AC1.1-AC2.2 Flashcards
deviance
behaviour that goes against social norms
norms, moral codes and values
unwritten rules of acceptable behaviour. (eg. UK dark colours China white for funerals)
informal sanctions against deviance (5)
• frowning upon behaviour
• name calling
• ignoring behaviour
• labelling behaviour
• parents grounding a child
formal sanctions of deviance
• imprisonment
• fines
• detention (if a student fails to hand in their homework)
Is deviant behaviour always bad?
No.
Forms of deviance
• Admired behaviour: saving a life while putting own at risk
• Odd behaviour: living with an excessive amount of cats
• Bad behaviour: exposing yourself in public
One example of an act labelled deviant but not criminal
One example of an act labelled criminal but not deviant
One example of an act labelled deviant and criminal
Cross-dressing. Illegal downloading of music. Murder.
Criminal behaviour
Form of deviance involving serious, harmful acts that are punishable by law
Legal definition of crime
Behaviour that breaks the law. An action forbidden by criminal law. Offence must have two elements: actus reus (guilty act) and mens rea (guilty mind)
Examples of criminal offences (actions forbidden by criminal law)
Theft, fraud, murder
What two elements must an offence have in order for it to be classified as a crime by its’ legal definition?
- Actus reus
- Mens rea
Actus reus
Guilty act
Mens rea
guilty mind
If A takes a gun and deliberately shoots B through the heart and B then dies, label the actus reus and mens rea in this situation.
actus reus is the act of shooting
Mens rea is the intention to kill
Strict liability
Mens rea not required in these cases. The wrongful act alone is enough to convict someone.
Self-defence
Assaulting someone with the deliberate intention to harm them is usually a criminal act, but if done in self-defence this could mean a person cannot be found guilty.
Two exceptions to principle of something that has an actus reus and a mens rea
- strict liability
- self-defence
Social definition of crime
A social interaction which is wrong against the community. Some acts are crimes in some countries but not in others. (Eg. UK wrong to have sex with a 14-year-old but Bangladesj forced marriages and child brides exist). Definition of crime difficult to find as it can vary
Seriousness of the offence - Two types of offences in UK law
- Summary offences (less serious - speeding) Associated with magistrates
- Indictable offences (more serious offences - murder/rape) Associated with the crown court
Formal sanctions against criminal’s definition
Penalties given to those convicted of a crme
Two main types of formal sanctions against criminals
Non-court sanctions + Court sanctions + Discharge
Non-court sanctions
examples;
• Formal sanction against criminals
• Cautions
• Conditional Cautions
• Penalty notices (ages 18+)
Court sanctions (types of sentences)
• Formal sanction against criminals
• Custodial sentences (immediately sent to prison)
• Community sentences (unpaid work, probation, curfew)
• Fines
Discharge Definition (formal sanction against criminals)
• Formal sanction against criminals
• can either be conditional or absolute (when if defendant reoffends during set period of time court could issue an alternative sentence or when defendant guilty but morally blameless)