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4 Cards in this Set
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Why is Anti-social Behaviour so difficult to define? and what are the problems with the current definition?
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anti-social behaviour is difficult to define because it is a term that is dependant on a victim or possible victims perception of what anti-social behaviour is. As everyone is different so is their perception of what behaviour they would class as anti-social. The current definition is so broad that it places a lot of emphasis on trust in enforcement agencies which have often let them down. the government seem to have left the finer details in deciding on ASB to the judiciary
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How can we clarify the definition?
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give a indicitive list of what may clarify as anti-social behaviour. Add a claus setting out key features of the tye of situation for which the ASBO was designed. Add a mens rea requirement. Add a claus that clearly states what type of behaviour the Asbo was'nt designed for.
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Has the use of the ASBO to date proved wrong?
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The ASBO has sometimes been used as a heavy handed instrument of social control. Examples include the case of MITCH HAWKIN, JEAN SMITH, PETER STOOLEY. The ASBO has also been used where other legal remedie have not been available.
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where has the ASBO been used where other forms of intervention would be better used?
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cases such as that of, Lukon Straker, Aneeze Williamson, Jennifer Ford, Kim Sutton, Amy Dallamura. other forms of use have been to ban prostitues for certain areas which only forces the problem underground. they have also been used to ban non-aggresive and aggresive begging.
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