Topic 1: Social Constructions of Criminality Flashcards
What’s the difference between crime and deviance?
Crime is an act that has broken the law where as a deviant act is an act that is deemed “socially unacceptable” or a violation of society’s norms and values.
Define “values” and provide an example.
Values are general guidelines or principles for how we should live our lives. They tell us what is right/wrong, important/not important and good/bad. They are commonly shared by a community, i.e. religion.
Define “norms” and provide an example.
Norms are specific rules or socially accepted standards that guide our behaviour in particular situations, i.e. going to work.
Define “moral codes” and provide an example.
A set of rules or guidelines that a person or group of people follow in order to live a good and moral life, e.g. ‘treating people how you want to be treated’.
Define “deviance”
Deviance is any behaviour that differs from what is considered “normal” in society. Deviant behaviour is behaviour that deviates from the norms and values of society.
Name the three types of deviant behaviour
Admired behaviour, odd behaviour, bad behaviour
Define “admired behaviour”
Behaviour that violates social norms but would be considered admirable or a positive act.
Define “odd behaviour”
Behaviour that also violates social norms however it is not necessarily immoral or admirable (essentially its not harming anyone).
Define “bad behaviour”
Behaviour that is mostly criminal as it breaks the law and puts someone in potential harm.
Example of admired behaviour
Risking your own life to save someone else’s
Example of odd behaviour
Owning 50 cats
Example of bad behaviour
Beating someone up
Define “crime”
Any action or behaviour that is forbidden by the criminal law, and for which you can be punished by the legal system.
Define “actus reus”
The guilty act (the physical act that causes harm to another person). Literally translated it means “actions crime”.
Define “mens rea”
The intent (the guilty mind with the intention to commit the act). Literally translated it means “guilty mind”.
Name the 6 types of criminal acts
Fatal offences against the person, non-fatal offences against the person, offences against property, sexual offences, public order offences, drug offences.
Example of a public order offence
Affray (a fight between two people in public)
Example of a non-fatal offence against the person
GBH
Example of an offence against property
Burglary
Define “sanctions”
A sanction is a form of social pressure that either punishes people for committing or deters people from committing negative behaviour.
What’s the difference between formal and informal sanctions
Formal sanctions are imposed by official bodies such as police, courts etc… and are punishments for breaking official laws where as informal sanctions are used when rules are not formally written down/”unspoken”.
What acts would a formal sanction be used in and what acts would an informal sanction be used in?
Formal: Both criminal and deviant
Informal: Deviant
Give an example of a sanction for deviance
Laughing at someone’s odd behaviour
Give an example of a sanction for crime
Prison sentence
Name all court sanctions
Custodial sentence (prison), community sentence, fine and discharge
Define “discharge”
A conditional sentence (if offender reoffends in a set period they will be arrested).
What does a community sentence involve?
Curfews, anger management, community service, drug testing etc…
Name all non-court sanctions
Penalty notice, caution and conditional caution
What is meant by a conditional caution?
Offender has to agree to certain conditions and e.g. having treatment for drug abuse, repairing damage done to property and if the offender violates these conditions they can be charged with the crime.
What is meant by a penalty notice?
The offender signs a penalty notice and agrees to pay the amount stated (a bit like a fine but is dealt with out of court) (similar to a fine).
Provide a description and one example for criminal behaviour only
A form of deviance that involves serious, harmful acts that are wrong against society, e.g. speeding.
Provide a description and one example for deviant behaviour only
Deviance is any behaviour that differs from normal behaviour but does not harm anyone or go against any formal laws, e.g. rudeness.
Provide a description and one example for criminal and deviant behaviour
Behaviour that is both criminal and causes harm to society and one that is not considered the social norms, e.g. murder.
Why does crime differ between cultures?
Different cultures/societies have different beliefs about what is acceptable/unacceptable. This can be due to religion, public opinion, sexism/views of women etc…
How do social definitions of crime change around the world?
They move with time, public opinions, traditions and different norms, for example as things become more common, they become more normal.
What is meant by the social definition of crime?
Crime is defined differently depending on where you are in the world, or the society that we live in today.
What does it mean if something is socially constructed?
Something that has been made or defined by society, rather than simply occurring naturally.
Define “the 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 acceptable/unacceptable at any given time/place/country. Crimes can vary according to the time, place, culture and the circumstances in which they occur. What is considered criminal, is only defined by what society decides/agrees is criminal.
State the punishment for murder in Saudi Arabia vs France
Death penalty vs life sentence
Define “double jeopardy law”
It used to be that a person could not be tried again for the same offence.
Which law changed the double jeopardy law?
The Criminal Justice Act 2003
Why did Ann Ming campaign to change the double jeopardy law?
Her daughter Julie Hog was murdered by Billy Dunlop, the jury failed to reach a verdict and so he was acquitted. He later confessed but could not be re-trialed due to double jeopardy. He was eventually convicted in 2006.
What year was the death penalty abolished for murder in the UK?
1965
Which crime could you still be given the death penalty for after 1965?
Treason
What year was the death penalty completely abolished in the UK?
1998
Outline the Ruth Ellis case
- Last women to be hanged in the UK
- 13th July 1955
- Escort and prostitute who shot her lover in the back twice and continued to shoot when he was bleeding yo death.
- Two day trial, 25 mins to come to a guilty verdict.
- Pleaded guilty all the way through the trial.
Age of criminal responsibility in England and Wales
10 years old
Age of criminal responsibility in Scotland
12 years old
Age of criminal responsibility in China
16 years old
Age of criminal responsibility in Canada
12 years old
Age of criminal responsibility in Bangladesh
9 years old
Murder can be reduced to manslaughter in two circumstances. What are they?
Loss of control, diminished responsibility (i.e. mental illness).
Outline the Marine A. Blackman case
- British marine Alexander Blackman shot an injured Taliban fighter and was given a murder charge
- Reduced to man slaughter because he had PTSD (mental illness) from fighting against the Taliban.
Give an example of something that is not a crime in the UK but is in another culture/country.
Homosexuality- illegal in Saudi Arabia, punishable by death penalty.
Why is it necessary to change laws over time?
Because society evolves over time so our laws need to adapt to change to what are our new social norms.
