mrs west unit 2 - done Flashcards
define formal sanctions against crime
Punishments for breaking formal written rules or laws given by official bodies such as the government
who are formal sanctions imposed by?
official bodies such as the government or police
give an example of a formal sanction
a fine for theft, exclusion from school for bullying
what are informal sanctions?
given when an act breaks a rule thats not formally written down or is perhaps unspoken
give an example of how an informal sanction may be shown?
refusing to speak to them, telling them off
sanctions are forms of…
social control
Sanctions can be positive, they are generally a reward for behaviour that society approves of, give an example of a positive sanction
a medal for bravery or from a sporting achievemnt, praise from a parent or teacher
what is the legal definition of criminal behaviour?
Any action that is forbidden by the criminal law
what is the social definition of criminal behaviour?
Crimes are acts that break a set of norms
For a court to consider a defendant’s actions to be a crime, the action must have two elements, what are they?
Actus reus – which is Latin for a guilty act
Mens rea – meaning a guilty mind
crime as a concept is….
socially constructed
what does crime being a socially constructed idea mean in terms of the social definition of crime?
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
what does mens rea mean?
a guilty mind
give an example of deviance that is unusual and good
running into a burning building to save someones life
give an example of deviant behaviour that is unusual and eccentric or bizarre
owning 40 cats or keeping curtains and blinds closed in the day
give an example of deviant behaviour that is unusual and bad or disapproved of
physically attacking somebody for no reason
Assaulting someone with the deliberate intention to harm them is usually a criminal act unless what?
it was done in self defence
if an attack was done in self defence, what has to apply for it not to be a crime?
the force used to defend themselves has to be reasonable
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
it means that even if the person responsible did not intend to harm, they are still liable
give an example of a situation where mens rea may not be present but the person is still liable
a factor owner is liable if he fails to safeguard dangerous machinery that injures someone – even if he did not intend to harm them
what offences are punsished with custodial sentances?
serious offences
what are custodial sentances?
where are they served
sentances served in a prison or young offenders institution
what are community sentances?
where are they served
they are served in the community rather than jail
name at least 2 restrictions a community sentance may include
curfews, attendance on anger management courses, mandatory drug testing and treatment orders and community payback
what are police cautions?
Cautions are warnings that can be given by the police or CPS to anyone aged 10 or over for minor crimes such as graffiti
what is a conditional caution?
Conditional cautions mean you have to stick to certain rules and restrictions, such as going to treatment for drug abuse
what are penalty notices?
Penalty notices for disorder can be issued for minor crimes such as shoplifting or possession of cannabis
if you pay the penalty for the penalty conviction…
you will not get a conviction
name at least 2 other implifications of a criminal offence
- exclusion from certain occupations eg working with children
- may be placed on the sex offender register
- may be banned from certain places or require a special visa
what is polygamy?
The practice of having more than one wife/husband at the same time
what is the punishment for polygamy in the UK?
you can serve up to 7 years in prison
what is the difference between Polygyny and Polyandry?
Polyandry - having two or more husbands at one time
polygyny - having two or more wifes at one time
in how many countries is polygyny legal?
Polygyny is legal in 58 countries
although in many muslim countries polygamy is legal they….
place restrictions on it
why do laws on polygamy vary in different places?
- 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
- Tradition - Polygamy has traditionally
been practiced by some African societies
what is homosexuality?
Sexual acts between members of the same sex
is homosexuality legal in the uk, if so when was it legalised?
yes - it was legalised in the UK in 1967
what did the 1967 homosexuality law state?
1967 the Sexual Offences Act was passed which decriminalised private homosexual acts between men aged over 21
name 3 countries where homosexuality is legal
indonesia, france, spain, Uk
in how many countries is male homosexuality illegal in?
Male homosexuality is illegal
in 72 countries
in how many countries in female homosexuality illegal in?
Female homosexuality is
illegal in 45 countries
in how many countries can homosexuality result in the death penalty?
In six countries, it can result
in the death penalty
why do laws on homosexuality differ in different places?
- religion
- public oppinion
- sexism
why may religion impact laws on homosexuality?
Countries where religion has a strong influence over law making are more likely to have laws making homosexuality a crime
why might public opinion cause differences in laws on homosexuality?
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
why may sexism cause differences in homosexuality laws?
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
when was FGM made illegal in the uk and what act was it made illegal in?
FGM was made illegal in the uk in 1985 in the prohibition of FGM act
what punishment can you get for FGM?
5 year prison sentance
why are laws on FGM different from place to place?
- public opinion
- tradition
why may public opinion cause laws on FGM to be different from place to place?
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
name 2 places which still practice FGM
ethiopia and egypt
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
- many belive FGM is a rite of passage into womanhood
- some believe it is a preservation of a girls virginity
- percieved health benefits
laws which have chnaged over time
what two events have caused gunlaws to be changed in the UK
Hungerford and Dunblane mass shootings
what else may have caused gun laws to change in the uk?
-campaigns
-public outcry because of the Dunblane and Hungerford shootings
what two campaigns can be linked to the changing laws on guns in the UK?
- gun control network - set up by family and laws of victims
- snow drop campaign - organised by family and friends of the Dunblane massacre
what happened in the 1968 firerms act in the uk?
probhibited possesion of firearms or ammo by criminals which had been sentanced
what happened in the 1988 firearms act?
introducted restrictions on most types of guns including who could have them and where they could have them
what did the 1997 firearms act do?
it made it illegal to own a hand gun except for some sporting and historical reasons
why may laws on homosexuality have changed over time?
- campaigns
- human rights
what campaigns can we link to the changing of homosexuality laws in the uk?
- the stonewall campaign
- camapign for homosexual equality
what were stonewall and campaign for homosexual equality sucessful at changing in the law?
they got the age of consent to be equal with the heterosexual age of consent
when were homosexual acts made a crime in the uk?
1885 - all homosexual acts made a crime with maximum prison sentance being life
when were homosexual acts between men aged 21+ legalised?
(when did homosexuality become legal)
1967
when was the age of consent for homosexuality reduced to be equal with hetrosexuality?
2000
when was abortion legalised - permitted to be carried out in certain circumstances?
1967
what happened in 1967 in relation to abortion laws in the uk?
the abortion act was passed which allowed doctors to carry out abortions in certain situations
in 1861 what was the punishment for performing an abortionon yourself or trying to self abort?
life sentance in prison
when did the NAC and ALRA merge to form abortion rights?
2003
why have laws on abortion in the uk changed over time?
- human rights
- campaigns / organisations
- change in public opinion
what organisations have helped to campaign for changes in abortion laws?
womans equality, humanists UK and right to life
what are the three catagories in which ways the law can be applied differently due to circumstance?
- age of criminal
- situational factors and stereotypes
- homocide defences
what are the three homocide defences?
- diminished responsibility
- loss of control
- automatism
how many defences for homocide are there?
3
explain diminished responsibility as a homocide defence
if an defendant proves their mental condition impcted their judgement their conviction may be reduced to manslaughter
if a defendant pleads loss of contol or diminished responsibilty what could be the impact on the conviction
their conviction may be reduced to maslaughter
explain automatism as defence to manslaughter
the person may not have been conciously aware of their actions and it was an involuntary act
if someone pleads automatism as a homocide defence what could be the impact on their conviction
they may be found not guilty
what is the age of criminal responsibility in the UK?
10 years old
what is the age of criminal responsibility in Sweden and Finland?
15 years old
where is anyone from the ages of 10 to 17 tried for a crime in the UK
a youth court
what is different about a youth court?
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
how can moral panic as a situational factor impact the sentancing of a crime?
makes punishments more harsh as the courts demonise defendants and aggravate punishments
give an example of when moral panic impacted the punishments given
mods and rockers, london riots
what did Chambliss investigate to do with stereotypes in crime punishment
he investigated police attitudes and studied working class (roughnecks) and middleclass (saints)
what did chambliss find in his study of the roughnecks and saints
he found that even though both groups commited the same offences the roughnecks were punished more harshly than the saints
what did Pilivan and Barr find to do with situational factors affecting how the law is applied?
they found that situational factors can change a police officers decision in stopping a person
give an example of a situation factor that may impact if a police officer stops someone
time of day, class, age, ethnicity
