1.1 - Compare Criminal Behaviour And Deviance

Question 1

What is criminal behaviour?

Answer 1

Behaviour that is illegal, breaks the law and is punishable.

Question 2

What two elements must an action have for a court to consider the defendant’s actions as a crime?

Answer 2

Actus rea

Mens rea

Question 3

What is actus rea?

Answer 3

the guilty act.

Question 4

What is mens rea?

Answer 4

The guilty mind.

Question 5

What is meant be the term strict liability offences?

Answer 5

Mens rea is not needed for these offences and the wrongful act is enough to convict someone.

Question 6

What is meant by self defence?

Answer 6

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.

Question 7

Why is it hard to socially define crime?

Answer 7

• 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

Question 8

What are the 4 types of formal sanctions against criminals?

Answer 8

Custodial, community, financial and discharge.

Question 9

What is a custodial sentence?

Answer 9

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.

Question 10

Custodial sentences

What crimes mean mandatory and max life imprisonment?

Answer 10

Murder.

Life imprisonment is the max sentence for maslaughter, rape, robbery and attempted murder.

Question 11

What conditions may mean a custodial sentence must be imposed?

Answer 11

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.

Question 12

What does the Criminal Justice Act allow?

Answer 12

For early release.

Question 13

What is a suspended sentence?

Answer 13

Offender does not have to go to prison provided that they commit no further offences and comply with any requirements imposed.

Question 14

What is a community sentence?

Answer 14

A sentence served in the community rather than jail.

Question 15

Examples of community orders?

Answer 15

Unpaid work, curfew, drug rehabilitation requirements.

Question 16

What is a financial sanction?

Answer 16

Financial penalties (fines). They are the most frequent imposed penalty.

Question 17

What is the maximum fine in Crown and Magistrates court?

Answer 17

Crown - unlimited

Magistrates - £5000

Question 18

What must be considered when setting fines as punishment?

Answer 18

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.

Question 19

Discharge sanction.
What is meant by a conditional charge?

Answer 19

A charge where the offender must not commit any further offences in a given period.

Question 20

Discharge sanction.
What is meant by an absolute charge?

Answer 20

No penalty is imposed.
Offender is guilty but morally blameless and punishment would be inappropriate (self-defence).

Question 21

What are the three police sanctions?

Answer 21

Cautions, Conditional cautions and penalty notices for disorder.

Question 22

What is meant by cautions?

Answer 22

Cautions are usually given by the police to people who have committed petty crimes such as graffiti.

Question 23

What is meant by conditional cautions?

Answer 23

Rules and restrictions are placed on the offender. For example, going for drug treatment.

Question 24

What is meant by penalty notices for disorder?

Answer 24

These are issued for minor crimes such as shoplifting. You do not get a conviction if you pay the penalty.

Question 25

Criminal acts - summary

Answer 25

Least serious,
Magistrates court,
Examples - assault, battery, driving without insurance.

Question 25

Criminal acts - indictable

Answer 25

Most serious,
Crown court,
Examples - murder, rape and manslaughter.

Question 26

Criminal acts - triable either way

Answer 26

Magistrates or crown court,
Examples - GBH or theft.

Question 27

What is deviance?

Answer 27

Behaviour that differs from social norms and expectations and is deemed in society as unusual.

Question 28

What are the three forms of deviance?

Answer 28

Unusual and good,

Unusual and eccentric,

Unusual and bad

Question 29

What are morals?

Answer 29

Ethics - ideas about what is wrong and right.

Question 29

What are norms?

Answer 29

Unwritten rules of society and social expectations that guide behaviour.

Question 30

What are values?

Answer 30

Rules shared by most people in a given culture - guidelines of how we should live our lives.

Question 31

Positive and negative sanctions

Answer 31

positive - awards

negative - punishment

Question 32

What are formal sanctions?

Answer 32

Formal sanctions are imposed by official bodies such as the police, courts and at schools by teachers.

Question 33

What are informal sanctions?

Answer 33

Used when rules are not written down but “unspoken”.
Example - ignoring someone, name calling.

Question 34

What do all 4 sanctions exhort?

Answer 34

Social control.

Question 35

Most criminal acts will be classed as - ?

Answer 35

Deviant.

Question 36

Criminal but not deviant.

Answer 36

Not all crimes are serious an dsome may not be deemed as deviant.

Question 37

Deviant but not criminal.

Answer 37

Acts that some see as deviant are not always crimes.