LO1 unit 2 Flashcards

1
Q

What are summary offences

A

Less serious offences such as speeding these are tried by magistrates

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2
Q

Indictictable offences

A

More serious such as murder these are tried in a crown court by a judge and jury

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3
Q

How are laws applied differently according to circumstances in which they occur

A

Differential enforcement of law
Age of criminal responsibility
Homicide

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4
Q

Summary of differential enforcement of law

A

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

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5
Q

Summary of Age of criminal responsibility

A

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

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6
Q

Homicide summary

A

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

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7
Q

Examples of deviant acts

A

Shouting a library (bad)
Pushing in queues(bad)
Not wearing black to a funeral (bad)
Speaking to trees(weird)
Saving a life(good)

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8
Q

Examples of criminal acts that arent deviant

A

Not paying tv license
Downloading illegal music

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9
Q

Formal sanctions

A

Non court- cautions, conditional cautions, penalty notices

Court- custodial sentences, community services, fines

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10
Q

What is social constructions

A

Refers to something that has been made or defined by society, rather than occurring naturally

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11
Q

How has homosexuality changed overtime?

A

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

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12
Q

Why did homosexuality change overtime?

A

Campaigns- Stonewall, Homosexual Law Reform Society

Politician -Ray jenkins

Wolfenden report- 1957 report with evidence feom gays police psychiatrists

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13
Q

Where is possession of cannabis legal?

A

Some places have legalised possesion for personal recreational or medical use

Portugal has decriminilised it

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14
Q

Where is possesion of cannabis a crime?

A

Uk possesion can be punished with up to 5 years imprisonment and supply up to 14 years

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15
Q

Why does possession of cannabis law vary between place?

A

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

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16
Q

Where FGM legal?

A

Still practiced in about 30 countries across Africa Asia and the middle east

17
Q

Where is FGM a crime?

A

Many countries including the Uk. This is due to the painful nature of the operation and health implications associated with it.

18
Q

Why does FGM law vary between cultures?

A

Cultural- believes it will benefit the girl and preserve her virginity ready for marriage

Some countries its a social norm

Not purely religious

19
Q

What do judges and magistrates consider when sentencing a crime?

A

If the punishment fits the crime so

-how serious the crime is
-the harm
-level of blame
-If they admit or not

20
Q

What are the main four types of sentencing?

A

-Prison
-Community service
-Fines
-Discharge

21
Q

Why is prison used as a punishment?

A

When a crime is so serious or an offenders record is so bad

22
Q

What do community sentences include?

A

40-300 hours of demanding unpaid work and treatment centres

23
Q

What determines the level of a fine?

A

-The seriousness of the offence
-How much money the offender has

24
Q

What is discharge?

A

-used for least serious offences and theres no real punishment
-believe going to court is punishment enough

25
Q

What are norms?

A

Social norms are the accepted way of behaving

26
Q

Moral codes (mores)

A

Morals or good ways of behaving. Breaking a moral code would be generally be considered serious in society

27
Q

Values

A

The principles (rules) shared by most in society. They are more general guidelines than norms

28
Q

What is the legal definition of crime?

A

An action that violates/breaks the law
Has an actus reas (guilty act) mens rea (guilty mind)

29
Q

Whats the social definition of crime?

A

Suggests that act is only labeled as a crime if society decides that the act is criminal. Focuses predominantly on social reaction

30
Q

What is deviancy

A

Going against/ differeing from social norms