Topic 1 Social Construction of crime Flashcards
what is actus reus and mens rea
Actus Reus
= the guilty act
Mens Rea
= the guilty
mind
what is a sanction
A sanction is a form of social pressure that either punishes people
for committing or deters people from committing negative
behaviour
what is the legal definition of crime
‘Any action or behaviour that is forbidden by the
criminal law, and for which you can be punished by the
legal system’
what are court sanctions
custodial sentence
community sentence
fines
discharges
what are non court sanctions
penalty notice
caution
conditional caution
what is the social construction of crime
Social Construction of Crime: The idea that crime is a product of the
situation in which it takes place (crime is dictated by what is seen as
‘illegal’/unacceptable at any given time/place/country)
what is deviance
Deviance is any behaviour that deviates from the norms and values in society.
Remember: something can be deviant but not criminal, and criminal but not deviant!
what is admired behaviour
behaviour that is unusual but good
what is odd behaviour
behaviour that is unusual and eccentric or bizarre
what is bad behaviour
behaviour that is unusual and bad or disapproved of
what are informal sanctions
Sanctions that are used when rules are not formally written down and are
perhaps ‘unspoken
e.g. parent grounding a child, disapproval looks and actions
what is criminal behaviour only
Deemed to be ‘illegal’ by the
law-makers of the countries
Results in formal
punishments by the
police/authorities
Formal sanctions can be
separated into court
sanctions and non-court
sanctions
what is deviant behaviour only
Acts that go against the social
norms of a society.
Result in informal sanctions
from others in society
including parents, teachers,
strangers and peers (friends)
what is criminal and deviant behaviour
Criminal and deviant:
Some acts break the law and are also against social
norms. e.g. theft and murder (it’s morally wrong to
kill/steal)
Criminal, but not deviant:
Some acts break the law but are not against social
norms (considered ‘normal’). e.g. illegal streaming,
speeding.
Deviant, but not criminal:
Some acts go against social norms, but do not break
the law. e.g. picking your nose, shouting in a library
how laws change depending on place
Legal systems evolve at different paces, and are determined by a combination of
history, culture and politics. Different countries or places also have different priorities
about what laws to enforce.
one example of how laws change depending on place
Jaywalking (crossing the road where there is no pedestrian crossing) being policed
more heavily in cities vs. small towns in countries like America or Germany
how do laws change from culture to culture
Cultural differences in law are similar, they may include examples of laws which are legal in one
country but not in another. However cultural differences are more related to traditions and
religion in a particular country or community.
one example of how laws change from culture to culture
adultery
Not a crime in the UK
* Illegal in most Muslim-majority
countries/cultures e.g. Saudi Arabia,
Pakistan and also Christian-majority
countries (including many U.S states!)
WHY?- Mainly religion
How laws may be applied
differently depending on
the circumstances
The context of a crime is critical in understanding the full picture
of what has happened, and therefore how the law might need to
be applied
one example of how laws may be applied
differently depending on
the circumstances
Age of
criminal
responsibility
Countries around the
world vary
significantly in what
age they deem
someone to know the
difference between
right and wrong, and
therefore can be held
criminally responsible
in the US there is not minimum age
in the UK it is 10-11
how laws change over time
There are many reasons laws change over time - most of these relate to social changes that
occur over time
As society progresses & changes, laws and policy must change to reflect this
one example of laws changing over time
homosexuality was legalised in 1967
