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
Why has society changed its view of prostitution
Due to a decline in people believing in religion and an increased moral tolerance. The status of women changed and increased equality as well as more occupations and training opportunities became available
When was vagrancy illegal
1824
Why was vagrancy seen as illegal
Prevent crime
How has society’s views change on vagrancy
Since 19th century it is no longer looked upon with disapproval. Now there is sympathy and concern for the vagrants. There is an acceptance that there are many genuine reasons for homelessness and that it is not connected to laziness or idleness
How does possession of cannabis change in different places
Offence that is illegal in England and Wales but have been calle to decriminalise and allow it to use for medical reasons. In countries like Colombia and Uruguay it is legal
How’s does Jay walking change in different places
Jayqaljing is an offence in USa, Canada and Singapore. But in the UK there is no offence as it is considered a personal responsibility to cross the road safely
How does FGM change in different plaves
Due to culture it is illegal in UK as it does not bring benefits to the individual but in parts of Africa and Asia it is believed it will benefit the girl and preserve her virginity ready for marriage
FGM is usually carried out on girls at what age
Under 15
What does the rule of law state
Everyone is subject to the law and that it shiyld be applied equally to all. Which means there are few instances of when laws are applied differently
How is age applied differently according to circumstances in which actions occur
-age of criminal responsibility in the UK is ten
In Canada no person can be convicted of an offence committed under the age of 12
In Bangladesh it is nine years whereas China it is 16 years
What are the circumstances for the crime to change from murder to mansalaughter
When the offender is said to have suffered from diminished responsibility or acted under a loss of control. These circumstances act as a partial defence and rather than face a mandatory life sentence, the law allows the charge of manslaughter, where all three sentencing options are open to the judge
Qhat is the xxy theory
Suggests that some crime might be attributable to a chromosomal abnormality
How many chromosomes are in a body
46
How many chromosomes determine the shape and constitution of our body
44 and two that determine sex
What does xxy mean in terms of gender
Involves the presence of an extra chromosome
Xxy males have sometimes been called what
Supermales
Why have xxy men been an interest to criminologists
Because of the suggestion that they are more aggressive and inclined to he violent than males with a single y chromosome
What did jacob el suggest about tur xxy syndrome and when
1965bhe suggested that xxy men are more aggressive than normal xy men. There are also some studies that suggest xxy menbare overpresented in the prison population. There are 15 sufferers per 1000 in prisons and one per 1000 in the general population
Example of a serial killer
John Wayne gacy is said to have xxy dynamometer. He sexually assaulted tortured and killed at least 33 men in the usa
What does twin studies present
The contention that a heritable trait may risk for criminal behaviour
What is the difference between monozygotic and dizygotic
Mz twins happen when they are twins as they are from one fertilised egg
Whereas dz twins are from two separate eggs and share 50 percent off their dna
An example of a twin study
Reported by a German physician Johannes Lange in 1929. He found that Mz twins showed a higher degree of concordance than Dz twins for criminal behaviour. 10 of the 13 mz twins had both served time in prison whereas only 2 of the 17 dz twins had such concordance
Who studied twin pairs
Christiansen in 1977 studied 3,586 twin pairs and found concordance rates of 35 percent mz and 13 percent dz for male twins and 21 percent mz and 8 percent dz for female twins
What is the adoption studies
Explaining criminal behaviour which is the comparison of criminals with both their biological and adoptive parents
Who studied adopted children
Hutchins and mednick1975 studied 14,000 adopted children and found a high proportion of boys with criminal conviction had biological parents with criminal convictions too. Mednick 1944 found no relationship between criminal convictions of adoptive parent and their adopted children but did a significance correlation between the number criminal convictions of the biological parents and their offspring
What was cesare lombroso called
Father of criminology
What was cesarean lombroso and what was his theory
Italian psychiatrist and military doctor who developed theories about criminals. He argued that the criminal is a separate species and u are borna. Criminal if u have a certain head shape and face
What r the characteristics made by cesare lombroso
Atavastic features:
Large ears
Long arms
Low sloping forehead
High cheekbones
What did lombroso conclude about atavastic features
The facial and craniul features of 383 dead criminals and 3,839 living ones meant 40 percent of criminals have avatastic features
What do murderers and sex offender look like according to lombroso
Bloodshoteyes and curly hair/
Thick lips and protruding ears
Apart from physical traits what else suggested that someone was born a criminal
Insensitivity to pain, use of criminal slang, tattoo and unemployed
What book was lombrosos theory in
L’umo delinquente or criminal man (2006)
When and what is William Sheldon theory
The idea that criminal behaviour is linked to a person’s physical form
1949
What are the three body types in William Sheldon theory
Endomorphoc
Ectomorphic
Mesomorphic
Endomorphic meaning
Fat and soft
Tend to be sociable and relaxed
Ectomorphic meaning
Thin and fragile
Are introverted and restrained
Mesomorphic meaning
Muscular and hard
More aggressive and adventurous
Which body type is the most criminal
Mesomorphic and least likely ectomorphic
What book was William sheldonss theory in
Atlas of men 1954
What have several research studies shown in brain abnormality
Damage to the pre-frontal cortex of the brain may cause individuals to have any altered behaviour pattern, making them more immature and having an increased loss of self control as well as having an inability to modify behaviour
Example of brainabnormality
Phineas gage who survived an accident of a large iron rod going theought his head
Destroyed the left frontal lobe of the brain
His personality ad behaviour was affected the part of brain lost was the mental and emotional functions
Canadian study about brain abnormality
2016 people who suffer head injuries are twice as likely to end up in prisom
What is Albert banduras social learning theory
He believed that people learn by watching the behaviour of others.
What and when was the book doll experiment created
1963
Experiment involving how the children would react after watching an adult do aggressive behaviour towards a bobo doll model
Most of the children were influenced by their actions and copied however children who watched mon aggressive version were far less aggressive towards the bobo
What is the theory of bandaranaike supported by
Sunderthland in 1992 who considers differential associations or different learning experiences. If more favourable attitudes are learned then they the criminal behaviour is seen as more acceptable
What is sigmund freud theory
He believed that the beat way to understand behaviour is to examine early childhood experiences and that criminality was linked to guilt. He suggested that out mind was in an unconscious region. It is our unconscious mind that controls behaviour including criminality
What are the three parts of personality according to freud
I’d, ego and superego
What is id
Controls selfish and animalistic urges
Qhat u want
Ego
Which seeks rational and sensible control
Helps u make the decision
Superego
Moral conscience
Thing that not makes u want it e.g already having lunch
What is Karl marxisms theory
Capitalism is unequal and undemocratic, being based on the working class by the capitalist class/boirgeoisie. He also believes that crimes like white collar crime are ignored but crimes like street are more focused and seen as serious. He also argues that different classes are policed differently. E.g working class seen as more criminal
Emile durkham
Crime is inevitable as not every member of society can be equally committed yo the collective sentiments values or beliefs. Crime is considered to be functional and only dysfunctional when the rate is hihh or low. For example homosexuality changed due to there being an opposition In the law.
Crime also strengthens social cohesion or the willingness of members to society to cooperaye with one another
Merton strains theory
Society encourages us to subscribe goals to material success. He believes there are 5 categories for people who cannot reach the American dream. Working class strive for goals of material acces but do not have the oppurtunity
5 categories Merton strain
Conform and accept the situation
Innovate by adopting non conventional or criminal ways to gain material success
Become ritualistic where sight of goals is lost
Become retreatists and drop out of conventional society
Become rebels who set alternative opposing goals and values rather than those promoted by society
Labelling theory
Made by Howard Beckermet
Has a book called outsiders 1932
If people who are deviant have been called that they will become their master status which leads to their self fulfilling prophecy. Folk devil’s is a good example of this and is deviance amplification
Right realism
Considers crime from the perspective of political conservatism with the standpoint of getting tough on crime.
Charles muurey the leader states rhat everyone is tempted to commit crime but it is the amount of simla bonds thag prevents us from doing so. They question the economic factors such as poverty or unemployment are rhe reason behind rising crime rates
Left realism
Suggest that crime lies in the inequalities created by a capitalist society.bleft realists believe that both practical measure to reduce crime and a long term change towards a more equal caring society needed
More info on marxism
Disadvantaged social class being a cause of crime
The ruling class uses as means of social control and a lack on conformity which results in punishment
Last women hanged in this country and when
Ruth Ellis 1955
Example of capital punishment
Kennedy Smith alabama
Killed to nitrogen gas in America
How many street workers are mothers prostitution?
74
Where can u have possession of cannabis in americw
Oregano in 1973 decriminalised it
1996 california legalised it for medical use
2012 colored and Washington legalised it for recreational marujana use
Eysenck theory
By taking a personality test can tell how criminal u are depending if u are an extrovert or introvert and stable or unstable
He gave 700 questionnaires to soldiers suffering from neurotic disorders
Emily durkham
Believes in anomie which is society with no direction or feelings
Believes crime has a function on society and society improves due to criminality
The laws may be bad instead of the person
Cctv statistics
Crime has been found to reduce crime by 13 percent If there is cctv