Unit 2 - Criminological Theories - 1.1 Compare criminal behaviour and deviance Flashcards
Define values
general principles or guidelines about how we should live our lives. They tell us what is right and wrong.
Define norms
Norms are the specific rules or socially accepted standards that govern people’s behaviour in specific situations.
Give an example of a value found in all societies
Respect of human life
Give an example of a value found in traditional societies
duty of individuals to share their wealth with everyone/respect for elders
What is a moral code?
Term used to describe a set of basic rules, values and principles held by an individual, group or society
What is included in the Police code of ethics?
Accountability, integrity, openness, fairness, leadership, respect, honesty, objectivity and selflessness.
Defining Deviance
What Is deviance?
Any behaviour that differs from the normal. In other words, it is behaviour that is unusual, uncommon or out of the ordinary.
Forms of deviance:
Give examples of behaviour that is;
- unusual or good
- unusual or bizarre
- behaviour that is unusual or bad
- risking your own life to save someone else’s
- talking to trees
- attacking someone for no reason
Why do societies have different ideas about deviance?
Different societies have different norms. FGM is normal in some societies and therefore is not deviant but in British society FGM is wrong and is generally seen as deviant.
Formal and Informal sanctions
What is meant by formal sanctions?
Sanctions imposed by official bodies such as police, courts and schools. They are punishments for breaking formal rules or laws.
What is meant by informal sanctions?
Used when rules are not formally written down and are perhaps ‘unspoken’. When someone breaks these rules others show their disapproval in informal ways, such as telling someone off.
Give an example of a positive sanction
Rewards for behaviour that society approves of eg class charts positive or award
What is meant by social control?
All sanctions, positive or negative are forms of social control. These are ways in which society seeks to control our behaviour and ensure we conform to social norms.
The legal definition of criminal behaviour
What is ‘Actus Reus’?
Latin for ‘guilty act’
What does ‘Mens Rea’ mean?
Latin for ‘Guilty mind’
What Is strict liability?
It means that the criminal act is enough to secure a conviction for someone, Mens Rea is not needed
Why would self-defence mean that an act is not a crime?
Assaulting someone with the intent to harm is usually a criminal act but in self-defence it is not a crime if reasonable force is used
The social definition of criminal behaviour
Give an example of a harmful act that is not criminal
low levels of pollution
Give an example of a trivial act that is against the law
Tax evasion
Explain how different views can affect whether an act is seen as criminal
The public often have a different view of what acts are really crimes, compared with the legal definition. For example, someone may dodge fares and not see themselves as a criminal but others may.
How does law enforcement affect the definition of crimes?
Not all criminal laws are enforced eg white collar crimes. This may cause some people to believe that these acts are legal when in reality they aren’t.
Explain how laws and law-making may be affected by groups in society
Not all acts that people believe should be criminal actually have laws passed around them. The actions that get made illegal depends on who has the power to Influence the law makers like the media, campaign groups and businesses
Seriousness of the offence
What are summary offences?
Less serious crimes like speeding. Tried by magistrate courts
What are indictable offences?
More serious crimes like rape and murder. Tried by crown courts
Court sanctions - Custodial sentences
What determines the length of a custodial sentence?
The type of crime
When can prisoners serving a life sentence apply for parole?
After 15 years
What is an indeterminate sentence ?
A sentence with no specific release date
When are indeterminate sentences imposed?
They are imposed when the offender is a danger to the public
Community sentences
Give some examples of a community sentences
Probation, curfews, drug testing, community payback ( doing unpaid work in the community eg cleaning off graffiti
What three factors determine the size of the fine?
Seriousness of the offence, Whether it is a repeat offence and whether the offender can pay
What Is a conditional discharge?
Involves the offender not committing further offences for a certain period and if they do they can be sentenced
What is an absolute discharge?
The offender is technically guilty but cannot be punished as the sentence is not appropriate eg self defence
Police sanctions
What is a caution and when are they used?
Warnings given to anyone over 10 who commits a minor offence, given by police or CPS
What is a conditional caution?
The offender has to stick to certain rules and restrictions if not they will be charged
What are ‘penalty notices for disorder’?
They are issued for minor offences. The offender will not be convicted if they pay the penalty.
What are the other consequences of committing criminal acts?
- Exclusion from certain jobs eg teaching
- could be placed on violent or sexual register
- may be banned from travelling to certain countries
- may not be able to adopt, run for office or go on jury duty
Media sentencing
What is the most important thing judges consider when sentencing?
That the punishment fits the crime
What do judges and magistrates use to decide sentences?
Sentencing guidelines
What are the 8 things Judges and magistrates consider when giving sentences?
- seriousness eg if someone robs a house with a knife compared to stealing a wallet
- harm eg physical or mental damage to victim
- offender level of blame eg planning offence or targeting someone
- previous convictions
- personal circumstances eg if the offender looks after dependent relatives
- remorse of the offender eg offender may have shown they are sorry
- guilty pleas eg if an offender pleads guilty they will get a reduced sentence
- which sentence will change offenders behaviour
What are the 4 main types of sentence?
Prison, community sentence, fine and discharge
Media sentencing PT2
Why is prison used as a punishment?
The crime Is so serious or the offender’s record is so bad or no other punishment will do
How much time will someone spend in jail?
1/2
What do community sentences include?
- Unpaid work eg painting or cleaning
- Treatment for issues eg drug addictions
What determines the level of a fine?
Seriousness of the offence and how much money the offender has
What is a Discharge?
For less serious offences when the court experience is said to be enough punishment for the offence. However, it can come with conditions that if broken you will be sentenced for the original offence
Acts that are both criminal and deviant
Why are some acts considered criminal but not deviant?
Not every act that is classified as a crime is particularly serious, some are regarded as not particularly deviant. For example, possession of cannabis is criminal but it is widely accepted and not regarded as bad behaviour. However, society is often divided on whether a crime is deviant. For example, some may see possession of cannabis as morally wrong and thus deviant.
Why are some acts considered deviant but not criminal?
Some acts that people see as deviant are not always crimes. For example, although homosexual acts are legal in the UK some people still see it as morally wrong and deviant. This often arises when social attitudes are changing. Attitudes may change around behaviour that was once illegal and seen as deviant. Some people may now see it as acceptable and this may lead to a change in law. However, at the same time others may still see it as deviant like abortion and homosexuality.
