AC 1.1 - Compare criminal behavior and deviance Flashcards
What is the legal definition of a criminal behavior
any behaviour forbidden by law and the behaviour MUST be made up of two elements:
Actus reus - a guilty act
Mens rea - a guilty mind
What are the exceptions to actus rea and mens rea
Strict liability: holds a defendant responsible for their actions regardless of their intent at the time of the action- mens rea is not required
Self-defence: Assustiling someone with the intent to harm would usually be a crime BUT in self-defence, this is not the case as long as the force used was considered to be reasonable
What is the social definition of criminal behaviour
An act which offends society
Classifying crime - by seriousness -
What are the two main types of offences
- Summary offences (less serious ), tried in magistrates
- Indictable offences - e.g rape/murder and are tried in Crown court
Classifying crime - subject matter of offence - what are the main characteristics of indictable offences
Main characteristics of indictable offences:
Violence against the person: e.g murder and assault
Sexual offences: e.g rape
Offences against property: e.g theft and robbery
Fraud and forgery: e.g frauds by company directors
Criminal damage: e.g arson
Drug offences e.g supplying heroin
Public order offences: e.g riot and violent disorder
Formal sanctions against criminals - court sanctions - name 3 examples of court sanctions
custodial sentences
community sentences - restrictions e.g curfews, drug testing, community payback, fines
discharge - offender committing no further offence for a given period - not classed as a conviction
Formal sanctions against criminals - police sanctions - name 3 police sanctions
Caution - warnings
Conditional caution - stick to certain rules + regulations e.g going for treatment for drug abuse
Penalty notices - pay penalty or go to court
