LO1 unit 2 Flashcards
What are summary offences
Less serious offences such as speeding these are tried by magistrates
Indictictable offences
More serious such as murder these are tried in a crown court by a judge and jury
How are laws applied differently according to circumstances in which they occur
Differential enforcement of law
Age of criminal responsibility
Homicide
Summary of differential enforcement of law
Moral panics about certain crimes and situations in which they occur can lead to offenders being treated more harshly by courts
Such as london riots 2011
Mods and rockers in the 1960s
Did it to teach young people a lesson and to deter others
Summary of Age of criminal responsibility
Two people may commit the same criminal act but will be treated differently if one of them is below the age of criminal responsibility
Children below a certain age are unable to fully understand the act they have committed and so it cannot be held repo sible the same way
England its 10
Homicide summary
Where the defendant can plead not guilty despite having killed someone
diminished responsibility- if a defendant can show their mental condition reduced their ability to understand what they were doing
Loss of control- partial defence that may reduce manslaughter
Automatism- crime must be a voluntary act if they can show it was involuntary
Examples of deviant acts
Shouting a library (bad)
Pushing in queues(bad)
Not wearing black to a funeral (bad)
Speaking to trees(weird)
Saving a life(good)
Examples of criminal acts that arent deviant
Not paying tv license
Downloading illegal music
Formal sanctions
Non court- cautions, conditional cautions, penalty notices
Court- custodial sentences, community services, fines
What is social constructions
Refers to something that has been made or defined by society, rather than occurring naturally
How has homosexuality changed overtime?
1885-Homosexual axts between men were made a crime maximum life sentence
1967-sexual offences Act saw homosexual acts between males age 21 or over were legalised
2000- lowered the age to 16
2013- Marriage of same sex couples was passed
Why did homosexuality change overtime?
Campaigns- Stonewall, Homosexual Law Reform Society
Politician -Ray jenkins
Wolfenden report- 1957 report with evidence feom gays police psychiatrists
Where is possession of cannabis legal?
Some places have legalised possesion for personal recreational or medical use
Portugal has decriminilised it
Where is possesion of cannabis a crime?
Uk possesion can be punished with up to 5 years imprisonment and supply up to 14 years
Why does possession of cannabis law vary between place?
Norms and values- societies with greater emphasis on individual freedom may see drug use as an individuals right
Some lawmakers take the view to prevent drugs causing harm is by imposing tougher penalties
Where FGM legal?
Still practiced in about 30 countries across Africa Asia and the middle east
Where is FGM a crime?
Many countries including the Uk. This is due to the painful nature of the operation and health implications associated with it.
Why does FGM law vary between cultures?
Cultural- believes it will benefit the girl and preserve her virginity ready for marriage
Some countries its a social norm
Not purely religious
What do judges and magistrates consider when sentencing a crime?
If the punishment fits the crime so
-how serious the crime is
-the harm
-level of blame
-If they admit or not
What are the main four types of sentencing?
-Prison
-Community service
-Fines
-Discharge
Why is prison used as a punishment?
When a crime is so serious or an offenders record is so bad
What do community sentences include?
40-300 hours of demanding unpaid work and treatment centres
What determines the level of a fine?
-The seriousness of the offence
-How much money the offender has
What is discharge?
-used for least serious offences and theres no real punishment
-believe going to court is punishment enough
What are norms?
Social norms are the accepted way of behaving
Moral codes (mores)
Morals or good ways of behaving. Breaking a moral code would be generally be considered serious in society
Values
The principles (rules) shared by most in society. They are more general guidelines than norms
What is the legal definition of crime?
An action that violates/breaks the law
Has an actus reas (guilty act) mens rea (guilty mind)
Whats the social definition of crime?
Suggests that act is only labeled as a crime if society decides that the act is criminal. Focuses predominantly on social reaction
What is deviancy
Going against/ differeing from social norms
