1.1 Flashcards
What is the legal definition of criminal behaviour?
- Crimes in the UK usually the Actus Reus (‘guilty act’) and the Mens Rea (‘guilty mind’) , both are needed to secure a conviction. This prevents a blameless person from conviction.
- Some offences only need proof of the guilty act such as speeding. This is called strict liability. Some crimes have a defence such as self defence.
What is the social definition of criminal behaviour?
- Criminal behaviour is often—but not always—deviant. For example, murder is both deviant and criminal behaviour whereas going above the speed limit may be seen as criminal rather than deviant behaviour.
- This is because society have a social definition of what constitutes a crime. This is linked to deviance. If a crime is not seen as deviant it will not be treated socially as a proper criminal act.
- Alternatively some legal practices such as pollution are seen as deviant and are viewed social as wrong, so businesses try to avoid doing it.
What are the different ways to classify criminals based on the severity of their offence?
- ‘Summary offences’ are less serious crimes such as speeding and assault. Magistrates have limited powers of sentencing.
- ‘Indictable offences’ are more serious offences such as rape and murder. They are dealt with at the Crown Court before a senior judge and a jury of 12 randomly selected citizens. The judge will sentence them.
There are different ways to classify criminal actions based on the subject matter of the offence itself. What are these classifications, examples?
- Non-fatal offences against the person – assault, battery, ABH (actual bodily harm), GBH (grievous bodily harm).
- Fatal offences against the person – murder, manslaughter.
- Sexual offences - rape, sex trafficking, grooming.
- Offences against property - theft, robbery, burglary.
- Drug offences – possession of a controlled drug, possession with intent to supply.
- Public order offences - riot, affray, violent disorder.
What are custodial sentences?
Custodial sentences are the most serious form of sanction and involve imprisonment or being sent to a young offender’s institution. The length can range from days to life (e.g., mandatory life for murder). Indefinite sentences are used for dangerous offenders. Release depends on the parole board.
What are community sentences?
Community sentences are served outside of prison and include measures such as probation, curfews with electronic tagging, anger management, drug treatment programs, and unpaid work.
What are fines in the justice system?
Fines are financial penalties. Their amount depends on the seriousness of the offence, the offender’s past convictions, and their ability to pay. Payments can often be made in instalments.
What does discharge mean in criminal sentencing?
Absolute discharge: No penalty despite a guilty verdict; not a conviction. Conditional discharge: No penalty unless another offence is committed within a set time; leads to a harsher sentence if reoffended.
What are police sanctions?
Police can issue sanctions without court: Police caution: A warning for minor offences (ages 10+). Conditional caution: Requires actions like attending treatment; failure results in conviction. Penalty notices: Issued for minor offences like shoplifting or fare dodging.
What is deviance?
Deviance is any action that goes against society’s norms or expected behavior. It can be positive (saving someone from a fire), eccentric (living with 50 cats), or negative (murder, queue jumping). Not all deviant acts are crimes, but many are socially disapproved of.
What are norms and values?
Values are general principles about what is right/wrong or good/bad. Norms are expected behaviors based on those values. Deviant acts break social norms. Some deviant acts can become accepted (e.g., downloading music), while once-normal acts (e.g., smoking) can become deviant.
What is a moral code?
A moral code is a set of rules, values, or principles held by individuals, groups, or societies. These can be written (e.g., Police Code of Ethics) or unwritten. Breaking a moral code is considered deviant.
What are formal sanctions against deviance?
Formal sanctions are penalties given by official bodies like the police, courts, or schools. Examples include fines, arrests, or school exclusions for rule-breaking behavior.
What are informal sanctions against deviance?
Informal sanctions involve unspoken or unwritten rules. Breaking them may result in social disapproval like being ignored or told off. These help maintain everyday social order.
What are positive sanctions?
Positive sanctions reward desirable behavior. Examples include receiving a medal for bravery or praise on a school report for good behavior.
What are negative sanctions?
Negative sanctions are punishments for breaking unwritten social rules. They can be mild, like being ignored or scolded, and help discourage deviant behavior.
What is social control in relation to deviance?
Social control is the use of sanctions (formal/informal, positive/negative) to encourage conformity and discourage deviance within society.
