Criminology - Mr Jordan Flashcards

Question

What is the legal definition of criminal behaviour?

Answer 1

Any action that is forbidden by the criminal law. For a court to consider a defendants action to be a crime, the action must normally have 2 elements : - actus reus - mens rea

Answer 2

mens rea - guilty mind actus reus - guilty act

Answer 3

Mens rea isn't required as the wrongful act is enough on its own to convict someone.

Answer 4

Assaulting someone (actus reus) with the deliberate intention to harm them (mens rea) is usually a criminal act. However if done in self-defence it's not a crime as long as the force used was reasonable in the situation.

Answer 5

Less serious offences. They are tried by magistrates.

Answer 6

More serious offences. They are tried in a crown court before a judge and jury. The sentences that can be imposed are more severe.

Answer 7

It refers to something that's been made or defined by society, rather than occurring naturally. What counts as criminality is which ever acts a society defines as criminal. Historical and cross-cultural evidence shows that what's classed as criminal/deviant can change over time and vary between cultures.

Answer 8

It includes the social behaviour and norms in human societies. It's the shared values, beliefs, customs and traditions of a specific group of people.

Answer 9

religious beliefs, different norms/values, tradition, public opinion, the status of different groups of people within a culture

Answer 10

-practice of having more than one wife/husband at the same time. Two forms: -polygyny = where a man may take two or more wives -polyandry = where a woman may take two or more husbands

Answer 11

-58 countries (most muslim-majority countries) -in 5 multi-cultural societies (India, Malaysia, Philippines, Singapore, Sri Lanka) the law permits polygamous marriages but for muslims only

Answer 12

-most countries -Turkey and Tunisia (muslim countries) -in the UK anyone who goes through a marriage ceremony whilst already married is committing a crime of bigamy which is punishable by up to 7 years imprisonment , a fine or both.

Answer 13

- religion = the qur'an permits muslim men to take up to 4 wives which is reflected in laws of most muslim-majority countries - in the USA the mormon church practiced polygamy until 1890and it continues to be practiced illegally - tradition = has been traditionally practiced in some african societies although recently declining sharply

Answer 14

A sexual act between two people, one or both of them being married to another person. What counts as a 'sexual act' may vary between cultures or states.

Answer 15

- most muslim-majority countries -several christian-majority countries in Africa - Philippines - Taiwan - 21 US states - punishment varies from stoning to death, to caning, to a fine

Answer 16

- most countries - Uk - ceased to be a crime in India in 2018

Answer 17

- religion = most condemn it. not committing adultery is one of the 10 commandments shared by christianity, judaism and islam. adultery has often been made a crime in countries where law-making is influenced by religion - the position of women = laws against adultery are often found in societies where women occupy a very subordinate position

Answer 18

- UK - Europe - North and South America - Indonesia

Answer 19

- male = 72 countries - female = 45 countries - 6 countries = conviction can result in death penalty - some countries (e.g. Russia) ban its promotion but don't criminalise it - many countries that don't criminalise it don't allow same-sex couples to marry or adopt

Answer 20

- religion = many have traditionally condemned it (christianity, islam, judaism). more likely to be a crime in countries where religion has a strong influence over law-making - public opinion = high levels of support have been shown for bans on homosexuality in some countries (e.g 95% people in Egypt believe it should be rejected) - sexism = male homosexuality is a crime in more countries than lesbianism which may be due to assumptions by male lawmakers that women are incapable of same-sex attraction

Answer 21

- Uk possession is punishable with up to 5 years of imprisonment and supply with 14. sentences typically much lighter and possession often is a fine or a discharge. - many European countries have similar laws

Answer 22

- some places have legalised possession for personal recreational or medical use. - reclassified as a misdemeanour or minor offence - offender receives a warning

Answer 23

- different norms and values = societies with a greater emphasis on individual freedoms may see drug use as victimless or as an individuals right to do as they wish with their body - different ideas about how best to control drug use = lawmakers in some societies believe it's best to prevent drugs causing harm by taking a tough stance to deter their use (severe criminal penalties). lawmakers in other societies see legislation or decriminalisation as a way to take cannabis out of the hands of criminal suppliers and to reduce harm by enabling users to get help

Answer 24

The historian Philippe Aries argues that until the 13th century the idea of childhood didn't exist. This is because children were put to work from an early age and had the same rights and duties as everyone else. The law often made no distinction between adults and children. They could even face the same severe punishments as adults.

Answer 25

Childhood is now viewed as a separate stage in life as society has become more child-centred.Childhood is considered a special time of happiness (best time of our lives). Children are seen as vulnerable, innocent and in need of protection and nurturing. Parents invest time into their children emotionally and financially. The state takes a great interest in children's wellbeing so they are essentially kept safe from the adult world and its dangers.

Answer 26

There's growing concern for children and their welfare so laws have been changed over the last two centuries. This reflects how societies views of childhood have changed overtime.

Answer 27

In the 19th century children as young as 6 were widely used in cotton mills, coal mines and other industries. A series of Factory Acts gradually excluded children from the workplace.

Answer 28

In 1880 a basic education was ensured for all. This had the effect of keeping children out of paid work.

Answer 29

2004 Children Act made the child's welfare the fundamental principle underpinning the work of agencies such as social services.

Answer 30

The Children Act defines parents as having responsibilities rather than rights in relation to children. Whereas the United Nations Convention on the rights of the child (1989) lays down basic rights such as entitlement to healthcare and education, protection from abuse and the right to participate in decisions that affect them e.g. custody cases.

Answer 31

Minimum ages for a wide range of activities e.g. sex, smoking. This reinforces the idea that children are different from adults so different rules must be applied to their behaviour.

Answer 32

capital punishment - execution by hanging, for murder and also less serious crimes e.g. The 1723 Black Act made over 50 offences of theft and poaching into capital crimes corporal punishment - includes flogging, birching (caning), branding with hot irons, being put in the stocks

Answer 33

The number of offences carrying the death penalty was reduced for only murder and treason. Capital punishment was abolished in Britain in 1965. Corporal punishment has gradually disappeared e.g flogging in the armed forces was abolished in 1881 and and corporal punishment of offenders was abolished in 1967.

Answer 34

-nothing can be done to correct miscarriage of justice, where a person executed is later proven innocent -the death penalty isn't a deterrent. most murders are committed without thinking of the consequences -writers argue that changes in the law are the result of a long-term decline in violence. Norbert elias argues society has undergone a civilising process over the last 500 years. Physical punishment to control behaviour has been replaced by self-control. society has moved away from the idea of physical violence shown by the disappearance of bear-bating, public executions etc.

Answer 35

People convicted of relatively minor offences committed during the London riots 2011 (e.g. theft) were more likely to receive custodial sentences than similar cases committed under normal conditions. Likewise the courts imposed more severe sentences on youths convicted of offences during the moral panic over mods and rockers1960s. The stiffer sentences were often handed down to teach young people a lesson and to deter others.

Answer 36

Cicourel argues that police hold ideas about what a typical criminal is like e.g. the working class are more likely to be found suspicious over the middle class therefore resulting in more arrests of working class people. Chambliss studied a group of working class youths 'roughnecks' and a group of middle class youths 'saints'. He found that even when both groups committed the same offence the police enforced the law more strongly against the roughnecks.

Answer 37

class, ethnicity, age, attitude towards officer, place, time of day/night. Piliavin and Briar found that these factors play a large part in an officer's decision to stop or arrest someone. Therefore two different individuals can commit the same offence but one's more likely to be arrested.

Answer 38

The age below which a child is deemed not to have the capacity to commit a crime. The logic behind this is that children below a certain age can't understand the full meaning of the act they've committed so can't be held responsible in the same way.

Answer 39

10 - no other country in Europe has a lower age of criminal responsibility

Answer 40

Special magistrates courts that hear cases involving people aged 10-17. They're less formal: defendants are called by their first name and members of the public usually aren't allowed in. The court can't send anyone to prison but can impose sentences including a detention and training order carried out in a secure centre.

Answer 41

- diminished responsibility - loss of control - automatism

Answer 42

Solely for the offence of murder where the defendant can plead not guilty despite having killed someone.

Answer 43

If a defendant can show that their mental condition substantially reduced their ability to understand what they were doing or form a rational judgement. This reduces the conviction to manslaughter.

Answer 44

This is a partial defence that may reduce the offence to manslaughter.

Answer 45

A crime must be a voluntary act - the defendant must have consciously chosen to commit it. If they can show it was involuntary they can plead the defence of automatism.