AC1.1: Comparing Criminal behaviour and Deviance Flashcards
What is the social definition of criminal behaviour?
Crime is a label from ‘social interaction’ or a wrong against the community. Therefore, if society deems it as a crime it then becomes one.
What is the legal definition of criminal behaviour?
Defined by the legal system. So behaviour that breaks the law and for which you are punished by the legal system. It must have two elements, actus reus and mens reus.
What is actus reus?
Guilty act
What is mens reus?
Guilty mind
What are the three non-court sanctions?
Cautions, conditional cautions and penalty notices.
What are cautions?
Administered by police for minor crimes such as graffiti. You must admit to the offence and agree to be cautioned or you can be arrested. A caution is not a criminal conviction.
What are conditional cautions?
Administered by the police but you must agree to certain rules and restrictions. For example, receiving treatment for drug abuse or repairing damaged property.
What are penalty notices?
Given for offences such as shoplifting. Only given to those over 18.
What are the 4 court sanctions?
Custodial sentences, community sentences, fines, discharge.
What are custodial sentences?
This is when you are immediately sent to prison. There are mandatory and discretionary life sentences and fixed term and indeterminate prison sentences.
What are mandatory and discretionary life sentences?
Mandatory life sentence - adult sentence for murder.
Discretionary life sentence - adult sentence for serious offences other than murder (e.g. manslaughter, arson, rape).
What are fixed term and indeterminate prison sentences?
Fixed term: (Determinate sentences) A fixed term that the offender must serve.
Indeterminate sentences: These do not have a fixed end date.
What are community sentences?
Can be a combination order including unpaid work, probation or drug testing.
What is a combination order?
A sentence of the court that combines a probation order and a community service order.
What is a fine?
Financial penalties, the amount depends on the seriousness of the offence.
What is a discharge?
Can be conditional (when the defendant reoffends within the 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).
Types of criminal acts.
Fatal offences against the person: Murder, manslaughter
Non-fatal offences against the person: assault, ABH, GBH
Offences against property: Robbery, burglary
Sexual offences: Rape, indecent assault
Public order offences: Riot, violent disorder
Drug offences: Possession, possession with the intent to supply
What is Deviance?
A behaviour that goes against the dominant social norms of a specific group or society that causes a critical reaction or disproval.
What are Norms?
Norms are social expectations that guide behaviour and explain why people act the way that they do. Norms also check in
deviant behaviour.
What are moral codes?
Good ways of behaving. Breaking moral code would be considered serious in society. For example, murder.
What are values?
Rules shared by most people in a culture and is what people feel should happen. They are more general than guidelines.
What are some examples of Informal sanctions against deviance?
. Name calling
. Ignoring behaviour
. Labelling behaviour
. Grounding a child
What are some examples of Formal Sanctions against deviance?
. Fines
. Imprisonment
What are the three forms of deviance?
. Admired behaviour
. Odd behaviour
. Bad behaviour
What is admired behaviour in the form of deviance?
Deviance that is considered as good or admirable. E.g. putting yourself in danger to save another.
What is admired behaviour in the form of deviance?
Deviant by being odd or different form what is considered the social norm. For example, having an excessive number of cats
What is bad behaviour in the form of deviance?
Deviant because it is bad. E.g. Assaulting a pensioner