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TOPIC: CRIMINAL LAW
TITLE: A CRITICAL ANALYSIS OF THE ABILITY OF CRIMINAL LAW TO DEAL WITH NEW MANIFESTATION
OF CRIMINALITY: THE CASE OF AND PREVALENCE OF KNIFE ATTACK AND GANG ACTIVITY AMONG
BRITISH UNDERCLASS SINCE THE 1980S.
Introduction:
The criminal law refers to a system of law within England and Wales jurisdiction which deals with crimes
and their consequences and complements the civil law. Actus reus and mens rea are the fundamentals of a
crime. Traditional view states that moral culpability requires that one should have recognised or intended
that one is acting wrongly. Statute establishes a large percentage of criminal law, therefore legislated and
enacted by laws. Criminal law is an offspring of per one’s vendetta. It was the responsibility of the victim
or the victim’s family to seek redress, which leads to retributive justice. The code of Hammurabi, circa
2100 BC., as such dark age society began punishing individuals who committed an offence against the
public. This practice became the keystone of Modern criminal law. Twice during 18th-century attempts
were made to codify English criminal law unsuccessfully. Attempts drew criticism from aristocratic ruling
class and therefore left on the books for writers such as Roscoe, Greaves, Stone and others. England had
excessively severe criminal laws. The Magna Carta of 1215, Petition of rights of 1628 and the bill of rights
of 1689 had all much accelerated the consolation of a political structure. The principle which they law down
bore on criminal on criminal procedures1. Criminality has caused fear of endemic proportion in the modern
society. The criminal justice systems have failed to tackle sensitive issues as evident in major cities across
Britain where there is an exponential increase in Knife and gang-related crime. The term ‘underclass’ refers
to those whose behaviour and attitude represent a threat to the broader society. Moreover, is related to the
trends of illegitimacy, unemployment and crime. A social group that encounters multiple factors of social
exclusion increasing their chances of turning to violent crimes and gangs. This paper will argue the case
for criminal law reform in light of the recent increase in knife and gang-related crime. High lighting areas
of weakness and discrepancies in this area of law and contribute to theoretical debates in this area of
criminal law.
1
Leon Radzinowicz and Roger G Hood, A History Of English Criminal Law And Its Administration From 1750 (1st
edn, Clarendon).
Research questions
•
What are the causes of the rise in knife crime and gangs?
•
What is the link between the recent manifestation of knife crime, gang and the British underclass
of the 1980’s?
•
Does the criminal law have the ability deals with knife crime and gangs?
Aims
This research aims to assess the abilities and resources of criminal law to deal with manifestations of knife
crime, gang violence within the British underclass.
Literature review
Research on this topic was conducted using official crime statistics derived from crimes reported to and
recorded by the police; These data include, Knife crime, assault, moped robbery among others. The use of
literature written by leading academics such as Leon Radzinowicz and Roger G Hood provides an overview
of the history of British criminal law. Donohue, 1998
illustrates The history of crime in Britain and a
significant increase in criminality over the last 30 years, Liz Campbell speaks of changes made to the rules
of criminal law procedure and the admissibility of interception evidence2. Jay S. Albanese illustrates the
three type of criminal subcultures3, Markus D. Dubber and Lindsay Farmer who shed light on the fact that
politics has always interfered with criminal law 4.Simon Hallsworth gave an insight as to the reason why
gangs were allowed to grow in the streets of British cities as far back as the 1960s 5 Gerry Johnstone and
Tony Ward who explains the principle and history of Actus Reus and Mens Ria in criminal law6. Academic
has indicated that there have been significant changes in youth policies over the past 20yrs however there
haven’t been any changes in criminality amongst Britain's underclass7. Poor socio-economic status8.
2
Liz Campbell, Organised Crime And The Law: A Comparative Analysis (Hart Publishing Limited 2013).
Jay S Albanese, Organized Crime In Our Times (6th edn, 2011).
4
: Markus Dirk Dubber and Lindsay Farmer, Modern Histories Of Crime And Punishment (Stanford University
Press 2007).
5
Simon Hallsworth, The Gang And Beyond (Palgrave 2013).
6
Gerry Johnstone and Tony Ward, Law And Crime (Sage 2010).
7
Stams, Geert Jan, Daniel Brugman, Maja Deković, Lenny Van Rosmalen, Peter Van Der Laan, and John C. Gibbs.
"The moral judgment of juvenile delinquents: A meta-analysis." Journal of abnormal child psychology 34, no. 5
(2006): 692-708.
3
8
Patacchini, Eleonora, and Yves Zenou. "Juvenile delinquency and conformism." The Journal of Law, Economics,
& Organization 28, no. 1 (2009): 1-31.
Methodology
The study will analyse current criminal law legislation and procedures, with the use of qualitative analysis
and legal research around this area. Also, utilise official data from Office for National Statistics, and other
official crime statistical agencies, and publications, Police recorded crime and outcomes, briefing of the
house of commons on knife crime also scholarly journals and books from leading academics. The aim is to
produce a balanced argument, high lighting areas of weakness and discrepancies in this area of law.
.
Research limitations
Section of the analysis will extract from the official statistics; the figure may not necessarily give an
accurate reflection of the reality. Because the working class appearing in the statistic is disproportionate.
Therefore statics on crime is often political, biased and limited. Thus failing to reveal the true extent of
crimes committed.
Conclusion
Contribute to previous and ongoing research, around this area of criminal law. This research hopes to
identify the factors influencing the rise in knife crime, Gang and the link to Britain ’s underclass since the
1980s. Thus making it easier to deal with criminality within the UK. This paper will argue the case for
criminal law reform and contribute to theoretical debates on criminal law reform. High lighting areas of
weakness and discrepancies in this area of law.
Bibliography
Journals
Patacchini, Eleonora, and Yves Zenou. "Juvenile delinquency and conformism." The Journal of Law,
Economics, & Organization 28, no. 1 (2009): 1-31.
Ruchkin, Vladislav, Roman Koposov, Robert Vermeiren, and Mary Schwab-Stone. "Psychopathology and
age at onset of conduct problems in juvenile delinquents." The Journal of clinical
psychiatry (2003).
Stams, Geert Jan, Daniel Brugman, Maja Deković, Lenny Van Rosmalen, Peter Van Der Laan, and John
C. Gibbs. "The moral judgment of juvenile delinquents: A meta-analysis." Journal of abnormal
child psychology 34, no. 5 (2006): 692-708.
Books
Grisso, Thomas, Gina Vincent, and Daniel Seagrave, eds. Mental health screening and assessment in
juvenile justice. Guilford Press, 2005.
Smith, Jonathan A., ed. Qualitative psychology: A practical guide to research methods. Sage, 2015.
Radzinowicz LR Hood, A History Of English Criminal Law And Its Administration From 1750 (1st edn,
Clarendon)
Campbell L, Organised Crime And The Law: A Comparative Analysis (Hart Publishing Limited 2013)
Albanese J, Organized Crime In Our Times (6th end, 2011)
Dubber ML Farmer, Modern Histories Of Crime And Punishment (Stanford University Press 2007)
Hallsworth S, The Gang And Beyond (Palgrave 2013)
Johnstone GT Ward, Law And Crime (Sage 2010)