AC1 And AC2 Flashcards
What is crime sometimes labelled as
Social interaction or wrong against the community. If society has said that an act is a crime tennis becomes one
What defines a crime
The legal system. E.g behaviour that breaks the law and for which you are punished by the legal system
What is the actual reus
Latin for the guilty act
What is men’s rea
Latin for guilty mind
Whay are examples that a men’s rea may not be used
Food and hygiene regulations
Examples of non court sanctions
Cautions, conditional cautions, penalty notices
Caution
Administrated bu the police for minor crimes like graffiti. Have to admit an offence to be cautioned otherwise u could be arrested. A caution is not a criminal conviction
Conditional caution
Given by the police but you have to agree to certain rules and restrictions, such as receiving treatment for drug abuse and repairing damage to a property
Penalty notices
Given for offences like shoplifting, possessing cannabis in public. You can only get a penalty notice if you are aged 18 or over
Examples of court sanctions
Custodial sentences, community sentences, fines and discharge
Custodial sentences
Where you are immediately sent to prison. The are mandatory and discretionary life sentences and fixed term and indeterminate prison sentences
Community sentences
Can be a combination order including unpaid work, probation,curfew and orders such as having drug testing and treatment
Fines
Financial penalties, the amount depends on the seriousness of the offence and the financial circumstances of the offender
Discharges meaning
Can be either conditional, when if the defendant reoffends during a set time period the court can give an alternative sentence, or absolute, when no penalty is imposed as the defendant is technically guilty but morally blameless
Example of fatal offences against the person
Murder or manslaughter
Example of non fatal offences against a person
Assault,battery, actual and grievous bodily harm
Example of public order offences
Riot, affray and violent disorder
Informal sanctions
Frowning upon behaviour, name calling, ignoring behaviour, labelling behaviour, parents grounding a child
Definition of adultery
Secual relations between a married person and another, with the exception of their purpose
Is a dusters seen as legal in uk
Not considered a criminal offence but may have legal consequences in divorce proceedings
Where is adultery legal
Uk and other European countries
Cultures where adultery is illegal
Countries governed by Islamic laws plus almost half the states in USA
Why does adultery vary in different countries
Religion the Bible states that adultery is a sin
Also status of women, who are opened by their husbands and could be treated as property
Definition of honour crime
Crimes accused has brought shame on their family
What the situation is with regards o the legality in uk
Such actions are crimes and if a killing is involved its murder
Cultures where honour crime is legal
Take place within South Asia and Middle Eastern families
Cultures where honour crime is illegal
UK, Europe, USA
Why does the law vary in different cultures
Such crimes are thought to have originated from tribal customs, where an allegation against a womenbcan damage a family’s reputation
What is the definition of homosexuality
Involving attraction between people of same sex
What thr situation is with regards to legality in the uk
Once it was illegal but was partially decriminalised in 1967 with the age of consent
The age of consent was lowered to 18 and then 16
What culture is it legal for homosexuality
Uk,Europe USA and canada
Cultures where it is illegal for homosexuality
India, saudia Arabia, Iran, Yemen and nigeria
Why does law varies in different cultures for homosexuality
Religion as in the bible homosexuality is seen as a sin
What is capital punishment
Practice of executing someone as punishment for a specific crime after due process, going through the correct legal proceedings or a legal trial
Who made the capital punishment law and why
The rich to protect rhemselves and their property. The laws were often focused on the poor whi were viewed as lazy and agents of their own misfortune
Why did capital punishment fade away
People got their own rights and freedom, and opportunities for progress in society
Why did capital punishment change
Due to the changing of status of various social groups in society and increased rights under the law
When did rhe capital punishment law change
Temporary abolished in the UK in 1965 and fully abolished in 1969. However, it remained on the statute books for treason and this was too abolished in 1988 with the Crime and disorder act
Why did the law against double jeopardy change over time
Was inadequate to bring justice. Also technologies and medical knowledge became more advanced and allowed for certainty of evidence
What forve came in the criminal justice act 2003 based om the double jeopardy law
Stated that where there is new and compelling evidence pointing to the guilt of a former defendant, the court of appeal may quash an acquittal and order a retrial
Is prostitution legal
Yes
What activities that are associated with prostitution are illegal
Soliciting in a public space, kerb crawling or owning a brothel. Once prostitution
How has societies view changes on prostitution
There are now calls for it to be decriminalised with appropriate regulation. The concern is for the safety of women and how to protect vulnerable people who became involved in prostitution