ac 1.1 Flashcards
norms
social expectations that guide people’s behaviour in particular situations. they differ from one culture to the next and keep deviant behaviour in check (e.g. normal to wear deceased husbands bones in parts of africa but not the uk)
moral codes
also knows an ethical codes. refer to a basic set of values held by an individual or group. they outline positive behaviour and breaking a moral code would be frowned upon (e.g. police code of ethics)
values
general principles for how we should live our lives, values are agreed on by most people within a given culture. they tell us what is right/wrong and good/bad (e.g. respect for elders)
what is a sanction
a sanction is the consequence of our action. they are a form of social control and aim to control our behaviour and ensure we conform to societies expectations
informal sanction
when rules are not formally written down, e.g. name calling, frowning upon people’s behaviours
formal sanctions
punishments for breaking formal written rules, e.g. fines, imprisonment, detention, etc
positive sanctions
used to reward behaviour which society approves of, e.g. verbal praise
deviance
usually frowned on by society but not always. can sometimes me illegal but not always
admired behaviour
a deviant behaviour that is considered to be good or admirable, e.g. saving a life and putting your own at risk in the process
odd behaviour
a form of deviance when behaviour is off or different from most, e.g. a middle ages man taking to his barbie doll collection
bad behaviour
it’s deviant because it’s bad, can range from being trivial to more serious, e.g. queue-jumping, murder, rape
which form of deviance are criminologists primarily interested in
bad behaviour as it’s closely linked to criminality because it involves doing something that’s deemed unacceptable by society (breaks a rule and results in disapproval from others)
why is deviance so difficult to describe
- it looks different for each person
- changes overtime
- varies between cultures/societies
- three different types
criminal behaviour
this is a form of deviance that involves serious, harmful acts that are a wrong against society. they are punishable by law
social definition of crime
- no behaviour is inherently criminal, society defines certain acts as criminal
- as society changes so do people’s opinions on what’s a crime
- crime is a social construct (if society says it’s a crime then it becomes one)
- what is considered to be a crime varies from one society to another
legal definition of crime (in the uk)
a behaviour that breaks the law and which you are punished by law for. has two elements, however there are exceptions
acts reus
the guilty act
mens rea
the guilty mind
strict liability
means that, in some cases, a mens rea is not required as the wrongful act on its own is enough to convict someone. health and safety laws operate on this basis, e.g. factory owner fails to ensure safety of equipment and so he is liable for the injuries it causes to his workers even though he had no intention of harming them
self defence
if a criminal act is done in self defence it is not a crime - assuming the force used was reasonable in the situation
8 points judges/magistrates consider when deciding on a sentence
- how serious the offence is
- harm caused to the victim
- the offenders level of blame
- whether or not the offender already has a criminal record
- personal circumstances
- what sentence will act as a deterrence
- how long it takes them to please guilty
court sanctions - custodial sentences
you are immediately sent to prison/a young offenders institution. there are mandatory, discretionary, fixed term and indeterminate prison sentences. those serving life sentences are usually eligible for parole after 15 years
court sanctions - community sentences
served in the community rather than in jail. can be a combination order including unpaid work, probation, curfew and orders such as drug testing and treatment
court sanctions - fines
financial penalties. the amount depends on the seriousness of the offence and the financial circumstances of the offender. the offender may also be able to pay in instalments
court sanctions - discharge
can either be conditional - if the dependent reoffends during a set period of time the court will give an alternative sentence - or absolute - no penalty is imposed and the offender is morally blameless
police sanctions - cautions
administered by the police or CPS for anyone age 10 or over. for minor crimes, e.g. graffiti. you have to admit to the offence and agree to be cautioned - a caution is more a criminal conviction
police sanctions - conditional cautions
given by the police. you have to agree to certain rules and restrictions, e.g. drug treatment. failure to follow these conditions may mean you are charged with a crime
police sanctions - penalty notices
issued for offences like shoplifting, possessing cannabis, etc. only for those aged 18+. you won’t get a conviction if you pay the penalty, if you disagree with the penalty notice you can go to trial instead
what are the consequences of having a criminal record
- can be banned from travelling to certain countries
- excluded from certain occupations, e.g. working with young people
- restrictions on adoption
summary offences
less serious, tried by magistrates. e.g. speeding, vandalism, etc
indictable offences
tried in the crown court before a judge and jury. sentences can be severe. e.g. GBH, rape, murder, etc
why is crime so difficult describe?
- can vary from one society to another, e.g. marriage laws in the uk and state of utah in the usa are different
- not all societies have the same idea of what constitutes as a crime (crime is a social construct)
- legal definition has exceptions
- they change overtime as societal ideas shift
