Defining and measuring crime Flashcards
What is crime?
Criminal behaviour can be defined as an act that violates the criminal law.
Criminal law requires that there has been an act (actus rea – guilty act) against the person, property, or failing to act.
Also, for an act to be criminal needs to be carried out with criminal intent (mens rea – guilty mind)
Because what is and isn’t crime changes over time the crime is considered to be ‘socially constructed’
What are some ways to measure crime?
- Official crime police records
- Self-reported surveys (of ppl who have offended)
- International comperative data
- Local surveys (to report the criminal activity in your local area)
- Victimasation survey (asking ppl if they have been victims of crime)
How to define coercive control?
It is a behaviour in an intimate or family relationship which causes someone to fear that violence will be used against them on at least 2 occasions;
or causes them serious alarm or distress which has a substantial adverse effect on their usual day-to-day activities.
When did coercive control become part of the legal system?
In 2015! in Serious Crime Act
but does not work retrospectively :c
Issue: the verdict in court may be depending on a judge
The behaviour wish counts as coercive have to repeat (and proven to be repeated) at least 2 times to 1 time incidents are still considered “acceptable”.
How to define coercive control?
It is a behaviour in an intimate or family relationship which causes someone to fear that violence will be used against them on at least 2 occasions;
or causes them serious alarm or distress which has a substantial adverse effect on their usual day-to-day activities.
Gov. definition: it is an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim
What behaviour counts as coercive?
Isolating a person from their friends and family
Monitoring their time (online or irl)
Taking control over their everyday activities, where they can go, how long for, with whom.
Placing threats.
Financial abuse and control.
Errors with crime definition
All the ‘parts’ of the definition can be fulfilled but the person may not be of age to hold criminal responsibility
The state of mind can negate the responsibility (e.g. ID or Psychosis)
There can be a case of a crime but no criminal intent (manslaughter).
There can be an intent to commit a criminal act (on its own would be a criminal act but b.c. of circumstances it is not) but not deemed a crime (self-defence)
Issues with the defintion of crime
- Doesn’t mention why the act is criminal
- Not all phsyical acts are classified as crime in all contexts
- Depending on country different things can be ‘legal’ e.g. cannabis- illegal in the UK, legal in the USA or being gay
- Killing sb can be lawful (e.g. self-defence) or wars are ‘special cases’ allowing a crime
- The definition seems to be both the the foraml definition and the resposne to crime (circular definition)
- Separates the criminal process from social context
Social harm approach
- Approach to encompass behaviours bad for people across life-span
- Includes harm casued on a larger scope (e.g. by corporations)
- ‘Harmed comunity’ introduced
Defintion of harm
Damage to physical health, meantl/emotional health or finantial/econodmiacal harm, must ecomapss ‘cultural safety’
Issue with defintion of harm
Social harm is no more defining than crime;
it too lacks an ‘ontological reality’- so that the context and existance is not always falling under different categories.
Breif history of mearusing crime
First Crime statisitc of England and Wales published in 1897
Maguire (2012) reports that there has been explosure in data about criminal behaviour.
3 types of police records
- Records of indictable (karalne) offences e.g. murder, menslaughter, rape, robbery [can only be tried by a Jury at Crown Court]
- Summery offences (minor criminal offences): can only be trield by Magistrates
- Offences triable either way: go to either court initially seen by Magistrate who decides which way things go
What typs of police recorded data are reported?
The majority are the indictable crimes and the ones which can go either way, few summery offences.
Statistical records are limited to crimes deemd notifiable offences.
Info recorded is sex and age.
What influences a crime to be included in the stat?
- The act is perceived as criminal
- The crime is reported
- The police decided about it being criminal