Criminology unit 2 Flashcards
What are values ?
General principles or guidelines for how we should live our lives. They tell us what is right and wrong.
What are norms ?
Specific rules or socially accepted standards that govern people’s behaviour in particular situations. Linked to societies values.
What is a moral code and example ?
Used to describe a set of basic rules, values, and principles held by an individual, group, organisation or society as a whole.
Example - Police Code of Ethics - respect
What does criminal mean ?
An action that breaks a written formal rule in society, to break the law by the action having two elements - actus reus (guilty act) and mens rea (guilty mind).
Actus reus - physical action
Mens reus - A state of mind to commit a crime
What does deviant mean ?
A behaviour/ action that does not conform to the main rules of society (disapproved of)
What are the two exceptions to defining a crime ?
Strict liability - Sometimes the wrongful act is enough to convict, even if the act wasn’t premediated ( mens reus)
Self defence - Not a crime as long as the force used was reasonable
What are examples of criminal, deviant and criminal/deviant behaviour ?
Criminal - murder
Deviant - swearing
Criminal/Deviant - rape
What are the issues with the legal definition of crime ?
Differing views - public may have a different perception than the legal definition of what is a crime, example - users of soft drugs don’t view themselves as criminal
Law enforcement - some laws aren’t enforced, not a priority for the police, crimes that are complex costly and time consuming i.e. white collar less likely to be investigated
Law making - not all acts people think should be crimes have laws made against them, dependent on who is influencing law makers, laws changed to reflect public legalisation of homosexual marriage 2013
What are the sanctions for deviance ?
Formal - schools excluding pupils for bullying or courts fining individuals for theft
Informal - people telling others off or refusing to speak to them
What are sanctions against criminals ?
Court sanctions, Community sentences, Financial penalties, Discharges, Cautions
What are the implications of committing a crime ?
Punishment by the courts and receiving a criminal record
Exclusion from certain jobs
Placed on the Violent and Sex Offenders Register
What is social construction ?
Newburn (2007) - suggests that crime is basically a label that is attached to certain forms of behaviour which are prohibited by the state, no act in itself is criminal, an act only becomes a crime when it is labelled as ‘crime’.
What are examples of laws that differ from culture to culture ?
Polygamy - legal in 58 countries, majority Muslim, however some Muslim countries restrict i.e. Türkiye, bigamy UK 7 year imprisonment
Why difference ? religion - Qur’an permits men to take up to four wives, Tradition - some African Communities
Adultery - Legal in UK, Many Muslim majority countries consider it criminal, Punishment in Indonesia can be stoning or caning
Why ? Religion - ten commandments against adultery, tradition - laws against in patriarchal societies
Cannabis - Sale legal in Canada, UK possession 5 years prison, supplying 14 years prison
Difference ? Norms and values- societies with a greater emphasises on ind. freedoms may see drug use as victimless or they have right to do what they want with their body, ideas on control of usage - some countries see cannabis as a gateway drug
How do laws change over time ?
Laws relating to children - 1800s children work as young as six, factory act exclude children from working, schooling compulsory 1800s and children’s act (2004) welfare important
Change ? Social construction of childhood, fundamental rights of children
Physical punishment - Capital punishment (execution) still exists but is illegal in the UK since 1965, Coropal Punishment illegal in UK since 1967
Homosexuality - Made a crime in 1885, leaglised in 1967 for males aged 21+, age of consent was reduced to 18 in 1994 and 2000 to 16
Change ? Human rights - concerns with equality - with the state having no right to control citizens private lives, campaigns - stonewall and campaign for homosexual equality equalised age of consent.
How laws change due to circumstance ?
Biological theories - Lombroso
Physical features of criminals differ from those of non criminals
Lombroso argued that criminals were physically different from non criminals, spent years measuring and recording details of the faces of prisoners
A male with four or more of these physical features was born ‘criminal’ - Asymmetry of the face or head, large monkey like ears, large lips, long arms
Criminals - atavistic (reverting to an ancestral trait) , savages, uable to control impulses
Evaluation of Lombroso
+ Lombroso was the first person to study crime scientifically, using objective measurements to gather evidence
- LOmbroso failed to compare his findings on prisoners with a control group of non prisoners
- ‘primitive savages’, Lombroso equates non western societies with criminals, form of racism
Biological theories - Sheldon
Certain ‘somatotypes’ are linked to criminal behaviour
Conducted research examining 4,000 photographs of men - college students and delinquents and found 3 body types
Rating them on scale of 1 to 7 on resemblence to mesomorphy
Endomorphic - (fat and soft) tend to be sociable and relaxed
Ectomorphic - (thin and fragile) are introverted and restrained
Mesomorphic ( muscular and hard) aggressive and adventurous
many convicts were mesomorphic, least likely to be ectomorphic