AC1.1 Flashcards
compare criminal behaviour and deviance
what is the social definition of crime?
anything that society deems unacceptable that is usually based on behaviour that causes harm
what is the legal definition of crime?
an act that breaks the law including both the actus reus and mens rea unless it is a crime of strict liability or if you have a defence
what are the definitions of actus reus and mens rea?
the physical element of the crime (actual act of doing the illegal thing)
the mental element of the crime (guilty mind)
what is a formal sanction?
penalties laid down by the law where the punishment imposed by an official body fits the crime and these vary depending on the severity of the crime
what official bodies can lay down a formal sanction?
the courts, police and traffic wardens
what are the formal sanctions imposed by the court?
Custodial sentences, community sentences and fines
what are the formal sanctions imposed by the police?
cautions, conditional cautions and penalty notices
What other formal sanctions can you receive if found guilty of a crime?
restraining order, driving ban, unable to work in certain settings, signed on the sex offenders register…
what is included in a custodial sentence?
imprisonment or detention in a youth offenders institute
what is included in a community sentence?
curfew, electronic tags, mandatory drug testing, community service (payback) and probation orders
when is a fine awarded?
speeding , parking, leaving litter/dog mess and COVID, although these depend on the offence, if it is a repeat and their ability to pay
when is a caution awarded?
minor crimes like graffiti, anti-social-behaviour, petty theft
what is included in a conditional caution?
certain rules/requirements that if broken you are formally charged with the offence
can include attendance of a drug abuse program
what is included in a penalty notice?
issued for minor crimes, where usually if you pay the penalty the case will go no further
for possessing cannabis or shoplifting
what are the three groups of criminal groups?
summary offences, triable either-way offences, indictable offences
what is a summary offence?
the least serious offences
e.g. driving offences, littering
what is a triable either-way offence?
depending on the context can be serious
e.g. fraud, ABH
what is a indictable offence?
the most serious offences
e.g. murder, rape