 Prosecutions in Scotland 116

6.10 The Serious Organised Crime Agency (SOCA) 116

6.11 Case study 117

6.12 Exam questions 118

6.13 Further resources 118

7 Punishment and Sentencing 119

7.1 Punishment theories and sentencing 120

7.2 Community justice in England and Wales 122

7.3 Imprisonment in England and Wales 125

7.4 Offender management in Scotland 130

7.5 The Northern Ireland Prison Service 131

7.6 Restorative justice 133

7.7 Case study 134

7.8 Exam questions 136

7.9 Further resources 136

8 Human Rights Legislation 138

8.1 Historical background 138

8.2 The European Court of Human Rights 142

8.3 The Geneva Convention 143

8.4 The International Criminal Court in The Hague 144

8.5 Control orders 145

8.6 The death penalty or life imprisonment? 147

8.7 Case study 151

8.8 Exam questions 152

8.9 Further resources 153

9 Young People and the Law 154

9.1 Youth crime 154

9.2 Youth courts in England and Wales 156

9.3 Dangerousness and bad character 158

9.4 Sentencing young offenders 160

9.5 Youth justice in Scotland 161

9.6 Youth justice in Northern Ireland 162

9.7 Youth custody 163

9.8 Non-custodial sanctions 166

9.9 Case study 169

9.10 Exam questions 170

9.11 Further resources 170

Appendix 1 Table of Statutes 172

Appendix 2 Table of Cases 181

Appendix 3 Glossary of Criminological and Legal Terms 188

Appendix 4 Useful websites and internet sources 206

Bibliography 209

Index 218