UNIT 2 AC1.1 Flashcards
What is the legal definition of crime?
Behaviours that break the laws set out by the legal system
What is the definition of Actus Rea?
The guilty act
What is the definition of Men’s Rea?
The guilty mind
In law, a crime must have what two elements?
Men’s rea
Actus Rea
What are the issues with the legal definition of crime?
Strict liability- for offences of ‘strict liability’, a men’s Rea is not needed which means the act is enough which goes against the definition
Self-defence- in some cases there may be an Actus and men’s Rea but a person can be found not guilty for example, acting out of self-defence which goes against the legal definition
What is the social definition of crime?
A behaviour or an activity that offends the social code of a particular community
What are the issues with the social definition of crime?
-this means there is not necessarily a relationship between what the public thinks should be a crime and what the law says is a crime. This creates a mismatch between the two definitions
- Crime will vary from community to community
What is a summary offence?
A less serious offence, tried by magistrates
What is an indictable offence?
More serious offences tried before the crown court, judge and jury
What are four examples of a formal sanction (court sanction)?
- Custodial sentencing (prison for a period of time)
- Community sentences (this includes unpaid work, probation, curfew, and orders such as drug treatment)
- Fines (financial penalties)
- Discharge
What are three examples of a formal sanction (non-court)?
-Cautions
-Conditional cautions (must stick to certain rules and restrictions)
-Penalty notices (fine)
What is the definition of deviant?
Goes against societal morals, values and norms
What are the three types of deviance?
- admired behaviour
- odd behaviour
- bad behaviour
What is a formal sanction?
Given by official bodies E.G the government
For example, exclusion or being fired
What is an informal sanction?
Sanctions from people around you.
E.G. name calling, grounding or labelling behaviour