1.1 - Compare Criminal Behaviour And Deviance Flashcards
What is criminal behaviour?
Behaviour that is illegal, breaks the law and is punishable.
What two elements must an action have for a court to consider the defendant’s actions as a crime?
Actus rea
Mens rea
What is actus rea?
the guilty act.
What is mens rea?
The guilty mind.
What is meant be the term strict liability offences?
Mens rea is not needed for these offences and the wrongful act is enough to convict someone.
What is meant by self defence?
Assaulting someone with the deliberate intention to harm them is usually a defence but if it is done in self defence and force is reasonable, it is not a crime.
Why is it hard to socially define crime?
- Not all harmful acts are criminal : anti-pollution laws allow a certain amount of harm but, set a limit (still harmful to the environment but isn’t illegal)
- Not all criminal acts are harmful : many trivial or victimless acts are still classed as criminal (downloading illegal music)
- Different societal views
- Law enforcement - not all criminal laws are enforced (priorities)
- Pluralistic society
What are the 4 types of formal sanctions against criminals?
Custodial, community, financial and discharge.
What is a custodial sentence?
This offender is sent to prison or to a detention in a young offenders institution.
This is the most severe sanction the court can impose.
Custodial sentences
What crimes mean mandatory and max life imprisonment?
Murder.
Life imprisonment is the max sentence for maslaughter, rape, robbery and attempted murder.
What conditions may mean a custodial sentence must be imposed?
Criminal Justice Act,
- the offender was so serious that only this sentence can be justified
- or the offence is a violent/sexual offence and this sentence would be adequate to protect the public from serious harm.
What does the Criminal Justice Act allow?
For early release.
What is a suspended sentence?
Offender does not have to go to prison provided that they commit no further offences and comply with any requirements imposed.
What is a community sentence?
A sentence served in the community rather than jail.
Examples of community orders?
Unpaid work, curfew, drug rehabilitation requirements.
What is a financial sanction?
Financial penalties (fines). They are the most frequent imposed penalty.
What is the maximum fine in Crown and Magistrates court?
Crown - unlimited
Magistrates - £5000
What must be considered when setting fines as punishment?
The court must consider the seriousness of the offence and the offenders financial circumstances.
The fine must be capable of being paid in 12 months.
Discharge sanction.
What is meant by a conditional charge?
A charge where the offender must not commit any further offences in a given period.
Discharge sanction.
What is meant by an absolute charge?
No penalty is imposed.
Offender is guilty but morally blameless and punishment would be inappropriate (self-defence).
What are the three police sanctions?
Cautions, Conditional cautions and penalty notices for disorder.
What is meant by cautions?
Cautions are usually given by the police to people who have committed petty crimes such as graffiti.
What is meant by conditional cautions?
Rules and restrictions are placed on the offender. For example, going for drug treatment.
What is meant by penalty notices for disorder?
These are issued for minor crimes such as shoplifting. You do not get a conviction if you pay the penalty.
Criminal acts - summary
Least serious,
Magistrates court,
Examples - assault, battery, driving without insurance.
Criminal acts - indictable
Most serious,
Crown court,
Examples - murder, rape and manslaughter.
Criminal acts - triable either way
Magistrates or crown court,
Examples - GBH or theft.
What is deviance?
Behaviour that differs from social norms and expectations and is deemed in society as unusual.
What are the three forms of deviance?
Unusual and good,
Unusual and eccentric,
Unusual and bad
What are morals?
Ethics - ideas about what is wrong and right.
What are norms?
Unwritten rules of society and social expectations that guide behaviour.
What are values?
Rules shared by most people in a given culture - guidelines of how we should live our lives.
Positive and negative sanctions
positive - awards
negative - punishment
What are formal sanctions?
Formal sanctions are imposed by official bodies such as the police, courts and at schools by teachers.
What are informal sanctions?
Used when rules are not written down but “unspoken”.
Example - ignoring someone, name calling.
What do all 4 sanctions exhort?
Social control.
Most criminal acts will be classed as - ?
Deviant.
Criminal but not deviant.
Not all crimes are serious and some may not be deemed as deviant.
Deviant but not criminal.
Acts that some see as deviant are not always crimes.
