Unit 2 Flashcards
1.1
Compare criminal behaviour and deviance
What are values
General principles or guidelines on how we should live our lives - tell us what is right or wrong
What are Norms
Specific rules or socially accepted standards that govern people’s behaviour
What are moral codes
Basic rules or values held by an individual,group,organisation and or society as a whole
For examples: the police code of ethics - principles and standards that officers are expected too uphold
Definitions of deviance
Deviance is behaviour that differs from normal
There is three ways too define it
1. Behaviour that is unusual and good - heroically risking one’s own life to save another
2. Behaviour that is unusual and eccentric - such as talking to the threes in the park
3. Behaviour that is unusual and bad or disapproved of - physically attacking someone for no reason
The last one is the most relevant for crime - it breaks a rule or norm in some kind
What is a formal sanction
Ones opposed from official bodies - police, courts, schools etc
They are punishments for breaking formal written rules
What is an informal sanction
Where the rules broken aren’t formally written down and are perhaps unspoken
When someone breaks these rules, others show their disapproval in informal ways
Examples: not speaking too them, telling them off, slapping
What is a positive sanction
Rewards society approves of
Medals for bravery, praise from work,school, parents etc
What is social control
Society trying too control our behaviour and ensure that we conform to its Norms and behave as others expect us to
what is the legal definition of criminal behaviour
any bahviour or action that is forbidden by the criminal law
what does actus reus mean
guilty act
what does mens rea mean
gulity mind
what is strict liablity
in some cases guilty mind is not required- the wrongfull act on its own is enough to convict someone.
why can self defense stop laws or decrease them
if something is done in the act of self defense than it can soemtimes be justfied as not a crime
the social definition of criminal behavior
society defininig what they belive too be criminal and what not too class as criminal behaviour.
there is three aspects due too this including:
differing views
law enforcement
lawmaking
what is differing views?
the public will have a different view of what acts are really crimes as compared with the legal definitions of crimes
what is law enforcement
not all criminal laws are enforced, and some come as low priorities of the police - like white collar crime will have more of a priority over drugs
what is law making
not all acts that people think ought to be make into crimes have laws passed against them
what is a summary offences
less serious offences such as speedig
what is indictable offences
more serious offences like rape and murder
what are some main catagories of indictable offences
violence against a person
sexual offences
offences against property
fraud and forgery
criminal damage
drug offences
public order offences
what are formal sanctions against criminals
the penalties laid down by the law taht can be imposed on those convicted of a crime
what is a custodial sanction
imprisionment, detention in a young offenders institution
the length of the sentance can vary due too the crime committed
what aare community sentances
they are served in a community doing based work their rather than in a prision
they include things like probation orders,restrictions, curfews etc
fines: financial penalties which depend on the serious of the crime and that will decide the price of the fine
police sanctions
cautions: a warning that is goven - normally for low level crimes and first time offenders
you must admit to the offence to get a caution
conditional cautions:
you have to stivk too certain restrictions and rules - such as going for treatments that the police have given and if you break nay rules than you can be convicted
penalty notices for disorder: : if you pay your penalty you wonr get convicted
other implications of committing a criminal act
exclusion from certain occupations (working with young people)
may be placed on an visor
banned from travelling too certain places
restrictions too thigs like adopting, jury dervice
criminal bit not deviant?
possessing cannabis- although it illegal people may not see it as illegal and agree thats its okay which means its not deviant
although many peope do see it as deviant do it sometimes becomes that
deviant but not criminal?
homosexuality- people still see this as deviant although in most places it is completley allowed and it now acceptable
1.2?
explain the social construction of criminality
how do laws change from culture too culture
polygamy: legal in 58 countries
normally in muslim communities and countries it is seen as most acceptable but only for muslims
in is illegal in most countries and even some muslim countries
bigamy- the act of marrying whilst being married is illegal in the uk and can cause unto 7 years imprisonment
why law changes due to culture for polygamy : religion - different religions will allow different things too due what they belive in and what they think is acceptable
tradition: alot of countries will see things as a tradition and not unusual
adultery:
the act of two people entertaining in sexual acts whilst one or both are married
illegal in:
in most muslim countries
several African countries
21 us states
punishemnst can include stoning to death
legal: most countries including the uk and india
reasons why it is illegal/legal:
religion: christianity: not cheating is one of the ten commandaments
the position of women: where women have very subordinate positions
Homosexuality
Sexual acts between members of the same sex are treated as crimes in number of countries.
Illegal: 72 countries for men and 42 for women
Some countries can end in a death penalty towards people such as Russia
Legal: in the uk, Europe and north and South American
Indonesia
Why?:
Religion Many religions, including Christanty slam and luda sue lave traditionally condemned homosexuality y. Countries where religion has a strong influence over ov-making are more likely to have laus making homosexuality a crime. By contrast, in secular societies (ones where religion has less influence), social norms are generally more tolerant of sexual diversity.
• Public opinion Pols by the Pew Research Center show higher levels of support for bans on punis uity in some countries. Some of these are countries where religion has a strong Intese aire ampe, 95% in Egypt believed homosexuality should be refected) but others, such as Russia, are not.
• Sexism : The fact that male homosexuality is a crime in more countries than lesbianism is, May be due to sexist assumptions by male lawmakers that women were incapable of same sex attraction.
Cannabis : Laws on cannabis vary widely between different societies. In general, possession of cannabis for personal use is treated more leniently than growing, importing or supplying (dealing) cannabis.
Where is it a crime? In the UK, possession can be punished with up to 5 years imprisonment and supply with 14 years. However, sentences are typically far lighter and for possession may often bea fine or a discharge. Many other European countries have similar laws relating to cannabis.
Where is it legal? Some places have legalised possession for personal recreational or medical use. Others have also legalised its sale, including Canada and Uruguay. some countries, such as Portugal, have decriminalised possession for personal use.
This means it has been reclassified as a misdemeanour, or minor offence. The offender receives a warning rather than a more severe penalty.
Why?
Different norms and values Differences in laws on cannabis to some extent reflect differences in norms, values and attitudes between societies. Societies with a emphasis on individual freedoms may see drug use as victimless or as an individual’s right to do as they wish
Different ideas on how drug use should be controlled:
Some see as if it is illegal less people will do it, some see it as if people do it safety and it is provided to them they won’t have as many deaths and it can be controlled for
How laws change overtime
Homosexuality
Laws on same-sex relationships have changed greatly in the UK in the recent decades.
Changes over time
In the UK, all homosexual acts between men were made a crime in 1885, with a maximum sentence of life imprisonment. However, homosexual acts between males aged 21 or over were legalised in England and Wales in 1967, in Scotland in 1980 and Northern Ireland in 1982 (lesbian acts had never been illegal). The age of consent was reduced to 18 in 1994 and then equalised with heterosexuals at 16 in 2000.
The British introduced many laws into their colonies during the period of the British Empire. For example, in 1861, they introduced a law in India making homosexuality a crime. This law was struck down by India’s Supreme Court in 2018 and homosexuality is no longer an offence.
Reasons why the law changed
The Wolfenden Report After the Second World War, there was an increase in prosecutions of gay men and by 1954 over 1,000 were in prison. Following several trials of well-known figures, the government set up a committee under Sir John Wolfenden to consider reform of the law.
After gathering evidence from police, psychiatrists, religious leaders and gay men (whose identity had to be concealed), the committee’s report published in 1957 recommended that homosexual acts in private between consenting adults over 21 be legalised.
Campaigns The Homosexual Law Reform Society, made up of leading public figures, successfully campaigned for the change in the law that legalised gay sex in 1967. Further campaigns by Stonewall and the Campaign for Homosexual Equality led eventually to equalising the age of consent at 16.
Politicians such as Roy Jenkins supported the campaign for change and as Home Secretary he introduced the necessary legislation in 1967. Others since have introduced further legislation such as the 2010 Equality Act which outlaws discrimination of grounds of sexual orientation.
Human rights in India the main reason for the change in the law was the decision of the Supreme Court that the state has no right to control citizens’ private lives. In the UK this concern with equal rights also underlies changes in the law on homosexuality
Drug laws!
Drug laws have changed over time in many countries. In some cases, possession of certain drugs has been made a criminal offence, while in other cases it has been decriminalised, as in the case of Portugal below.
Changes over time
The Portuguese case is an interesting example. From 2001, possession of drugs was changed from a crime to a civil offence, if the quantity involved was less than for a ten-day personal supply.
The new law applied to both ‘hard’ drugs such as heroin and ‘soft’ ones such as cannabis.
The background to the change in the law is interesting. From the 1930s until 1975 Portugal had been ruled by a right-wing dictatorship as a ‘closed’ and strictly regulated society (Coca Cola was banned and citizens even had to obtain a licence to own a cigarette lighter!).
After a revolution in 1975, Portugal became a democracy and the increased openness of the country led to a large influx of drugs. Very soon, Portugal had the highest rates of heroin addiction in Europe, as well as soaring rates of HIV infection caused by needle-sharing among addicts.
Public health The thinking behind decriminalisation was that drug use should be regarded as a public health issue aimed at harm reduction, rather than an issue for the criminal justice system.
Users are referred to health and other support services rather than being prosecuted.
Since the change in the law, drug use has fallen sharply. HIV infections among addicts are almost non-existent and deaths from drugs are now the lowest in Europe: around 4 per million of the population, compared with figures for England and Wales of around 44 per million.
Reasons why the law changed
The basic reason for the change was the sudden and rapid growth in the scale of drug addiction in Portugal after 1975: by the 1990s, one in every 100 of the population was addicted to heroin.
This led to calls for drastic action to tackle the problem.
It was also felt that, as a relatively poor country, the new law would reduce the costs resulting from drug use and one source points to a saving of 18%.
Gun control laws:
Changes over time In the UK, laws governing access to firearms changed following two mass shootings:
• In 1987, Michael Ryan, an unemployed antique dealer, shot and killed 16 people in Hungerford, Berkshire.
• In 1996, 16 children and one teacher were shot dead at Dunblane primary school near Stirling in Scotland by Thomas Hamilton, an unemployed former scout leader.
Most of the weapons used, including several semi-automatics capable of rapidly firing multiple rounds, were legally held.
As a result, the law was tightened in 1997 following a government enquiry led by a senior former judge, Lord Cullen. John Major’s Conservative government introduced an act banning all handguns except .22 single shot weapons. Following Labour’s victory in the general election later that year, Tony Blair’s government introduced a second Firearms (Amendment) Act, banning the remaining handguns as well. Apart from some historic and sporting weapons, it is now illegal to own a handgun in Great Britain.
Reasons why the law changed
The main reason for the change in the law was the public outcry following Hungerford and especially Dunblane. However, two important campaigns helped to press for a change in the law:
• The Gun Control Network, set up by lawyers, academics and parents of victims to campaign for tighter gun control laws.
• The Snowdrop Campaign, started by bereaved Dunblane parents and their friends, organised a petition and collected 750,000 signatures calling for a change in the law.
Laws relating to children:
Childhood is a very good example of social construction. Although everyone goes through a biological stage of physical immaturity in the first years of life, how society has defined this phase has varied greatly over time.
In British society today, the dominant idea of childhood is of a special time of happiness -
‘the best years of your life’ (though this is not to say that reality always lives up to this ideal).
We see children as fundamentally different from adults: vulnerable, innocent and in need of protection and nurturing. As a result, in many ways children are kept separate from the adult world and its dangers.
Changes over time However, it has not always been like this. The historian Philippe Ariès argues that until the 13th century, ‘the idea of childhood did not exist’. Children were put out to work from an early age and were in effect ‘mini-adults’ with the same rights and duties as everyone else. The law often made no distinction between children and adults, and children could face the same severe punishments as those handed out too adults. Over time, the idea of childhood as a separate stage in life gradually developed and society becartie, the chiat-centred: Parents invest a great deal in their children both emotionally and financially, and the state takes a great interest in their wellbeing.
Changes in the law
As a result of growing concern for children and their welfare, there have been important changes in the laws relating to children in the last two centuries. These changes reflect how society’s view of childhood has changed over time.
• Laws excluding children from paid work. In the 19” century, children as young as six were widely used in cotton mills, calmines and other industries. A series of Factory Acts gradually excluded children from the workplace.
• Compulsory schooling introduced in 1880 ensured a basic education for all and also had the effect of keeping children out of paid work.
• Child protection and welfare legislation, such as the 2004 Children Act made the child’s welfare the fundamental principle underpinning the work of agencies such as social services.
• Children’s rights The Children Act defines parents as having ‘responsibilities’ rather than
‘rights’ in relation to children, while the United Nations Convention on the Rights of the Child
(1989) lays down basic rights such as entitlement to healthcare and education, protection from abuse and the right to participate in decisions that affect them, such as custody cases.
• Laws and policies that only apply to children, such as minimum ages for a wide range of activities, from sex to smoking, reinforce the idea that children are different from adults and so different rules must be applied to their behaviour.
Laws concerning physical punishment:
in the past, physical punishment for criminal behaviour was common. At various times in British history, criminals (depending on their crime) could be punished by:
• capital punishment (execution) by hanging, not only for murder but also for less serious crimes. For example, the 1723 Black Act made over 50 offences of theft and poaching into
capital crimes.
• corporal punishment has included logging, birching (caning), branding with hot irons and being put in the stocks.
Changes in law:
Abolished in britian in 1965
Corporal punishment also finally disappeared
Reasons for change:
Breaches moral basic rights
Nothing can be done if it’s a mistake
It doesn’t act as a deterrent
murder and treason er of offences carrying the death penalty was reduced, until it remained only for mas also go teary no capeat eu nitment was finaly abolshed in ridinen, unt Corporal punishmenti his as ra uly isan eared For example, flogging in the armed torin was abolished in 181 and all corporal punishment of offenders was abolished in 1967.
How laws are applied differently according to circumstances in which actions occur
Differential enforcement of the law
The law is not always enforced equally. For example, as we saw in Unit 1, Topic 1.5, moral panics about certain crimes and the situations in which they occur can lead to offenders being treated more harshly by the courts.
Moral panics Those convicted of relatively minor offences committed during the London riots of 2011, such as theft, were more likely to receive custodial sentences than similar cases committed under ‘normal’ conditions. Likewise, the courts imposed more severe sentences on youths convicted of offences during the moral panic over mods and rockers in the 1960s. In these cases, the stiffer sentences were often handed down to ‘teach young people a lesson’ and to deter others.
Typifications Another way in which the law may be enforced differently against similar cases is shown by the work of Chambliss. Chambliss studied two groups of youths, the middle-class “Saints’ and the working-class ‘Roughnecks’. He found that, while both groups committed offences, the police enforced the law more strictly against the Roughnecks.
Chambiss’s research supports that of Cicourel. As we saw in Unit 1, Topic 1.5, Cicourel argues that police officers hold typifications - ideas about what a typical criminal is like. For example, they are more likely to regard working-class rather than middle-class individuals with suspicion, resulting in more arrests for this group.
Similarly, Piliavin and Briar found that ‘situational factors’ play a large part in police officers’ decisions to stop or arrest a person. These include the individual’s class, ethnicity, age, attitude towards the officer, and place and time of day or night. Thus two different individuals can commit the same offence but one may be more likely than the other to be arrested.
Age of criminal responsibility
Two people may commit the same criminal act but will be treated differently by the law if one of them is below the age of criminal responsibility. This is the age below which a child is deemed not to have the capacity to commit a crime. The logic behind this is that children below a certain age are unable to understand the full meaning of the act they have committed and so cannot be held responsible for it in the same way.
The age of criminal responsibility varies from place to place. In England, Wales and Northern Ireland it is 10 years. No other country in Europe has a lower age of criminal responsibility than this. In Scotland the age of criminal responsibility is 12.
Youth courts and punishments Children or young people who commit a crime may be treated differently by the justice system. Most countries have separate courts to deal with offenders below a certain age.
In England and Wales, youth courts are special magistrates’ courts that hear cases involving people aged 10 to 17. Youth courts are less formal: defendants are called by their first name, and members of the public are not normally allowed in. The court cannot send anyone to prison but can impose sentences including a detention and training order carried out in a secure centre.
Homicide
There are three special defences contained in the Homicide Act 1957 which exist solely for the offence of murder, where the defendant can plead not guilty despite having killed someone:
• Diminished responsibility If a defendant can show that their mental condition substantially reduced their ability to understand what they were doing or form a rational judgment, this reduces the conviction to manslaughter.
• Loss of control is a partial defence that may reduce the offence to manslaughter.
• Automatism A crime must be a voluntary act - the defendant must have consciously chosen to commit it. If they can show that it was involuntary, they can plead the defence of automatism.
2.1,2.2,2.3
+ 3.2
Describe biological theories or criminality
Physiological theories?
Lombroso theory: born criminals
Sheldon’s : somatotypes
Genetic theories?
Twin studies
Adoption study
Jacob’s XYY
Brain injuries and disorders?
Brain injuries
Diseases