Unit 2 - Criminological Theories Flashcards
Social Definition Of Crime
If the society has labelled an act as a crime it becomes one. Usually a wrong against the community. Varies between places.
Legal Definition Of Crime
Any action that breaks the law and can be punished by the legal system. The offender must have actus reus (have deliberately done the action) and mens rea (the intention to harm).
Non-Court Sanctions
Cautions. Conditional cautions. Penalty notices.
Caution
Given for minor crimes. Used where the offender has admitted to committing the crime.
Conditional Caution
A caution in which you have to agree to certain rules and restrictions. These restrictions can include mandatory AA meetings.
Penalty Notice
Given for offences such as possessing cannabis, drunk and disorderly and shoplifting. Can only be given to people aged 18+.
Court Sanctions
Custodial sentences (prison). Community sentences. Fines. Discharge.
Custodial Sentences
Immediate imprisonment. May be mandatory/discretionary life sentences, fixed term sentences or indeterminate sentences (where the term of imprisonment is not set)
Community Sentences
Can include unpaid work, probation and imposed curfew. May come with conditions such as mandatory AA meetings.
Fines
Financial penalties. Amount the offender is fined is determined by the seriousness of the offence and the offender’s financial situation.
Discharge
Can be conditional (if the offender reoffends within a time period they will be charged with the discharged offence AND the new offence) or absolute (no penalty is imposed for the offence either immediately or at any point in the future)
Norms
Social expectations of what to do. Varies between cultures.
Moral Codes
Morally good ways of behaving. Going against these would generally be considered serious.
Values
What people feel should happen. More general guidelines than norms.
Informal Sanctions Against Deviance
Being “frowned upon”. Insults. Grounding children.
Formal Sanctions Against Deviance
Fines. Imprisonment.
Forms Of Deviance
Admired behavior. Odd behavior. Bad behavior.
Deviance
A behavior that goes against the dominant social norms of society.
Admired Behavior
Deviance that is considered good.
Odd Behavior
Deviance that isn’t good or bad, just different.
Bad Behavior
Deviance that is considered bad.
Examples Of Deviant Behavior That Isn’t Criminal
Cross-dressing. Smoking. OCD.
Examples Of Criminal Behavior That Isn’t Deviant
Downloading music illegally online.
Examples Of Laws Being Different In Different Cultures
Adultery (legal in the UK, illegal in Saudi Arabia).
Honor crime (illegal in the UK, legal in Southern Asia).
Homosexuality (Legal in the UK, illegal in Saudi Arabia).
Reasons Laws Differ Between Cultures
Religion.
Considered taboo.
Politicians won’t oppose the dominant moral belief.
Example Of Laws Changing Over Time (CP)
Capital punishment, AKA the death penalty. In the 18th century capital punishment could be given for pickpocketing, a law made to protect the rich and hurt the poor. Offences worthy of capital punishment were reduced as human rights were introduced.
Example Of Laws Changing Over Time (DJ)
Double jeopardy. Meant people could not be tried twice for the same offence. Ann Ming’s campaign led to the change in law that people could be tried twice if new evidence was found.
Example Of Laws Changing Over Time (P)
Prostitution. Considered the world’s oldest profession. People used to believe people who became prostitutes were immoral. There are now calls for decriminalization, with legal prostitution areas already in existence (such as Holbeck).
Examples Of Laws Being Different In Different Places
Cannabis. Illegal in the UK. Legal in some USA states.
Jaywalking. Legal in the UK. Illegal in USA.
Female genital mutilation. Illegal in UK. Legal in the Middle East.
How Can Circumstances Change Law Application?
Age (Age 10 is the age of criminal responsibility in the UK).
Diminished responsibility, consent, self-defense and automatism.
Diminished Responsibility.
Changes a murder charge to a manslaughter charge. The crime has actus reus and mens rea but has specific circumstances, usually a loss of control.
Consent
Permission to commit the crime was provided. Makes the offender not guilty of the offence despite actus reus and mens rea. Can include military actions.
Self-Defense
The use of reasonable force. Makes the offender not guilty of the offence.
Automatism
The offender was not in control of their actions when the offence was committed. Makes the offender not guilty of the crime.
XYY Theory
Crime could be due to chromosomal abnormality. XYY is caused by an extra Y chromosome on the 23rd set of chromosomes (the set that determine gender). Suggested to be more violent than XY men. 15 XYY men per 1000 prisoners. 1 XYY man per 1000 out of prison.
Jacob et al. (1965) (XYY Theory)
Suggested that men with XYY were more aggressive than XY men.
John Wayne Gacy
Was suggested to have XYY syndrome. Sexually assaulted, tortured and killed at least 33 men in the USA.
Twin Studies
Suggest that an inheritable trait may increase the risk for criminal behavior, using data gathered from twins as evidence.
Monozygotic Twins (MZ)
Share 100% of DNA. Identical twins.
Dizygotic Twins (DZ)
Share 50% of DNA. Non-identical twins.
Concordance Rate
The frequency that both twins share a characteristic.
Johannes Lange (1929)
MZ twins have higher concordance for criminal behavior than DZ twins. 10/13 MZ had both been in prison. 2/17 DZ twins had both been in prison.
Christiansen (1977)
Studied 3,586 twin pairs from the Danish islands.
MZ twins - Male 35%. Female 21%.
DZ twins - Male 13%. Female 8%.
