The Basics Flashcards
What is the legal definition of crime?
Behaviour that violates criminal law as defined by the state
Who enforces criminal law?
State agencies
What is the problem with the legal definition of criminal law?
No uniform or agreed approach to the types of behaviors identified as crimes either now or throughout modern history
What does the rights-based definition of crime provide?
A basis for challenging state activity/inactivity and adding external pressure to states
What is the impact of the harm-based definition of crime?
Forms the basis of social movements that change the official definitions on crime as it
What is deviant behavior?
Behavior that diverges from generally accepted standards of behavior
Why is deviance subjective?
The label of deviant is given out by the different groups that contest their behavior. Dominant, powerful and more vocal groups get a bigger say on what constitutes deviance than groups that are marginalized, oppressed and silenced
What makes an act criminalized?
The act must first be labelled as deviant and threatening to society in some way
Why is criminalisation a political process?
It involves contestation between different groups with varying level of power and authority
What is an example of criminalisation in Australia?
The lockout laws in Sydney
What is over-criminalisation?
When criminalisation becomes excessive and disproportionate to the level of threat or harm
What is under-criminalisation?
When highly damaging acts fail to be criminalised or sanctioned proportionately
