criminal behaviour Flashcards
define criminal behaviour
behaviour which is against the law and can result in formal sanctions such as prison. this includes crimes such as murder or rape
legal definition of criminal behaviour
crimes in the UK are usually under the, actus Reus (guilty act) and mens rea (guilty mind) - both are needed to secure a conviction in order for innocent people to not be wrongfully charged - some offences only need proof of the guilty act such as speeding
social definition of criminal behaviour
most but not all crimes are also seen as deviant - example: murder is both criminal and deviant whereas going above the speed limit is seen as against the law however a majority of people in society do this so they do not see it as a deviant act.
alternatively some legal practices such as pollution are seen as deviant and are viewed as socially wrong so things like businesses avoid doing it
variety of criminal acts
severity/seriousness of the offence
(define summary offences, indictable offences)
‘summary offences’ - less serious crimes such as speeding and assault - dealt with by magistrates where they have limited power of sentencing
‘indictable offences’ - more serious offences such as rape or murder - dealt with at crown court with a senior judge and a jury of 12 randomly selected citizens - sentenced by judge
what are some variety of criminal acts
subject matter of the offence - classifying offences
- non fatal offences against the person eg. ABH GBH
- fatal offence against a person e.g. murder, manslaughter
- sexual offences e.g. rape, sex trafficking, grooming
- offences against a property e.g. theft, burglary, robbery
- drug offence e.g. possession of a controlled drug, possession with intent to supply
- public order offences e.g. riot, affray, violent disorder
formal sanctions against criminals
court sanctions
custodial sentences
what kind of sentences are these
most serious form of sanction - can mean prison or a young offenders institution - length of sentence can vary from days to decades and in the case of murder the offender must serve a mandatory life sentence of imprisonment - indefinite sentences can be imposed if offender is in danger to public - release is based on the opinion of parole board
formal sanctions against criminals
court sanctions
community sentences
where are they served and what do they include
served in wider community instead of in prison - examples are probation orders, restrictions such as curfews (with tagging), anger management courses, drug treatment and testing courses, and unpaid work in the community
formal sanctions against criminals
court sanctions
fines
financial penalties - size of fine depends of seriousness of crime, previous convictions and the ability to pay - may be asked to pay in instalments
formal sanctions against criminals
court sanctions
discharge
what are the different types of discharge
absolute and conditional definitions
‘absolute discharge’ - a person is technically found guilty of an offence but there’s no consequence - not considered a conviction - ‘conditional discharge’ - the offender must not commit further offences in a given period - if they do they face a more severe sentence
formal sanctions against criminals
police sanctions
police sometimes issue sanctions without the need for court proceedings
whats a conditional caution
when an offender must meet certain requirements such as attending drug treatment and testing courses and failure to fail these requirements will result in a criminal conviction for the offence
what’s a police caution
a warning that can be given to anyone over the age of 10 for minor offences such as graffiti - used for low level first time offenders
