AC1 Flashcards
norms
social expectations that guide behaviour and explain why people act in the way they do
moral codes
basic values, rules of behaving
eg police have code of ethics
values
general principles for how we should live our life
eg respecting an elderly
formal sanctions
imposed by official bodies such as police, courts.
punishment for breaking formal laws
informal sanctions
used when rules arent formally written down and are perhaps ‘unspoken’
legal definition of criminal behaviour
any action that is forbidden by the criminal law
2 elements crime must have
actus reus
mens rea
actus reus
guilty act
mens rea
guilty mind
strict liability
the wrongful act on its own is enough to convict someone
eg speeding
self-defense
if harm is done in self-defense it is not a crime - as long as the force used is reasonable in the situation
social definition of criminal behaviour
- crime is a label from social interaction or wrong doing against the community
- if society says an act is a crime, then it becomes one
- crimes have consequences that are detrimental to the community in some way
universal crime
- a crime is seen the same everywhere
- eg child sex offences
- but what is deemed as a crime changes between societies - marring 14 yr old (Bangladesh)
formal sanctions against criminals
- penalties laid down by the law that can be imposed on those who have committed the crime
- eg fines, custodial sentences, cautions
deviance
behaviour that goes against society norms, can be good or bad
eg underage drinking
informal sanctions against deviance
name calling
ignoring behaviour
formal sanctions against deviance
fines
imprisonment
forms of deviance
- admired behaviour
- odd behaviour
- bad behaviour
social construction
something that has been made or defined by society
time
views/opinions can change over time or campaigns can promote change
place
some criminal offences aren’t the same everywhere
culture
different cultures view crime differently
how laws change from culture to culture
- adultery
- homosexuality
- cannabis
- polygamy
adultery
sexual act between 2 people, 1 or both who are married to another person
adultery illegal cultures
Muslim and christian-majority countries
adultery legal countries
most countries, including UK
reasons for adultery law varying in different cultures
- religion - bible states adultery is a sin
- status of women - owned by husbands, could be treated as property
homosexuality
sexual acts between members of the same sex
homosexuality illegal cultures
- 72 countries, 6 results in death penalty
- india, iran
homosexuality legal cultures
UK, Europe, USA
reasons for homosexuality law varying in different cultures
religion- condemn it, bible says its a sin
sexism - male homosexuality is a crime in more countries than lesbianism is
cannabis
possession of cannabis for personal use is treated more leniently than growing/ selling
cannabis illegal cultures
UK
possession- fine to 5 years
supplying -14 years imprisonment
cannabis legal cultures
Canada
reasons for cannabis law varying in different cultures
- different norms and values- societies with greater individual freedom may see drug as victimless
- different ideas about how best to control drug use
polygamy
having more than 1 wife/husband at one time
polygamy illegal cultures
most countries, UK, Turkey
polygamy legal cultures
58 countries, Muslim-majority countries
reasons for polygamy law varying in different cultures
religion- Quran permits Muslim men to take up to 4 wives
tradition - been practiced in some African cultures
how laws change over time
capital punishment
- homosexuality
- drug laws
- gun laws
capital punishment
- 18th century- 200 offences resulted in death penalty
- capital punishment abolished in 1965
- changed as people had more rights and freedom
homosexuality
- all homosexual acts made illegal in 1885
- acts between men 21+ legalized in 1967
- age of consent equal to 16 in 2000
homosexuality reasons
- wolfenden report - after ww2 increase in gay men, trial of well known figures, 1957 new law - acts in private of consenting 21+ legal
- political - 2010 equality act
drug use
- Portuguese case- 2001 legal to carry less than 10 day supply, highest rates of heroine addiction
- public health- users referred to health and support rather than being prosecuted, now drug use fallen, deaths lowest in Europe
drug use reasons
- rapid growth in the addiction + sale
- 1990 1 in 100 addicted to heroin
- led to change
gun control laws
- laws about access to firearm changed after Michael Ryan and Thomas Hamilton shootings
- laws tightened in 1997 banning all handguns apart from 22 single shot weapons
gun control laws reasons
- gun control network
- snowdrop campaign
how laws change in different places
- jaywalking
-possession of cannabis - manslaughter
jaywalking
- pedestrians cross the road without traffic regulations
-illegal- USA, Canada - legal- UK
possession of cannabis
- some countries view it as recreational drug while others focus on its medicinal properties
- illegal countries - England
- different regions operate differently - Durham doesn’t priorities cannabis growers for personal use whereas Cumbria does
manslaughter
- where offender suffered from diminished responsibility or acted under a loss of control
- sentence is open for the judge to decide
diminished responsibility
if defendant mental condition reduced their ability to understand what they were doing
automatism
crime committed was involuntary
how laws are applied differently according to circumstances
- age
- different enforcement of the law
age
- 2 people may commit the same crime but be treated differently
- below the age of criminal responsibility- not have the capacity to commit the crime, dont understand the full meaning of the act so cant be held responsible
- UK- u10 cant be arrested, charged or prosecuted
- Canada u12
different enforcement of the law
moral panic
- courts enforced more server sentences on youths convicted of offences during Mods and Rockers
- to teach a lesson and deter others
different enforcement of the law
Chambliss
- studied youths (middle + working class)
- found police enforced law stricter against working class even though both commited offences
- police hold typification about ideal criminal
- laws to protect the rich
