AC 1.1 - Compare Criminal Behaviour and Deviance Flashcards

1
Q

What is criminal behaviour (criminality)?

A

An illegal act that goes against the written rules of society, for example, murder. The act is punishable by law and the offender can be arrested, charged, and prosecuted via formal sanctions. These implications consist of sentencing such as community order, imprisonment, or paying a fine.

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2
Q

What are some examples of formal sanctions?

A

Community order, imprisonment, or paying a fine.

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3
Q

Are all illegal acts seen as deviant?

A

No.

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4
Q

What is deviance?

A

Legal behaviour that goes against the unwritten rules of society and does not conform to a society’s norms or values, like laughing at a funeral. This behaviour can lead to informal sanctions, such as being told off or frowned upon.

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5
Q

Can some deviant acts also be illegal?

A

Yes.

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6
Q

What are some examples of acts that are BOTH criminal and deviant?

A
  • Stealing a car.
  • Domestic abuse.
  • Smoking in enclosed public spaces.
  • Arson.
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7
Q

What are some examples of acts that are deviant but NOT criminal?

A
  • Laughing at a funeral.
  • Swearing in religious places.
  • Skipping queues.
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8
Q

What are some examples of acts that are criminal but NOT deviant?

A
  • Parking on double yellow lines.
  • Texting while driving.
  • Identity fraud.
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9
Q

What is the social definition of crime?

A

Behaviour or activity that offends the social code of a particular community. The consequences of crime are detrimental to the community. Mower (1959) defined it as ‘an anti-social act’.

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10
Q

Who defined crime as ‘an anti-social act’?

A

Mower in 1959.

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11
Q

What are some examples of anti-social acts?

A
  • Nuisance.
  • Public drinking.
  • Vagrancy.
  • Vandalism.
  • Environmental damage.
  • Prostitution.
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12
Q

What are some examples of crimes that may be illegal in the UK but not in other countries?

A
  • Assisted suicide.
  • Honour crimes.
  • Gun licenses.
  • Animal cruelty.
  • Polygamy.
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13
Q

What is the legal definition of crime?

A

Crime is an action which constitutes an offence and is punishable by law.

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14
Q

What are examples of crimes?

A
  • Murder.
  • Sex offences.
  • White-collar crimes.
  • Kidnapping.
  • Drug abuse.
  • Honour crime.
  • Hate crime.
  • State crime.
  • Domestic abuse.
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15
Q

What two elements make up a crime in law?

A
  • Actus Reus

- Mens Rea

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16
Q

What is actus reus?

A

The guilty act (the crime itself).

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17
Q

What is mens reus?

A

The guilty mind (intention/motive).

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18
Q

Do all crimes require mens rea?

A

No.

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19
Q

Give an example of crimes that may not require mens rea?

A
  • Speeding.

- Gross negligence (safety laws).

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20
Q

What is a fatal offence?

A

Offences that are against the person which could result in death.

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21
Q

What are examples of fatal offences?

A
  • Murder.

- Manslaughter.

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22
Q

What type of formal sanctions can come with fatal offences?

A

Life imprisonment. The offender can only be considered for parole after the minimum term is served; for example, someone may be given a life sentence with a minimum of 15 years for murder.

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23
Q

What are non-fatal offences?

A

Offences directed against the person but it does not result in death.

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24
Q

What are examples of non-fatal offences?

A
  • Assault.
  • Minor forms of battery.
  • ABH.
  • GBH.
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25
Q

What type of formal sanctions can come with non-fatal offences?

A

Six months imprisonment and/or fine.

26
Q

What are property offences?

A

Crimes to obtain money, property, or other benefits.

27
Q

What are examples of property offences?

A
  • Burglary.
  • Theft.
  • Motor vehicle theft.
  • Arson.
  • Shoplifting.
28
Q

What type of formal sanctions might come with burglary?

A

If the victim is at home it is taken as more serious.

Offenders can face up to six years in prison and up to 13 years if armed.

29
Q

What are sexual offences?

A

Offences where a person intentionally sexually touches another individual that did not consent.

30
Q

What are examples of sexual offences?

A
  • Sexual assault.
  • Rape.
  • Assault by penetration.
31
Q

What type of formal sanctions might come with sexual offences?

A

Imprisonment.

Rape can lead to life imprisonment.

32
Q

What are public order offences?

A

Behaviour that is labelled as criminal because it is contrary to shared norms and values.

33
Q

How does Siegal (2004) define public order crime?

A

A crime which involves acts that interfere with the operations of society.

34
Q

What are some examples of public order offences?

A
  • Rioting.

- Affray.

35
Q

What types of formal sanctions might come with public order offences?

A

A maximum prison sentence of 5 years.

Affray can lead to a 3-year prison sentence at the Crown Court.

36
Q

What are road traffic offences?

A

Acts that cause danger to other road users.

37
Q

What are examples of road traffic offences?

A
  • Careless driving.
  • Speeding.
  • Failing to stop at traffic signs.
  • Driving while using a handset.
38
Q

What type of formal sanctions might come with road traffic offences?

A
  • Points on your license.
  • Fine.
  • Driving ban.
  • Prison sentence (depending on severity).
39
Q

What are drug offences?

A

The possession, use, production, supply, or intent to supply drugs that are prohibited by law.

40
Q

What are examples of prohibited drugs?

A
  • Cannabis.
  • Cocaine.
  • MDMA.
  • GHB.
  • Heroin.
  • Anabolic steroids.
41
Q

What type of formal sanctions might come with drug offences?

A

The severity of the penalty depends on the class of the drug. Possession of Class A drugs could result in 7-year imprisonment, whereas possession of a Class C drug could result in up to 2 years.

42
Q

How many years in prison can the supply and production of illegal drugs result in?

A

Up to 14 years.

43
Q

What are three non-court sanctions?

A
  • Cautions.
  • Conditional cautions.
  • Penalty notices.
44
Q

What are four court sanctions?

A
  • Custodial sentences.
  • Community sentences.
  • Fines.
  • Discharge.
45
Q

What is a caution?

A

They are administered by the police for minor crimes.
You must admit to the offence and agree to be cautioned, otherwise you may be arrested.
It is also known as a formal warning.

46
Q

What is a conditional caution?

A

Given by the police where you have to agree to certain rules/ restrictions, such as receiving treatment or repairing damage to property.

47
Q

What is a penalty notice?

A

Given for minor crimes and disorders such as shoplifting, possessing cannabis and public disorder.
You must be 18 or over to receive a penalty and if the penalty is paid for then you will not receive a criminal conviction.

48
Q

What is a custodial sentence?

A

Also known as imprisonment, this is where you are immediately sent to prison.
There are fixed term and indeterminate custodial sentences.

49
Q

What is a community sentence?

A

These can be a combination order including unpaid work, probation, curfew, and orders such as having drug testing and treatment.

50
Q

What is a fine?

A

These are also known as financial penalties and is when the offender needs to pay a certain amount of money for their offence.
The amount depends on the seriousness of the crime and the financial circumstances of the offender.

51
Q

What is a discharge?

A

This is where no punishment is imposed.
Discharge can be conditional (where the offender has a certain period to not re-offend or else they will be prosecuted further) or absolute (where the offender is technically guilty but morally blameless).
The court decides that the process of going to court is a sufficient deterrent for the offender.

52
Q

What are norms?

A

Social expectations that refer to behaviour that is usual, typical, or standard, that allow you expect certain behaviours that will occur in a particular event.

53
Q

What are some examples of norms?

A
  • Queuing in a shop.

- Remaining quiet in a library.

54
Q

What are moral codes?

A

Morals or good ways of behaving.
A moral code is a series of agreements or principles derived from a code of conduct from a particular philosophy, religion, or culture.

55
Q

What is an example of a crime that breaks the moral code?

A

Murder.

56
Q

What are values?

A

Important and lasting beliefs or ideals shared by the members of a culture about what is good or bad, desirable or undesirable.

57
Q

What is an example of values?

A

Respecting the elderly.

58
Q

What are formal sanctions against deviance?

A

Used for behaviour that is both deviant and criminal (social deviance that is also illegal), therefore being punishable by law.

59
Q

What are informal sanctions against deviance?

A

Used for deviant behaviour that is not criminal, and emerge in face-to-face interactions such as disapproving looks, labeling, or even verbal reprimands.

60
Q

What is informal deviance?

A

Is dictated by social norms.
Does not constitute an illegal act.
Fewer consequences and typically do not cause harm.

61
Q

What is formal deviance?

A

Criminal acts dictated by law.
Punishable by law.
Prosecuted in court.

62
Q

Is deviant behaviour always negative and why?

A

No.

Some behaviour is deviant but considered good; for example, saving someone’s life whilst putting your own life at risk.