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criminology > mrs west unit 2 - done > Flashcards

mrs west unit 2 - done Flashcards

1
Q

define formal sanctions against crime

A

Punishments for breaking formal written rules or laws given by official bodies such as the government

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2
Q

who are formal sanctions imposed by?

A

official bodies such as the government or police

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3
Q

give an example of a formal sanction

A

a fine for theft, exclusion from school for bullying

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4
Q

what are informal sanctions?

A

given when an act breaks a rule thats not formally written down or is perhaps unspoken

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5
Q

give an example of how an informal sanction may be shown?

A

refusing to speak to them, telling them off

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6
Q

sanctions are forms of…

A

social control

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7
Q

Sanctions can be positive, they are generally a reward for behaviour that society approves of, give an example of a positive sanction

A

a medal for bravery or from a sporting achievemnt, praise from a parent or teacher

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8
Q

what is the legal definition of criminal behaviour?

A

Any action that is forbidden by the criminal law

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9
Q

what is the social definition of criminal behaviour?

A

Crimes are acts that break a set of norms

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10
Q

For a court to consider a defendant’s actions to be a crime, the action must have two elements, what are they?

A

Actus reus – which is Latin for a guilty act
Mens rea – meaning a guilty mind

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11
Q

crime as a concept is….

A

socially constructed

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12
Q

what does crime being a socially constructed idea mean in terms of the social definition of crime?

A

it means that what people consider to be a crime differs, some may consider smoking cannabis a crime but others may see it as normal behaviour

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13
Q

what does mens rea mean?

A

a guilty mind

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14
Q

give an example of deviance that is unusual and good

A

running into a burning building to save someones life

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15
Q

give an example of deviant behaviour that is unusual and eccentric or bizarre

A

owning 40 cats or keeping curtains and blinds closed in the day

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16
Q

give an example of deviant behaviour that is unusual and bad or disapproved of

A

physically attacking somebody for no reason

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17
Q

Assaulting someone with the deliberate intention to harm them is usually a criminal act unless what?

A

it was done in self defence

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18
Q

if an attack was done in self defence, what has to apply for it not to be a crime?

A

the force used to defend themselves has to be reasonable

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19
Q

Mens rea (guilty mind) is not always required, the wrongful act on its own can be enough to secure a conviction - explain what this means

A

it means that even if the person responsible did not intend to harm, they are still liable

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20
Q

give an example of a situation where mens rea may not be present but the person is still liable

A

a factor owner is liable if he fails to safeguard dangerous machinery that injures someone – even if he did not intend to harm them

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21
Q

what offences are punsished with custodial sentances?

A

serious offences

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22
Q

what are custodial sentances?

where are they served

A

sentances served in a prison or young offenders institution

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23
Q

what are community sentances?

where are they served

A

they are served in the community rather than jail

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24
Q

name at least 2 restrictions a community sentance may include

A

curfews, attendance on anger management courses, mandatory drug testing and treatment orders and community payback

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25
Q

what are police cautions?

A

Cautions are warnings that can be given by the police or CPS to anyone aged 10 or over for minor crimes such as graffiti

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26
Q

what is a conditional caution?

A

Conditional cautions mean you have to stick to certain rules and restrictions, such as going to treatment for drug abuse

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27
Q

what are penalty notices?

A

Penalty notices for disorder can be issued for minor crimes such as shoplifting or possession of cannabis

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28
Q

if you pay the penalty for the penalty conviction…

A

you will not get a conviction

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29
Q

name at least 2 other implifications of a criminal offence

A
  1. exclusion from certain occupations eg working with children
  2. may be placed on the sex offender register
  3. may be banned from certain places or require a special visa
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30
Q

what is polygamy?

A

The practice of having more than one wife/husband at the same time

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31
Q

what is the punishment for polygamy in the UK?

A

you can serve up to 7 years in prison

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32
Q

what is the difference between Polygyny and Polyandry?

A

Polyandry - having two or more husbands at one time
polygyny - having two or more wifes at one time

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33
Q

in how many countries is polygyny legal?

A

Polygyny is legal in 58 countries

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34
Q

although in many muslim countries polygamy is legal they….

A

place restrictions on it

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35
Q

why do laws on polygamy vary in different places?

A
  1. religion - The Qur’an permits Muslim men to take up to 4 wives, in the USA mormons used to practice it and some still do illegally
  2. Tradition - Polygamy has traditionally
    been practiced by some African societies
36
Q

what is homosexuality?

A

Sexual acts between members of the same sex

37
Q

is homosexuality legal in the uk, if so when was it legalised?

A

yes - it was legalised in the UK in 1967

38
Q

what did the 1967 homosexuality law state?

A

1967 the Sexual Offences Act was passed which decriminalised private homosexual acts between men aged over 21

39
Q

name 3 countries where homosexuality is legal

A

indonesia, france, spain, Uk

40
Q

in how many countries is male homosexuality illegal in?

A

Male homosexuality is illegal
in 72 countries

41
Q

in how many countries in female homosexuality illegal in?

A

Female homosexuality is
illegal in 45 countries

42
Q

in how many countries can homosexuality result in the death penalty?

A

In six countries, it can result
in the death penalty

43
Q

why do laws on homosexuality differ in different places?

A
  1. religion
  2. public oppinion
  3. sexism
44
Q

why may religion impact laws on homosexuality?

A

Countries where religion has a strong influence over law making are more likely to have laws making homosexuality a crime

45
Q

why might public opinion cause differences in laws on homosexuality?

A

in some countries where religion has a strong influence the public have a negative view of homosexuality so there is more likely to be policies against homosexual acts

46
Q

why may sexism cause differences in homosexuality laws?

A

The fact that male homosexuality is crime in more countries than lesbianism may be due to sexist assumptions by male law makers that women cannot feel same sex
attraction

47
Q

when was FGM made illegal in the uk and what act was it made illegal in?

A

FGM was made illegal in the uk in 1985 in the prohibition of FGM act

48
Q

what punishment can you get for FGM?

A

5 year prison sentance

49
Q

why are laws on FGM different from place to place?

A
  1. public opinion
  2. tradition
50
Q

why may public opinion cause laws on FGM to be different from place to place?

A

in many places FGM is viewed as child abuse so there have been laws put in to stop FGM but some places see FGM as a positive thing which also links to tradition

51
Q

name 2 places which still practice FGM

A

ethiopia and egypt

52
Q

why may tradition play a role in FGM laws being different from culture to culture - **the specific reasons why FGM may be praticed due to religion

A
  1. many belive FGM is a rite of passage into womanhood
  2. some believe it is a preservation of a girls virginity
  3. percieved health benefits
53
Q

laws which have chnaged over time

what two events have caused gunlaws to be changed in the UK

A

Hungerford and Dunblane mass shootings

54
Q

what else may have caused gun laws to change in the uk?

A

-campaigns
-public outcry because of the Dunblane and Hungerford shootings

55
Q

what two campaigns can be linked to the changing laws on guns in the UK?

A
  1. gun control network - set up by family and laws of victims
  2. snow drop campaign - organised by family and friends of the Dunblane massacre
56
Q

what happened in the 1968 firerms act in the uk?

A

probhibited possesion of firearms or ammo by criminals which had been sentanced

57
Q

what happened in the 1988 firearms act?

A

introducted restrictions on most types of guns including who could have them and where they could have them

58
Q

what did the 1997 firearms act do?

A

it made it illegal to own a hand gun except for some sporting and historical reasons

59
Q

why may laws on homosexuality have changed over time?

A
  1. campaigns
  2. human rights
60
Q

what campaigns can we link to the changing of homosexuality laws in the uk?

A
  1. the stonewall campaign
  2. camapign for homosexual equality
61
Q

what were stonewall and campaign for homosexual equality sucessful at changing in the law?

A

they got the age of consent to be equal with the heterosexual age of consent

62
Q

when were homosexual acts made a crime in the uk?

A

1885 - all homosexual acts made a crime with maximum prison sentance being life

63
Q

when were homosexual acts between men aged 21+ legalised?
(when did homosexuality become legal)

A

1967

64
Q

when was the age of consent for homosexuality reduced to be equal with hetrosexuality?

A

2000

65
Q

when was abortion legalised - permitted to be carried out in certain circumstances?

A

1967

66
Q

what happened in 1967 in relation to abortion laws in the uk?

A

the abortion act was passed which allowed doctors to carry out abortions in certain situations

67
Q

in 1861 what was the punishment for performing an abortionon yourself or trying to self abort?

A

life sentance in prison

68
Q

when did the NAC and ALRA merge to form abortion rights?

A

2003

69
Q

why have laws on abortion in the uk changed over time?

A
  1. human rights
  2. campaigns / organisations
  3. change in public opinion
70
Q

what organisations have helped to campaign for changes in abortion laws?

A

womans equality, humanists UK and right to life

71
Q

what are the three catagories in which ways the law can be applied differently due to circumstance?

A
  1. age of criminal
  2. situational factors and stereotypes
  3. homocide defences
72
Q

what are the three homocide defences?

A
  1. diminished responsibility
  2. loss of control
  3. automatism
73
Q

how many defences for homocide are there?

A

3

74
Q

explain diminished responsibility as a homocide defence

A

if an defendant proves their mental condition impcted their judgement their conviction may be reduced to manslaughter

75
Q

if a defendant pleads loss of contol or diminished responsibilty what could be the impact on the conviction

A

their conviction may be reduced to maslaughter

76
Q

explain automatism as defence to manslaughter

A

the person may not have been conciously aware of their actions and it was an involuntary act

77
Q

if someone pleads automatism as a homocide defence what could be the impact on their conviction

A

they may be found not guilty

77
Q

what is the age of criminal responsibility in the UK?

A

10 years old

78
Q

what is the age of criminal responsibility in Sweden and Finland?

A

15 years old

79
Q

where is anyone from the ages of 10 to 17 tried for a crime in the UK

A

a youth court

80
Q

what is different about a youth court?

A

they are less formal and the punishments differ - no child at this age can be sent to prison but they can be put into secure detention centres

81
Q

how can moral panic as a situational factor impact the sentancing of a crime?

A

makes punishments more harsh as the courts demonise defendants and aggravate punishments

82
Q

give an example of when moral panic impacted the punishments given

A

mods and rockers, london riots

83
Q

what did Chambliss investigate to do with stereotypes in crime punishment

A

he investigated police attitudes and studied working class (roughnecks) and middleclass (saints)

84
Q

what did chambliss find in his study of the roughnecks and saints

A

he found that even though both groups commited the same offences the roughnecks were punished more harshly than the saints

85
Q

what did Pilivan and Barr find to do with situational factors affecting how the law is applied?

A

they found that situational factors can change a police officers decision in stopping a person

86
Q

give an example of a situation factor that may impact if a police officer stops someone

A

time of day, class, age, ethnicity

criminology (6 decks)

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