criminology unit 2 Flashcards
what is the social definition of CRIME
a label from social interaction or a wrong against a community
if society deems a action/behaviour as a crime
e.g Having a relationship with a 14 year-old, whereas the United Kingdom may deem this as a criminal offence, it is seen as normal in regions such as Bangladesh to be a child bride
what is the legal definition of CRIME
Sutherland:behaviour which is prohibited by the state as an injury to the state and against the states legal system
Any behaviour which breaks the law and can be punished by the state and or legal system
e.g. theft,fraud, and murder
What two elements should Crime have
Actus reas: guilty act
Menus rea: guilty mind
What are the formal sanctions against crime? non-court sanctions
non-court sanctions :
-given by the police due to minor crimes e.g. Graffiti
-admitting to an offence and agree to be cautioned or you could be arrested
Conditional caution:
given by the police
such as : restrictions or certain rules e.g. rehab or therapy
Penalty notices:
given for offences such as possession of cannabis
can only be given a penalty notice if you are 18 or over
what are court sanctions? for crime
custodial sentences: immediately sent to prison, mandatory and discretionary life sentences and fixed term and indeterminate prison sentences
community sentences:
a combinations order including unpaid work and probation
Fines: financial penalties do depends on seriousness and circumstances
Discharge : conditional or absolute
Conditional: defendant reoffends during a set of periods the court has given absolute is when no penalty is imposed as they are guilty but morally blameless
Variety of criminal acts
Fatal offences: against a person such a murder and manslaughter
Non-fatal: offences against the person such as assault and battery
Offences against property such as theft and robbery
Sexual offences: such as rape
Public order offence : such as rioting
Drug offences: where someone has possession of a controlled drug or intent to supply
What is deviance
behavior that goes against the dominant social norms of a specific group or society which causes disapproval
Downes and Rock def:
deviance may be considered as banned or controlled behavior which is likely to attract punishment or disoproval depending on the situation and or culture , as it varies on acceptance of the act, it isnt always criminal behaviour
norms, moral codes and values
Norms:
social expectations that guide behaviour and explain why people act in the way they do
vary from culture to culture such as in the UK we wear black to a funeral, however in China they wear white.
Moral codes:
morals are good ways of behaving breaking these would be considered as serious in society
values:
rules shared by most people in a given culture
what are the informal and formal sanctions against deviance
informal:
frowning upon behavior
name calling
ignoring behavior
labeling behavior
grounding
Formal:
fines
imprisonment
what are the forms of deviance
amired: behavior such as saving a life whilst puting yours at risk
odd: behaviour such as living with an exessive amount of cats
bad: behaviour such as assulting a pensioner
Some acts are classified as criminal and not deviant
some are deviant and not criminal
and some are evn both
What is a social construction
a concept of perception of something based on a collective view of people within society or social group
understand the thing from our own societies perception from Uk perception of crime and laws change
-culture to culture
-overtime
according to circumstances in which they occur
according to place,time and culture
How do laws change from culture to culture, give examples
Homosexuality:
Def: sexual relationships between a married person and another that is not their spouse
Not considered a criminal offence but may have legal consequence in divorce proceedings
it is legal in the Uk and other european countries
it is illegal in countries governed by islamic law such as Saudi Arabia and Pakistan
almost half of the states in the USA consider it as a crime but only as a mismideamer
reasoning:
religion because the bible states that adultery is a sin
could also relate to the state of a woman as they owned by husbands
some politicians may not wish to be seen as opposing moral laws so may be reluctant to revoke them
Honour crimes:
Def: crimes where victims are accused of bringing shame upon their families actions involved are crimes such as FGM and murder
It is legal in places such as South Asia and middle eastern families
it is illegal in the Uk , Europe , USA and Pakistan
thought to have originated from tribal customs , where an allegation against a woman can damage her reputation
justify their actions through religious grounds
Homosexuality:
Def : involving or characteristic by sexual attraction between people of the same sex
once it was illegal but was partially decriminlised in 1967 with the age of consent act set to 21 lowered to 18 then to 16
it is legal in the UK,Europe USA and Canada
it is illegal in India Saudi Arabia , Iran and Yemen
reasoning:
religion is a major reason as the bible states that homosexuality is a sin
in some cultures it is seen as more of a taboo and something against the norm, resulting in prejudice
How laws change over time, give examples
Capital punishment
Def: the practice of executing someone as punishment
In the 18th century there were over 200 offences that it could be applied to
Laws were made to protect the rich and their property so the poor were viewed as lazy and agents of their own misfortune
Ruth Ellis was the last woman to be hanged in the Uk in July
They ablolished beheading in 1973 but kepy hanging until 1998
