Criminology - Mr Jordan Flashcards
What are values?
General principles for how we should live our lives. They tell us what’s right/wrong, good/bad. Some are universal, some are specific to societies.
What are norms?
The specific rule or socially accepted standards that govern people’s behaviour in particular situations.
What are moral codes?
A basic set of rules, values and principles held by an individual, group, organisation or society as a whole.
What is social control?
Means by which society tries to ensure that it’s members behave as others expect them to. This is done through formal/informal sanctions.
What is the Police Code of Ethics?
fairness, respect, accountability, integrity, leadership, selflessness, honest, openness, objectivity
What are formal sanctions?
Penalties laid down by the law that can be imposed on those convicted of a crime. These sanctions vary according to the severity of a crime. Sanctions can be imposed by courts or the police depending on the offence.
What are informal sanctions?
They’re used when the rules aren’t formally written down and are perhaps unspoken. They’re used to show disapproval in some way.
What are examples of formal sanctions?
fines, prison sentence, community service
What are examples of informal sanctions?
frowning upon behaviour, name calling, ignoring, labelling, laughing/shaming
What are examples of court sanctions?
custodial sentences, community sentences, financial penalties, conditional discharge
What are some of the main categories of an indictable offence?
violence against the person, sexual offences, offences against property, fraud and forgery, criminal damage, drug offences, public order offences
What are custodial sentences?
Using imprisonment or detention in a young offenders institution to punish serious offences. The length of these sentences varies from days to life. Prisoners serving life can apply for parole after 15 years but courts can impose a longer minimum sentence in serious cases.
What are community sentences?
They include probation orders, restrictions (curfews), attendance on anger management courses, mandatory drug testing and treatment orders and community payback (unpaid working in the community)
What are fines?
Fines (financial penalties) - the size depends on the seriousness of the offence, whether it’s a repeat offence and the offender’s ability to pay. Offenders may be allowed to pay in instalments.
What is conditional discharge?
Conditional discharge involves the offender committing no further offence for a given period. If an offence is committed during this time the court can impose a sentence for the original offence as well as the new one.
What is unconditional or absolute discharge?
This is granted by the court when the defendant is technically guilty but punishment would be inappropriate. It’s not classed as a conviction.
What are examples of police sanctions?
cautions, conditional cautions, penalty notices for disorder
- these are used by the police in the case of minor offences to sanction offenders without going to court
What are cautions?
Warnings given by the police or Crown Prosecution Service to anyone 10 or over for minor crimes. They’re intended for low-level, first-time offending. You must admit to the offence and agree to be cautioned.
What are conditional cautions?
This is when you have to stick to certain rules and restrictions (e.g. going for treatment for drug abuse). If the conditions are broken you may be charged with a crime.
What are penalty notices for disorder?
They can be issued for minor crimes (e.g. shoplifting or possession of drugs). If the penalty is paid you won’t get a conviction. If you disagree with the penalty notice you can go to trial.
What are other implications of committing a criminal act except from punishment imposed by the court and receiving a criminal record?
exclusion from certain occupations, placed on the Violent and Sex offenders Register, banned from travelling to certain countries or require special visas, restrictions on adoption/jury service/standing for elected office. They may have to declare unspent convictions when obtaining insurance.
What is deviance and how can it be unusual?
Deviance is any behaviour that goes against social norms.
- unusual and good
- unusual and bizarre
- unusual and disapproved of
What are positive sanctions?
Rewards for behaviour that society approves of e.g. medals, praise. They can be formal or informal.
What is the definition for criminal behaviour?
A form of deviance that involves serious/harmful acts that are wrong against society. These acts are regarded as so disruptive that the state must intervene on behalf of society to forbid and punish them.
What is the legal definition of criminal behaviour?
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
What’s mens rea and actus reus?
mens rea - guilty mind
actus reus - guilty act
What is strict liability?
Mens rea isn’t required as the wrongful act is enough on its own to convict someone.
What is self defence?
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.
What is a summary offence?
Less serious offences. They are tried by magistrates.
What is an indictable offence?
More serious offences. They are tried in a crown court before a judge and jury. The sentences that can be imposed are more severe.
What is the social construction of criminality?
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.
What is culture?
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.
What are reasons laws and what’s considered a crime varies between cultures?
religious beliefs, different norms/values, tradition, public opinion, the status of different groups of people within a culture
What is the definition of polygamy?
-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
Where is polygamy legal?
-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
Where is polygamy a crime?
-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.
What are the reasons why the law around polygamy varies between cultures?
- 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
What is the definition of adultery?
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.
Where is adultery a crime?
- 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
Where is adultery legal?
- most countries
- Uk
- ceased to be a crime in India in 2018
What are the reasons why laws around adultery vary between cultures?
- 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
Where is homosexuality legal?
- UK
- Europe
- North and South America
- Indonesia
Where is homosexuality a crime?
- 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
What are the reasons why laws around homosexuality vary between cultures?
- 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
Where is possession/supply of cannabis a crime?
- 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
Where is possession/supply of cannabis legal?
- some places have legalised possession for personal recreational or medical use.
- reclassified as a misdemeanour or minor offence
- offender receives a warning
What are the reasons why laws around cannabis vary between cultures?
- 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
How were children viewed in the past?
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.
How are children viewed now?
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.
Why has there been changes in the law regarding children?
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.
What has changed within laws excluding children from paid work?
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.
What has changed within laws regarding compulsory schooling for children?
In 1880 a basic education was ensured for all. This had the effect of keeping children out of paid work.
What has changed within child protection and welfare legislation?
2004 Children Act made the child’s welfare the fundamental principle underpinning the work of agencies such as social services.
What has changed regarding children’s rights?
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.
What has changed within laws and policies that only apply to children?
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.
Considering physical punishment, in British history how were criminals punished?
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
How has the law changed regarding physical punishment overtime?
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.
What are the reasons for the changes in physical punishment overtime?
-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.
What are moral panics?
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.
What are typifications?
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.
What are situational factors?
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.
Define the age of criminal responsibility and the logic behind it.
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.
What is the age of criminal responsibility in England, Wales and Northern Island and how does this number compare to Europe?
10 - no other country in Europe has a lower age of criminal responsibility
What is the age of criminal responsibility in Scotland?
12
What are youth courts?
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.
What are the 3 special defences contained in the Homicide Act 1957?
- diminished responsibility
- loss of control
- automatism
Why does the Homicide Act 1957 exist?
Solely for the offence of murder where the defendant can plead not guilty despite having killed someone.
Define diminished responsibility
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.
Define loss of control
This is a partial defence that may reduce the offence to manslaughter.
Define automatism
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.
