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WJEC LEVEL 3 CRIMINOLOGY: UNIT 2 > AC1 & 4 > Flashcards

AC1 & 4 Flashcards

1
Q

explain, with examples, what is meant by the term ‘decriminalisation’ (4)

A
  • a process in which we may see society refusing to accept an action is criminal
  • a reduction in punishment is often seen
  • police may become reluctant to enforce punishment
  • the act often becomes legalised
  • laws are frequently amended because the values in society are constantly changing
  • this means that eventually the government have little choice but to decriminalise and accept the act as it can no longer be controlled as people no longer take notice of the law

examples:
- homosexuality was once a criminal offence but it no longer is
- police do not act on cannabis as much anymore
- underage sex and drinking is not taking seriously

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2
Q

with reference to examples, analyse how laws change due to time, place and culture (smoking cannabis)

A
  • illegal in England and Wales but there have been calls to decriminalise it and allow its use particularly for medical reasons
  • it is legal in some states in America
  • within the UK the law is enforced differently, for instance, Durham Constabulary does not prioritise people who grow cannabis plant for personal use, unlike Cheshire.
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3
Q

with reference to examples, analyse how laws change due to time, place and culture (homosexuality)

A
  • used to be a criminal offence in England and Wales, this then changed in 1967 due to the Sexual Offences Act
  • the age of consent has been lowered from 21 to 16, so same as heterosexuals now
  • Marriage Act (2013) include the right to have a same sex marriage/civil partnership
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4
Q

with reference to examples, analyse how laws change due to time, place and culture (vagrancy/homelessness)

A
  • still illegal under the Vagrancy Act (1824)
  • this act was originally passed to clear the streets of beggars and vagabonds and to prevent further crime from being committed.
  • this act has been disregarded by society as they have accepted that there are legitimate reasons for homelessness.
  • however, there has been an increase in prosecutions in the last few years.
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5
Q

with reference to examples, analyse how laws change due to time, place and culture (time, place, culture)

A

time: views and opinions can change over time or campaigns can promote change and change can occur due to medical knowledge advances.

place: the same criminal offences are not necessarily in place throughout the world or even policies in the same way within England and Wales (find example in textbook)

culture: different cultures view crimes differently even at the same point in time.

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6
Q

with reference to examples, analyse how laws change due to time, place and culture (adultery)

A
  • not illegal in England, Wales or South Korea
  • in South Korea the state refuses to become involved in an individual’s private relationships
  • however, in certain states in the US, Florida and Arizona, adultery is punishable by imprisonment.
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7
Q

with reference to examples, analyse how laws change due to time, place and culture (honour killings)

A
  • in some cultures this is seen as the appropriate way for a family to deal with family or community dishonour.
  • this is predominantly prevalent in Muslim nations such as Turkey, Jordan, Pakistan and Morocco.
  • it is viewed as murder in more western countries.
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8
Q

compare criminality and deviance with reference to relevant examples (6)

A
  • crime is a behaviour that breaks the formal laws of society, criminal behaviour can lead to formal sanctions and punishment.
  • examples of criminal behaviour are murder and theft
  • deviance is any behaviour that goes against society’s norms and expected behaviour, for example having an excessive amount of tattoos or wearing dark make up and clothes.
  • most crimes are seen as deviant, but all deviant acts are not criminal, for example owning a large number of cats.
  • some deviant acts can become the norm, for example, illegal streaming of certain movies
  • certain acts that were once desirable may become deviant over time, for example smoking.
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9
Q

explain, with examples, what is meant by the term criminal behaviour. (6)

A
  • social definition = criminal behaviour is against the rules that a society uses to decide what is and isn’t criminal.
  • legal definition = a criminal act requires an actus reus and mens rea, actus reus is the action itself and the mens rea is having a guilty intention
  • some criminal behaviour can also be described as deviant, but this is not always the case.
  • e.g. murder and theft are both criminal and deviant
  • the criminality of some acts is different depending on the context, for example, smoking itself is not criminal however, smoking in cars with under 18s is illegal
  • an informal sanction against crime is a caution which is a warning, a person must agree to be cautioned
  • a formal sanction against crime is a community sentence which can include unpaid work.
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10
Q

explain how social changes affect policy development (smoking)

A
  • society has changed its views and policies regarding the smoking of cigarettes.
  • previously seen as socially acceptable
  • from being perceived as a glamourous activity in the mid-20th century, smoking is now illegal in enclosed public places following the Health Act (2006).
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11
Q

assess the use of biological theories in informing policy development (eugenics)

A
  • this involves the claim that inheritance can explain the presence of human behavioural characteristics including criminality.
  • examples of the use of eugenics include Nazi Germany, where sterilisation of people with undesirable traits was promoted.
  • sterilisation laws would prevent incarcerated criminals from giving birth to “criminal” offspring.
  • research suggest that criminal fathers are more likely to have criminal children than non-criminal fathers (Osborn and West)
  • criminal traits were believed to be inheritable
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12
Q

assess the use of biological theories in informing policy development (death penalty)

A
  • this involves ending a life by state execution.
  • death by hanging was legal in England and Wales for the crime of murder until the temporary abolition in 1965. As the murder rate did not soar it was permanently abolished for murder in 1969.
  • the policy is operative in some states of the US, for example Texas.
  • however, statistics suggest that it is not a deterrent to the crime of murder.
  • midazolam is drug used to execute, it does not result in a quick death, it is slow and tortuous
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13
Q

assess the use of biological theories in informing policy development (neurochemical - influencing brain chemistry with the use of diet)

A
  • the use of diet to positively affect aggressive behaviour, which in turn may result in less crime.
  • lower than average serotonin levels were found in violent offenders (Vikkunen et al., 1987). hence a serotonin-enriched diet with food such as tuna and salmon may reduce crime.
  • research has shown that a reduced-sugar diet reduced anti-social behaviour (Schoenthaler, 1982).
  • research by Gesch et al., 2002, involving the taking of vitamins pills by young, male prisoners, showed a reduction in disciplinary incidents.
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14
Q

assess the use of biological theories in informing policy development (brain surgery - lobotomy)

A
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15
Q

assess the use of individualistic theories in informing policy development (behaviour modification - token economy)

A
  • in prisons, this policy aims to extinguish undesirable behaviours and promote desirable ones.
  • the underpinning principle is that behaviours that are reinforced are strengthened whereas behaviours that are punished are weakened
  • a token economy system is an example of this, where a token is given for a desired action that is later exchanged for a “treat”. in the short term, this is often successful while the offender remains in prison
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16
Q

assess the use of individualistic theories in informing policy development (psychoanalysis)

A
  • this treatment allows the patient to verbalise their thoughts through a variety of methods, aiming to access unconscious, repressed thoughts that are believed to have led to criminal activity
  • the therapist is essential to the treatment as they aim to help the offender turn to law-abiding thoughts; however, there have been criticisms that the therapist may unduly influence the patient
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17
Q

assess the use of sociological theories in informing policy development (penal populism)

A
  • this is where a government attempts to propose new laws to punish offenders.
  • it is hoped that such policies are popular with the public and will elicit public support.
  • sometimes, the harsh policies may be out of proportion to the criminal offence.
  • comments may include the idea of being “Tough on crime; tough on the causes of crime” (the pledge of former prime minister, Tony Blair, to reduce crime)
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18
Q

assess the use of sociological theories in informing policy development (custodial sentence)

A
  • these may be lengthy, as prison sentences aim to ensure that society has its retribution on offenders.
  • individuals are deprived of their liberty and society is protected, at least for the duration of the prison sentence.
  • there may be as assessment of whether prison sentences achieve rehabilitation or whether recidivism rates prevent this from occurring
19
Q

assess the use of sociological theories in informing policy development (zero tolerance)

A
  • this stems from right realism and is an approach where no crime is accepted.
  • originating in New York City, this policy demands that all crimes are acted upon
    no matter how trivial they are.
  • it has been used in the UK in King’s Cross (London), Hartlepool and Middlesbrough.
  • candidates may draw links to the Broken Windows Theory
  • it does not address the causes of crime, favours the upper classes
  • this policy is just an attempt to make working classes conform to the ruling of the capitalist society
  • zero-tolerance can be viewed as a means for social control
20
Q

assess the use of sociological theories in informing policy development (CCTV)

A
21
Q

describe the difference between formal and informal policy making (2)

A
  • informal policy is linked to non-official ideas to prevent crime, this could be family rules such as grounding or withholding of pocket money
  • formal policy is linked to official ideas to prevent crime such as prison sentences or community orders.
22
Q

briefly explain how one type of media may be used to promote a campaign (2)

A

any one:

television: news reports featuring the campaign
radio: interviews and reports to raise the profile of the campaign and seek support.
advertising: billboards, leaflets, newspaper advertisements, to provide a more permanent form of publicity
blogs: web logs containing information about the topic
viral messaging: marketing messages are passed from person to person through social networks to promote the campaign
social networking: the use of dedicated websites to interact with other users about the campaign
film: showing the reasons and benefits of a return to capital punishments
documentary: factual programme
online petitions: seeking signatures in support of the campaign

23
Q

briefly explain why some crimes are not reported to the police (3)

A

personal reason: fear, shame, disinterest, not affected by it (e.g. sexual offences, domestic abuse and criminal damage)

social and cultural reason: lack of knowledge, complexity, lack of media interest, lack of current public concern, culture-bound crime (e.g. honour crime, witchcraft)

normalised behaviour: criminality seen as normal behaviour and therefore not appropriate to report to the police (e.g. smoking cannabis, illegal music downloads)

24
Q

evaluate two campaign methods that may be used to campaign for change (6)

A

social networking: easy to communicate with a larger number of people, but an older generation may not have the means or ability to access it (e.g. ice bucket challenge)

blogs: easy to create, can be time consuming to update (e.g. green peace)

hit songs: a famous singer is likely to gain attention from the public, but dislike for the singer may persuade the public not to become involved (e.g. Band Aid)

merchandise: can be profitable but can take time to produce and retailers may have to be persuaded to stock and sell (e.g. help for heroes)

marching: cost effective, can involve large number of people but time-consuming to liaise with authorities and can lead to militant action (e.g. gay pride)

contacting a member of parliament: easy to write to an MP but if it is a minority cause, they may not support (e.g. Lillian’s Law)

petition: can be cost effective and promoted through social media but may not represent the majority of the public, people may feel obliged to sign if requested (e.g. Sarah’s Law)

25
Q

explain how social values, norms and mores may impact on policy development (7) 2018

A

social values
- rules shared by most people in a culture or ideas that they hold in value
- they are more general guidelines than norms.
- for example, most people feel we should respect the elderly.

norms
- social expectations that guide behaviour and explain why people behave and act in the way they do.
- they keep in check deviant behaviour.
- it is expected behaviour but could vary from one culture to another.
- for example, in the UK we wear dark colours to a funeral, in China the colour of mourning is white.

mores
- morals or good ways of behaving.
- norms that a culture would think of as too serious to break, for example, murder.
- these are codes of ethics. these are morals or good ways of behaving, something that a society may live by.
- moral codes can be written or unwritten.
- these are expectations within society which are criticised if not followed, for example, cheating on your partner.

examples:
- smoking used to be seen as the norm but due to improved medical knowledge it no longer is
- becoming more tolerant towards homosexuality
- seen as the norm to have equality for women

26
Q

discuss how individual campaigns have resulted in a change in law/have affected policy making (8)

A

Sarah’s law: success is establishing the Child Sex Offender disclosure Scheme, the campaign was backed by the newspaper the News of the World.

a

27
Q

discuss how pressure group campaigns have resulted in a change in law/have affected policy making (8)

A

Sarah’s law: success is establishing the Child Sex Offender disclosure Scheme, the campaign was backed by the newspaper the News of the World.

a

28
Q

discuss how newspaper campaigns have resulted in a change in law/have affected policy making (8)

A

Sarah’s law: success is establishing the Child Sex Offender disclosure Scheme, the campaign was backed by the newspaper the News of the World.

a

29
Q

describe reasons why victims of domestic abuse may not report the crime (4)

A

love: the victims may love the abuser and may not want them to face police action.

fear: there may be fear of further abuse if an abuser discovers that the victim has reported it. the abuser may be angry and retaliate with further abuse.

lack of understanding: the victims may believe it is their fault and not appreciate that domestic abuse can be reported as a crime.

30
Q

explain the consequences of unreported crime. (5)

A

ripple effect: the impact of the crime spreads beyond the immediate victim. for example, other family members such as children.

cultural: sometimes there are cultural differences that make actions criminal in one country and not another. hence the differences mean that crimes are under-reported or not recognised. for example, witchcraft and the Kristy Bamu case.

decriminalisation: laws may not be reported by the public as they feel the actions should not be illegal. over time the action can become decriminalised. (e.g. certain drug usage)

legal change: crimes that go unreported for a long time can be perceived as a human right, for example, attitudes to homosexuality.

31
Q

explain how media’s reporting of crimes has created a moral panic. (6)

A
  • moral panic can occur when the media’s reporting is greatly exaggerated
  • the public will panic as they are lead to believe that the crime is out of control and may fear for their own safety
  • it may be argued that society wants severe punishment to be enforced as it believed that this is the only way to prevent the crime occurring.
  • the term ‘moral panic’ was first used by Stanley Cohen in the 1960s when the media created sensationalised headlines following the clashes between the Mods and Rockers.
  • modern examples of moral panic: islamophobia, terrorism, Ebola and immigration
32
Q

using examples, briefly explain how two laws, differ from culture to culture (4)

A

honour crime: in some cultures, honour crimes are illegal and deviant (UK). however, in other cultures, they are illegal but not considered to be deviant and the laws remained unenforced, despite government attempts to enforce the legislation, for example, in Pakistan in 2016.

homosexuality: since 2014 same-sex marriage has been legal in England and Wales (Same Sex Couples Act 2013), and Scotland (Marriage and Civil Partnership (Scotland) Act 2014). however, due to cultural differences between Britain and Northern Ireland, this was only recently introduced in late 2019.

33
Q

explain why laws differ across cultures (6)

A

religion:
- the laws of many countries are based on the religious culture of the country
- interpretations of religious texts have suggested that certain acts are sinful and incongruous with religious teachings.
- however, as a religion plays a lesser role in society, so too might the influence of religious over such topics

status of women:
- in some cultures, men have different status to women. women are perceived to be subservient (inferior) to men, and as a result, legal and societal rights may vary
- in cultures where bigamy is not a crime, the ability to have more than one spouse usually only applies to men
- female genital mutilation is seen in some cultures as a prerequisite for marriage

varying views on justice:
- what is considered to be justice and an appropriate legal system can very among different cultures.
- some countries allow financial payments to victims of crimes to discontinue legal cases, however, in other countries it would be seen as perverting the course of justice.
- the death penalty is still used in some countries, some states in the US, but has been abolished in other including the UK.

34
Q

explain how laws are applied differently according to the circumstances in which actions occur (6)

A
  • the age of criminal responsibility is a factor: in England and Wales this is 10 years of age. children below this age cannot face prosecution. however, those aged 10 or above can face criminal charges
  • partial defences to murder such as diminished responsibility or loss of control will not result in a murder conviction but one of manslaughter. where a partial defence is not available the conviction will be murder.
  • if a defendant has the actus reus and the mens rea of a crime they will be guilty. however, in circumstances where a person has a defence such as self-defence, consent or automatism they will not be liable. in such
    circumstances the verdict will be not guilty
  • the circumstances of a person’s past criminal convictions may mean that they face a criminal charge. whereas those without any previous conviction may be able to receive a caution rather than be charged
  • a person’s past offending is taken into account with regard to sentencing. someone with many convictions may be given a harsher sentence than a first-time offender
  • if a person is subject to a conditional discharge or a suspended sentence their sentence may be harsher than an offender who is not subject to those order
35
Q

explain how Marxist theory would account for the issue of a zero-tolerance approach to issues such as ‘sleeping rough’. (6)

A
  • zero-tolerance is a policing strategy that involves relentless order maintenance and aggressive law enforcement, against even minor crimes.
  • examples could include New York City zero-tolerance approach, Ray Mallon ‘Robocop’ Middlesbrough
  • marxist theory would view zero-tolerance as a means of social control and focuses on crimes committed by the working classes rather than the white collar crimes committed by the upper classes.
  • the policy is just an attempt to ensure that the working classes conform.
  • marxist theory would criticise zero-tolerance an aggressive policing with accusations of heavy-handedness.
  • zero-tolerance does not address the causes of crime and favours the upper classes and the unequal distribution of wealth.
36
Q

explain how social changes affect policy development (9) (homosexuality)

A
  • homosexuality was once illegal and a serious societal taboo.
  • however, as society has changed its view over time, laws and policies in this area evolved.
  • for example, same sex marriages were made possible in 2014 by the Marriage (Same Sex Couples) Act 2013.
  • it is now illegal to discriminate against people based on their sexual orientation.
37
Q

explain how social changes affect policy development (9) (women)

A
  • the status of women has changed as society’s view on women has evolved.
  • for instance at the beginning of the 20th century, women had very few legal or political rights.
  • this has changed over time and there are now many laws preventing sex discrimination, for example, the Sex Discrimination Act (1975).
38
Q

define the term mores and give one example (2)

A
  • morals or ‘good’ ways of behaving. they are formed out of a person’s core values.
  • they are ideas that a culture would think of as too serious to break.
  • e.g. not murdering, not cheating on your partner
  • moral codes can be written or unwritten.
  • these are expectations within society which are criticised if not followed, for example, cheating on your partner.
39
Q

define the term social values and give one example (2)

A
  • rules shared by most people in a culture, or ideas that they hold in value.
  • they are the foundation to judge between what is right and wrong
  • they are more general guidelines than norms
  • e.g. respecting the elderly`
40
Q

define the term norms and give one example (2)

A
  • social expectations that guide behaviour and explain why people behave and act in the way they do.
  • they keep in check deviant behaviour.
  • it is expected behaviour but could vary from one culture to another.
  • for example, in the UK we wear dark colours to a funeral, in China the colour of mourning is white.
41
Q

with reference to two examples, explain the social construction of criminality according to place (9)

A

2023 mark scheme add

42
Q

explain the legal definition of crime (6)

A
  • behaviour that breaks the criminal law of a society for which punishment is dispensed
  • an act which comprises of an actus reus (guilty act) which is the action, and a mens rea (guilty mind) which is the intention
  • strict liability offences, despite not-requiring a mens rea are also crimes
  • a defence, such as self-defence can ngeate behaviour from being criminal
  • examples of crime include theft, murder and robbery
  • sanctions for crime: imprisonment, community service and fines
43
Q

discuss how newspaper campaigns result in a change in policy (9) (sarah’s law)

A
44
Q

discuss how pressure group campaigns result in a change in policy (9) (british lung foundation (BLF))

A
  • aim: prevent lung disease by campaigning for positive change in the UK’s lung health
  • raises awareness of lung disease, the dangers that cause it and how to look after your lungs
  • petition in 2011, secured 50k signatures that were presented it to 10 Downing Street
  • informed the public on the effects of second hand smoke and the lasting damage it can have, showed that 430k children were exposed to second hand smoke in family cars each week
  • success: a ban on smoking in cars with children came into force in 2014 - ‘Children and Families Act 2014’

WJEC LEVEL 3 CRIMINOLOGY: UNIT 2 (5 decks)

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