unit 1- social construction of criminality Flashcards
what are values
rules shared by most people in a given culture, it is what people feel should happen. they are more general guidelines thans norms
what is an example of values
respecting the elderly
what are norms
they are social expectations that guides behaviour and explains why people act in the way that they do.
what is an example of norms
in the UK we wear black to funerals but in China they wear white
what are moral codes
morals or good ways of behaving.
what would breaking moral codes be seen as by society
considered serious
what are moral codes dependent on
values held by society
what is an example of moral codes
respecting people; using manners
what is deviance
any behaviour that violates social or cultural norms or accepted standards
what are the three types of deviant behaviour
- admired behaviour
- odd behaviour
- bad behaviour
what is the definition of admired behaviour
it is behaviour that other people in society will look up to and want to replicate
what is the definition of odd behaviour
behaviour that some people will think is strange or abnormal
what is the definition of bad behaviour
behaviour that is morally wrong and society would disapprove of
what type of behaviour are criminologists most concerned with and why
bad behaviour because it may lead to the broken windows theory
what is the legal definition of crime
any action or behaviour that is forbidden by criminal law, and for which you can be punished by the legal system
what are examples of crime under the legal definition
- murder
- burglary
- GBH
what is actus reus
action or conduct which is a constituent element of crime
what does actus reus mean
guilty act
what is mens rea
the intention or knowledge of wrongdoing that constitutes part of a crime
what does mens rea mean
guilty mind
what are the 2 exceptions to the principle of actus rea and mens rea
- self defence
- strict liability
what is self defence
the defence of one’s person or interests which is permitted in certain cases an answer to a charge of violent crime
what is strict liability
it is the imposition of liability on a party without finding a fault. it is also liability which doesn’t depend on actual negligence or intent to harm
what are the 6 types of criminal act
- fatal offences against the person
- non fatal offences against the person
- offences against property
- sexual offence
- public order offences
- drug offences
what is an example of fatal offences against the person
murder, manslaughter
what is an example of non fatal offences against the person
assault, battery, GBH, ABH
what is an example of offences against the property
theft, robbery, burglary
what is an example of sexual offences
rape, indecent assault
what is an example of public order offences
riot, affray, violent disorder
what is an example of drug offences
possession of a controlled drug, possession with intent to supply
does what constitutes crime and deviance differ between societies
crime, such as arranged marriages, are illegal in the UK but in other countries it is socially acceptable
what crimes are typically disapproved of in our society
fatal and sexual offences
how can social definitions of crime change around the world
in some cultures some thing are more accepted than others, for example in LA cannabis is legal but in the UK it is illegal
what does crime is socially constructed mean
it means that crime can vary depending on the situation in which it takes place, and the views of the people in that society, and is not simply define by what is legal/illegal according to the actual criminal law
what is a sanction
it is being punished for doing wrong/ negative behaviour, can be criminal or deviant
what are formal sanctions
are actions that are legalized and official in nature and enforced by an authoritative
what is an example of formal sanctions
law enforcement
who imposes the formal sanctions
police, courts, schools
what are informal sanctions
rules or norms that are unwritten and not enforced by an official authority
what is an example of informal sanctions
shaming, ridicule and disapproving looks
what are 4 examples of formal sanctions for deviance
- fines
- imprisonment
- court sanctions
- non court sanctions
what are 6 examples of informal sanctions for deviance
- frowning upon behaviour
- name calling
- ignoring behaviour
- labelling behaviour
- parents grounding a child
- bullying
what are the 2 categories for formal sanctions for criminal behaviour
- non court
- court
what is a non court sanction
they are crimes that don’t require court. this is because they are petty
what are cautions
they are administered by the police for minor crimes such as graffiti on a bus shelter
what do you have to admit or what will happen if you don’t admit it
you have to admit on offence and agree to be cautioned; otherwise you can be arrested for the offence
what are conditional cautions
they are given by the police but you have to agree to certain rules and restrictions such as receiving treatment for drug abuse or repairing damage to a property
what are penalty notices
you can only get one if you are older than 18 or over. the offender signs a penalty and agrees to pay the amount stated
what is a custodial sentence
where you are immediately sent to prison
what is the difference between mandatory and discretionary life sentences
discretionary life sentences is where the judge has a choice about the sentence. mandatory is where the sentence is a life sentence but the minimum sentence may vary
what is the difference between fixed terms and immediate prison sentences
fixed is a sentence of imprisonment for a specific or minimum period specified by statute. immediate doesn’t have a fixed length of time