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criminology > mrs west unit 2 - done > Flashcards

mrs west unit 2 - done Flashcards

1
Q

define formal sanctions against crime

A

Punishments for breaking formal written rules or laws given by official bodies such as the government

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2
Q

who are formal sanctions imposed by?

A

official bodies such as the government or police

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3
Q

give an example of a formal sanction

A

a fine for theft, exclusion from school for bullying

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4
Q

what are informal sanctions?

A

given when an act breaks a rule thats not formally written down or is perhaps unspoken

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5
Q

give an example of how an informal sanction may be shown?

A

refusing to speak to them, telling them off

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6
Q

sanctions are forms of…

A

social control

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7
Q

Sanctions can be positive, they are generally a reward for behaviour that society approves of, give an example of a positive sanction

A

a medal for bravery or from a sporting achievemnt, praise from a parent or teacher

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8
Q

what is the legal definition of criminal behaviour?

A

Any action that is forbidden by the criminal law

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9
Q

what is the social definition of criminal behaviour?

A

Crimes are acts that break a set of norms

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10
Q

For a court to consider a defendant’s actions to be a crime, the action must have two elements, what are they?

A

Actus reus – which is Latin for a guilty act
Mens rea – meaning a guilty mind

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11
Q

crime as a concept is….

A

socially constructed

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12
Q

what does crime being a socially constructed idea mean in terms of the social definition of crime?

A

it means that what people consider to be a crime differs, some may consider smoking cannabis a crime but others may see it as normal behaviour

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13
Q

what does mens rea mean?

A

a guilty mind

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14
Q

give an example of deviance that is unusual and good

A

running into a burning building to save someones life

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15
Q

give an example of deviant behaviour that is unusual and eccentric or bizarre

A

owning 40 cats or keeping curtains and blinds closed in the day

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16
Q

give an example of deviant behaviour that is unusual and bad or disapproved of

A

physically attacking somebody for no reason

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17
Q

Assaulting someone with the deliberate intention to harm them is usually a criminal act unless what?

A

it was done in self defence

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18
Q

if an attack was done in self defence, what has to apply for it not to be a crime?

A

the force used to defend themselves has to be reasonable

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19
Q

Mens rea (guilty mind) is not always required, the wrongful act on its own can be enough to secure a conviction - explain what this means

A

it means that even if the person responsible did not intend to harm, they are still liable

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20
Q

give an example of a situation where mens rea may not be present but the person is still liable

A

a factor owner is liable if he fails to safeguard dangerous machinery that injures someone – even if he did not intend to harm them

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21
Q

what offences are punsished with custodial sentances?

A

serious offences

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22
Q

what are custodial sentances?

where are they served

A

sentances served in a prison or young offenders institution

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23
Q

what are community sentances?

where are they served

A

they are served in the community rather than jail

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24
Q

name at least 2 restrictions a community sentance may include

A

curfews, attendance on anger management courses, mandatory drug testing and treatment orders and community payback

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25
what are police cautions?
Cautions are warnings that can be given by the police or CPS to anyone aged 10 or over for minor crimes such as graffiti
26
what is a conditional caution?
Conditional cautions mean you have to stick to certain rules and restrictions, such as going to treatment for drug abuse
27
what are penalty notices?
Penalty notices for disorder can be issued for minor crimes such as shoplifting or possession of cannabis
28
if you pay the penalty for the penalty conviction...
you will not get a conviction
29
name at least 2 other implifications of a criminal offence
1. exclusion from certain occupations eg working with children 2. may be placed on the sex offender register 3. may be banned from certain places or require a special visa
30
what is polygamy?
The practice of having more than one wife/husband at the same time
31
what is the punishment for polygamy in the UK?
you can serve up to 7 years in prison
32
what is the difference between Polygyny and Polyandry?
Polyandry - having two or more husbands at one time polygyny - having two or more wifes at one time
33
in how many countries is polygyny legal?
Polygyny is legal in 58 countries
34
although in many muslim countries polygamy is legal they....
place restrictions on it
35
why do laws on polygamy vary in different places?
1. religion - The Qur’an permits Muslim men to take up to 4 wives, in the USA mormons used to practice it and some still do illegally 2. Tradition - Polygamy has traditionally been practiced by some African societies
36
what is homosexuality?
Sexual acts between members of the same sex
37
is homosexuality legal in the uk, if so when was it legalised?
yes - it was legalised in the UK in 1967
38
what did the 1967 homosexuality law state?
1967 the Sexual Offences Act was passed which decriminalised private homosexual acts between men aged over 21
39
name 3 countries where homosexuality is legal
indonesia, france, spain, Uk
40
in how many countries is male homosexuality illegal in?
Male homosexuality is illegal in 72 countries
41
in how many countries in female homosexuality illegal in?
Female homosexuality is illegal in 45 countries
42
in how many countries can homosexuality result in the death penalty?
In six countries, it can result in the death penalty
43
why do laws on homosexuality differ in different places?
1. religion 2. public oppinion 3. sexism
44
why may religion impact laws on homosexuality?
Countries where religion has a strong influence over law making are more likely to have laws making homosexuality a crime
45
why might public opinion cause differences in laws on homosexuality?
in some countries where religion has a strong influence the public have a negative view of homosexuality so there is more likely to be policies against homosexual acts
46
why may sexism cause differences in homosexuality laws?
The fact that male homosexuality is crime in more countries than lesbianism may be due to sexist assumptions by male law makers that women cannot feel same sex attraction
47
when was FGM made illegal in the uk and what act was it made illegal in?
FGM was made illegal in the uk in 1985 in the prohibition of FGM act
48
what punishment can you get for FGM?
5 year prison sentance
49
why are laws on FGM different from place to place?
1. public opinion 2. tradition
50
why may public opinion cause laws on FGM to be different from place to place?
in many places FGM is viewed as child abuse so there have been laws put in to stop FGM but some places see FGM as a positive thing which also links to tradition
51
name 2 places which still practice FGM
ethiopia and egypt
52
why may tradition play a role in FGM laws being different from culture to culture - **the specific reasons why FGM may be praticed due to religion
1. many belive FGM is a rite of passage into womanhood 2. some believe it is a preservation of a girls virginity 3. percieved health benefits
53
# laws which have chnaged over time what two events have caused gunlaws to be changed in the UK
Hungerford and Dunblane mass shootings
54
what else may have caused gun laws to change in the uk?
-campaigns -public outcry because of the Dunblane and Hungerford shootings
55
what two campaigns can be linked to the changing laws on guns in the UK?
1. gun control network - set up by family and laws of victims 2. snow drop campaign - organised by family and friends of the Dunblane massacre
56
what happened in the 1968 firerms act in the uk?
probhibited possesion of firearms or ammo by criminals which had been sentanced
57
what happened in the 1988 firearms act?
introducted restrictions on most types of guns including who could have them and where they could have them
58
what did the 1997 firearms act do?
it made it illegal to own a hand gun except for some sporting and historical reasons
59
why may laws on homosexuality have changed over time?
1. campaigns 2. human rights
60
what campaigns can we link to the changing of homosexuality laws in the uk?
1. the stonewall campaign 2. camapign for homosexual equality
61
what were stonewall and campaign for homosexual equality sucessful at changing in the law?
they got the age of consent to be equal with the heterosexual age of consent
62
when were homosexual acts made a crime in the uk?
1885 - all homosexual acts made a crime with maximum prison sentance being life
63
when were homosexual acts between men aged 21+ legalised? (when did homosexuality become legal)
1967
64
when was the age of consent for homosexuality reduced to be equal with hetrosexuality?
2000
65
when was abortion legalised - permitted to be carried out in certain circumstances?
1967
66
what happened in 1967 in relation to abortion laws in the uk?
the abortion act was passed which allowed doctors to carry out abortions in certain situations
67
in 1861 what was the punishment for performing an abortionon yourself or trying to self abort?
life sentance in prison
68
when did the NAC and ALRA merge to form abortion rights?
2003
69
why have laws on abortion in the uk changed over time?
1. human rights 2. campaigns / organisations 3. change in public opinion
70
what organisations have helped to campaign for changes in abortion laws?
womans equality, humanists UK and right to life
71
what are the three catagories in which ways the law can be applied differently due to circumstance?
1. age of criminal 2. situational factors and stereotypes 3. homocide defences
72
what are the three homocide defences?
1. diminished responsibility 2. loss of control 3. automatism
73
how many defences for homocide are there?
3
74
explain diminished responsibility as a homocide defence
if an defendant proves their mental condition impcted their judgement their conviction may be reduced to manslaughter
75
if a defendant pleads loss of contol or diminished responsibilty what could be the impact on the conviction
their conviction may be reduced to maslaughter
76
explain automatism as defence to manslaughter
the person may not have been conciously aware of their actions and it was an involuntary act
77
if someone pleads automatism as a homocide defence what could be the impact on their conviction
they may be found not guilty
77
what is the age of criminal responsibility in the UK?
10 years old
78
what is the age of criminal responsibility in Sweden and Finland?
15 years old
79
where is anyone from the ages of 10 to 17 tried for a crime in the UK
a youth court
80
what is different about a youth court?
they are less formal and the punishments differ - no child at this age can be sent to prison but they can be put into secure detention centres
81
how can moral panic as a situational factor impact the sentancing of a crime?
makes punishments more harsh as the courts demonise defendants and aggravate punishments
82
give an example of when moral panic impacted the punishments given
mods and rockers, london riots
83
what did Chambliss investigate to do with stereotypes in crime punishment
he investigated police attitudes and studied working class (roughnecks) and middleclass (saints)
84
what did chambliss find in his study of the roughnecks and saints
he found that even though both groups commited the same offences the roughnecks were punished more harshly than the saints
85
what did Pilivan and Barr find to do with situational factors affecting how the law is applied?
they found that situational factors can change a police officers decision in stopping a person
86
give an example of a situation factor that may impact if a police officer stops someone
time of day, class, age, ethnicity

criminology (6 decks)

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