Unit 2 - AC 1.1 - Criminal and Deviance Flashcards
Define Values
Define Norms
Values: Principles and guidelines that teaches us what’s right and wrong and how we should live our lives, while conforming to values.
Norms: The specific standards, generally set by the society, that governs an individual’s behaviour in order to make them fit into the society and be socially accepted.
Moral codes
A set of rules, values and principles that an individual or the society lives by, which is considered to be very important.
They are also known as ethical codes.
- Deviance
- Describe different forms of deviant behaviour
Deviance refers to the abnormal and unusual behaviour, which can be considered as either positive or negative.
Forms of deviant behaviour:
- unusual and good; saving someone’s life
- unusual and eccentric or bizarre; talking to yourself
- unusual and bad or disapproved; physical assault
Why are some people stereotyped as deviant while others are not?
Media, moral panic
Some people have prejudice views about specific group people and stereotype them as deviant individuals, mainly because of the media representation of the certain people as media calls out on them very distinctly. This is done through the catchy style of headlines the articles have, which creates moral panic within the society and towards the specific individuals.
What are formal sanctions?
They are placed by the official bodies (schools, police, companies) because a formal, written rule or law has been broken.
Sanctions include fines, exclusions from school and imprisonment.
What are informal sanctions?
When rules are not formally written down and have been broken or disregarded.
Sanctions include parents grounding their child, labelling the negative behaviour and criticising.
What are Positive sanctions?
These refer to the rewards given for excellent behaviour that is well-approved, especially by the societies. They can be formal and informal
Sanctions include giving medals, certificates and praises
Social control
All sanctions are forms of social control.
Criminal behaviour:
2 elements required to consider the crime
Someone conducts an act which is forbidden by the criminal law.
- Actus reus, which is the ‘guilty act’. It can also include if someone failed to do an act that could potentially save the life.
- Mens rea, which is the ‘guilty mind’. The decision/intention to do something and being reckless (knows the consequences but still attempts to do it.
What are the two exceptions to the requirement for criminal behaviour?
-
Strict liability - this is when the mens rea is not needed as the physical act (actus reus) is enough for it be considered as a criminal offence.
Most are regulatory offences - Self-defence - if actus reus and mens rea is committed in self-defence, it’s not considered as crime IF the force was reasonable and necessary at that time.
Give an example of strict liability
- speeding
- drink driving
- watching TV without licence
- factor owner who’s negligent and fails to safeguard dangerous machinery is liable for the injuries to workers, even if the owner had no intention to harm them.
Social definition of criminal behaviour
examples?
Not all harmful acts are criminal
Some acts are considered as criminal acts while the criminal law doesn’t and vice versa
Speeding
users of soft drugs
cheating in a relationship
What influences the creation and enforcement of laws?
The power to influence law-makers can come from the media, campaigning pressure groups, or big business.
Why do laws change over time?
Laws are changed to reflect the changes in public opinion and respond to the issues arising and are becoming a public concern.
In what ways are criminal acts categorised?
State which ones are tried at magistrate and crown court
Criminal acts are categorised according to their seriousness:
- Summary offences - less serious offences; speeding, under-age drinking
(tried in magistrate court)
- Indictable offences - more serious offences; rape, murder
(tried in crown court)
What is the subject matter of the offence?
examples?
Referring to crimes being classified in terms of the general nature of the offence:
- sexual offence
- fraud and forgery
- criminal damage
- drug offences
State the different types of formal sanctions against criminals.
Court Sanctions
- Custodial sentences; going to jail
- Community sentences; served in the community
Police sanctions; warnings/cautions
Custodial sentences
Court sanctions
This includes imprisonment and detention in a young offender’s insitution as they are used for more serious crimes and are given a mandatory life sentence.
If the prisoner is given parole, they are released on a licence in which they have to live according to those conditions (curfews).
Community sentences
Court sanctions
For these sanctions, the criminal doesn’t need to go jail, instead it’s served in the community. These criminals can have conditional discharge put on them, which means that if they commit another crime in the given time, they will be sentenced for the new and previous offence.
This include placing restrictions on them, mandatory drug testing
Or they might have absolute discharge, which means there will be no punishment for them and no conditions are attached.
Police sanctions
Conditional cautions?
These include warnings given by the police or the Crown Prosecution Service to people ober 10 years old for the low level first time offending.
The offender must admit to the offence and agree to be cautioned; this can be used as an evidence of a bad character.
Conditional cautions requires you to obey the rules and restrictions.
Other implications of criminal behaviour
- Offenders can be put on the Violent and Sex Offenders Register (ViSOR)
- Banned from travelling to some countries, require special visas
- Restrictions on adoption, jury service
- Excluded to take part in occupations
What do judges and magistrates have to consider when deciding on a sentence?
State 3 points
- seriousness of the crime. Burgler with a knife is more serious than offender who stole from the window.
- harm caused to the victim. £1 million stolen vs a phone
- the quicker they admit to the offence, the shorter the sentence
- whether they are an ex-offender. Judges are more harsh to them compared to forst time offenders
- how remorseful and guilty the offenders feel. treated less harshly compared to someone who shows no sympathy
Why is prison used as a punishment?
It isolates the offender from the world, giving them an opportunity to reflect on their actions. it takes away their freedom, social and support network, and has detrimental impacts on their identity.
What is a discharge?
When a minor offence is committed and the court doesn’t sentence the offender, despite declaring them as guilty.
