Unit 2 - Criminological Theories Flashcards
criminal behaviour (social definition)
action which goes against community norms
criminal behaviour (legal definition)
harmful act against the law therefore punishable by state in criminal proceedings. must have actus reus and a mens rea
actus reus
guilty act
mens rea
guilty mind
what are formal sanctions against criminals
penalties law hands out to those convicted of a crime
formal non-court sanctions against criminals
- cautions
- conditional cautions
- penalty notices
cautions (formal non-court sanctions)
cautions: administered for minor crimes (spraying graffiti) - not a criminal conviction
conditional cautions (formal non-court sanctions)
conditional cautions: cautions administered by police with restrictions set in place (eg. repairing damage to property)
penalty notices (formal non-court sanctions)
penalty notices: given for shoplifting/possessing cannabis. penalty notices only given if 18 or over.
formal court sanctions against criminals
- custodial sentences
- community sentences
- fines
- discharge
custodial sentences (formal court sanctions against criminals)
custodial sentences: immediately sent to prison. mandatory
community sentences (formal court sanctions against criminals)
community sentences: combination order (unpaid work, probation, curfew)
fines (formal court sanctions against criminals)
fines: financial penalties (vary)
discharge (formal court sanctions against criminals)
discharge: either conditional/given alternative sentence/absolute (if defendant reoffends during set time given alternative sentence, or absolute when defendant guilty but morally blameless)
police sanctions (formal non-court sanctions)
- cautions (warnings, 10+, minor offences only)
- conditional cautions (set of conditions put in place alongside caution)
- penalty notices (for minor crimes, no conviction, pay penalty)
other implications of committing a criminal act
- exclusions from jobs
- placed on Violent and Sex offenders Register
- banned travelling certain countries
- restrictions on adoption
deviance
behaviour that goes against societal norms
(deviance) norms, moral codes, values
unwritten rules of acceptable behaviour
(eg. UK mourning colour black, China mourning colour white)
informal sanctions against deviance
- frowning upon behaviour
- labelling behaviour
- ignoring behaviour
formal sanctions against deviance
- fines
- imprisonment
- detention
forms of deviance
- admired behaviour
- odd behaviour
- bad behaviour
- some acts deviant not criminal (cross-dressing)
- some acts criminal not deviant (watching movies on illegal sites)
- some acts both (murder)
What is the impact of reporting on public perceptions of crime and deviance?
news dramatic portrayal can distort public understanding and lead to misconceptions = shape public opinion and increase support for harsher penalties
strict liability
mens rea (guilty mind) not required. factory owner negligent + fails to safegaurd dangerous machinery
self defence
assaulting someone (actus reus - guilty act) with intention to harm (mens rea - guilty mind) if done in self defence means person cannot be found guilty
how has capital punishment changed over time
- 18th century: executing someone as punishment in practice (pick pockets, shooting rabbits)
- law made by rich to protect property
- view faded
- people given equal rights and opportunity to progress in society
- cases of miscarriages of justice