LO1 - crime v deviance and social construction Flashcards
values definition
general principles or guidelines for how we should live our lives
norms definition
specific rules or socially accepted standards
deviance definition
unusual and uncommon behaviour
formal sanctions for deviant behaviour
imposed by official bodies e.g police, courts and schools - punishment for breaking formal written rules or laws e.g fine
informal sanctions for deviant behaviour
used when rules are not formally written down - perhaps ‘unspoken’ rules - others show their disapproval by e.g not speaking to them
legal definition of criminal behaviour
any action that is forbidden by the law - for a court to consider an action as a crime the action must have 2 elements (acts reus - guilty act and mens rea - guilty mind) and must have bad intentions - however there are strict liabilities where the mens rea isn’t required and the act is enough - people may defend their action by saying it was self defence or mental health
social definition of criminal behaviour
not all harmful acts are crimes e.g pollution emissions from firms and not all crimes are harmful e.g illegal video streaming - public have different views on what are really crimes e.g going over the speed limit - not all criminal laws are enforced as they are low in priority - sometimes laws are changed to reflect changes in public opinions e.g stalking didn’t become a offence till the protection of freedoms act
2 main types of offences and definitions
summary offences = less serious offences e.g speeding
indictable offences = more serious offences e.g rape
court sanctions and definitions
custodial sentences = for serious offences e.g imprisonment - length of sentence varies and can be life
community sentences = includes probation or restrictions or unpaid work etc
fines = often for driving offences
discharges = a period where the offender cant commit an offence and if they do court can impose a sentence - either unconditional or absolute
non court sanctions and definitions
cautions = a warning for minor crimes - have to admit to the offence and agree to be cautioned or be arrested
conditional cautions = have to stick to certain rules e.g going for treatment for drug abuse
penalty notices = issued for minor crimes - have to pay a penalty or be taken to trial
laws that are different in different cultures
polygamy = having more than one wife or husband - legal in Himalayas and illegal in UK and is seen as committing crime of bigamy
adultery = a married person having a sexual act with someone else - legal in UK but illegal in most muslim countries and some christian countries
reasons why law (polygamy) varies between cultures
religion - Qur’an permits muslim men to take up to 4 wives and is seen in most muslim countries / not committing adultery in one of the 10 commandments in christianity, islam and judaism
tradition - traditionally practiced in some African countries
what laws have changed over time
homosexuality - homosexual acts where made crimes in 1885 however these acts with men over 21 became legalised in 1967
why has laws changed over time
campaigns - Homosexual Law Reform Society campaigned for legalisation of gay sex
human rights
laws that are different in different places
- possession of cannabis - illegal in UK but in Durham they dont prioritse it
- jay walking - an offence in USA but legal in UK and seen as a responsibility
- FGM illegal in UK but legal in parts of Africa
