UNIT 2- AC 1 Flashcards
AC 1.1- ACTUS REUS/ MENS REA
- a guilty act (the act of committing a crime)
-element of criminal responsibility (acted with intent)
AC 1.1- Strict liability offence/ miscarriage of justice
-defendant is found guilty, regardless of mental state or intent
-people are wrongfully convicted of a crime
AC 1.1- APPEAL/AQUITTAL/TRIAL
-apply to a higher court to challenge decision made in a lower court or trial
-a verdict stating the person charged with a crime is no longer guilty
-formal examination of evidence by judge and jury to decide a verdict
AC 1.1- NORMS/VALUES
-something that is usual/typical/standard
-principles or standards of behaviour, a judgement of what is important in life
AC 1.1- social & legal definition of crime
Social: A label from social interaction- a wrong against a community
Legal: any action forbidden by criminal law- to be found guilty the perpetrator has to have mens rea and actus reus
AC 1.1- define deviance
Behaviour that differs from the normal, when deciding if something is deviant we have to consider: values, norms, moral codes (mores)
AC 1.1- Formal sanctions + examples
Formal= typically used for serious deviant/ criminal acts
-court sanction: custodial sentence, community service, financial penalty, conditional discharge
-police sanction: caution, conditional, penalty notice
AC 1.1- informal sanctions + examples
Informal= typically used for acts that are deviant (not usually criminal)
-frowning upon behaviour
-name calling
-laughing at action/shaming
-labelling
-ignoring
AC 1.1- informal sanctions + examples
Informal= typically used for acts that are deviant (not usually criminal)
-frowning upon behaviour
-name calling
-laughing at action/shaming
-labelling
-ignoring
AC 1.2- POLYGAMY/ADULTRY
-practise of having more than one wife (more than one husband is polyandry)
-being unfaithful to your husband/wife
AC 1.2- DIMINISHED RESPONSIBILITY/LOSS OF CONTROL/AUTOMATISM
- unbalanced mental state that is considered to make someone less answerable for a crime- grants for a reduced charge but doesn’t classify as insane
-lacking a normal degree of self-restraint, can reduce a charge to manslaughter
-performance of actions without conscious thought or intention
AC 1.2- MORAL PANIC/TYPIFICATIONS
-mass panic in response to a problem regarded as threatening in society
-categorising abstract concepts into concrete entities
AC 1.2- CAPITAL PUNISHMENT/CORPORAL PUNISHMENT
-legally authorised killing of someone as punishment for a crime
-infliction of pain upon a person as punishment for a crime
AC 1.2- what does “socially constructed” mean referring to crime
Refers to something that has been made or defined by society, rather than occurring naturally- criminality is what ever society defines as criminal. Definition of crime changed over time which shows it’s socially constructed
AC 1.2- examples of laws that change across cultures
-polygamy: illegal in most countries, in uk you would be committing bigamy which you can receive a 7 year prison sentence. However is still legal in Singapore. Polyandry legal in Himalayas
-adultery: legal in most countries, though may be seen as deviant. Legalised in India in 2018 as previously illegal. Illegal in Indonesia for adultery, sex outside marriage, co-habitation
-homosexuality: 64 countries criminalise homosexuality as of 2024- mostly in Middle East, African, and Asian countries. In Afghanistan and Uganda is punishable by death. Fully legal in uk to do all with a same-sex partner
AC 1.2- reasons why for culture
-religious beliefs
-different norms + values
-tradition
-public opinion
-status of different groups of people within a culture
AC 1.2- examples of types of law for countries
-common law: used in Australia and USA
-Muslim law: Saudi Arabia, Iran
-civil law: France, Spain
-customary law (usually made by tribes/cultures in the area): Nigeria, Ghana
-mixed systems (may be influenced by both politics and history): Canada, South Africa
AC 1.2- examples of laws that have changed over time
-Laws relating to child labour/children working (UK)
-Laws relating to capital punishment (UK)
-Abortion Laws
-Laws on same-sex relationships
-votes for women (UK)
AC 1.2- reasons why for time
-changing ideas about human rights
-changing norms and values
-political backing
-landmark events/ cases
-growing knowledge and understanding as a result of research (specifically linked to health)
-campaign for change
AC 1.2- case study pt 1.
-Ruth Ellis: hanged in 1955 for murder of her lover David Blakely, he may have potentially been very abusive towards her and tried to leave her all alone, potentially didn’t plan to kill him but was convinced by another man, lover may have caused her miscarriage
-Derek Bentley: hanged in 1953 at 19, accused of murdering P.C Sidney miles, didn’t deliver fatal shot but co-conspirator was too young to be charged, might not have even killed him at all as campaigns show he was accused because he supposedly said something
AC 1.2- examples of how law is applied in different circumstances
-differential enforcement of the law: several ways law might be applied differently due to circumstance. E.G~ 2011/24 riots in England due to moral panic, almost 1000 people jailed with sentences nearly double normal length
-age of criminal responsibility: two people may commit the same crime but will be treated differently due to age. E.G~ killers of Brianna ghey having their names revealed despite being underage due to the horror of the crime
-homicide: May be complicated exceptions to normal rules. E.G~ diminished responsibility, loss of control, automatism
AC 1.2- cast study pt 2.
-Alexander Lewis-Ranwell: caught respite released, went on to attack farmer and police officer, kill an elderly man and elderly twins. Also attacked a hotel employee and manager. Was seen not guilty by reason of insanity and placed in a mental hospital.
-James bulger case: John venables and Robert Thompson murdered 3 year old Jamie bulger by kidnapping him from a shopping centre and murdering him on local train tracks. Sentenced to a minimum of 15 years and names were revealed to the public at the ages of 11.
