topic 1.1 - Compare criminal behaviour and deviance

Question 1

What are values?

Answer 1

Values are general principles or guidelines for how we should live our lives. They tell us what is right and wrong, good and bad.

Question 2

What are norms?

Answer 2

While values lay down general principles or guidelines, norms are specific rules or socially accepted standards that govern peoples behaviour in particular situations.

Question 3

What is an example of a value that is found in all societies?

Answer 3

respect for human life

Question 4

What is an example of a value that may be specific to particular societies?

Answer 4

Societies such as the UK and USA place a high value on individuals accumulating personal wealth, which is seen as a worthy goal to pursue where as many traditional societies such as those of Native America place a high value on the duty of individuals to share their wealth in their group.

Question 5

What are moral codes?

Answer 5

the term ‘moral codes’ is often used to describe a set of basic rules, values and principles held by an individual, group, organisation or society as a whole.

Question 6

What is an example of a moral code which is written down?

Answer 6

The police code of ethics is a written guide to the core principles and standards that officers are expected to uphold in their work. The police code lays down 9 principles.

Question 7

What is deviance?

Answer 7

Deviance is any behaviour that differs from normal. In other words it is behaviour that is unusual, uncommon or out of the ordinary in some way.

Question 8

What are the 3 different ways something can be deviant?

Answer 8

1) behaviour that is unusual and good. 2) behaviour that is unusual and eccentric or bizzare 3) behaviour that is unusual and bad or disapproved of (most relevant to criminologists)

Question 9

Why is ‘behaviour that is unusual and bad or disapproved of’ the type of deviance most relevant to criminologists?

Answer 9

This type of deviance involves doing something which is forbidden and regarded as unacceptable. It involves breaking a rule or norm of some kind. This rule breaking leads to a critical, hostile or disapproving reaction from others. These ‘others’ might be society as a whole or a sub -group within society and their reaction may involve punishing the deviant in some way .

Question 10

Forms of deviance

Answer 10

societies have many different rules and therefore deviance, which involves breaking these rules can take many different forms. These can range from extremely serious acts such as rape, murder or arson to very trivial things such as queue- jumping

Question 11

Formal sanctions against deviance

Answer 11

formal sanctions are the ones imposed by official bodies such as the police, courts, schools or other institutions. They are punishments for breaking formal written rules or laws. For example, courts may fine an offender for theft or schools may exclude a pupil for bullying.

Question 12

Informal sanctions against deviance

Answer 12

informal sanctions are used when the rules are not formally written down and are perhaps ‘unspoken’. When someone breaks these rules others show their disapproval in informal ways such as refusing to speak to them, telling them off, a slap on the wrist ect.

Question 13

Positive sanctions

Answer 13

sanctions can also be positive, such as rewards for behaviour that society approves of. Examples include medals of bravery or for sporting achievement.

Question 14

The legal definition of criminal behaviour

Answer 14

In law criminal behaviour is any action that is forbidden by the criminal law. For a court to consider a defendant’s action a crime, the actions must formally have 2 elements: actus reus and mens rea.

Question 15

what is actus reus?

Answer 15

latin term for ‘a guilty act’

Question 16

what is mens rea?

Answer 16

meaning a ‘guilty mind’

Question 17

The legal definition of criminal behaviour - strict liability

Answer 17

in some cases, mens rea is not required - the wrongful act alone is enough to convict someone. Many health and safety laws operate on this basis.

Question 18

The legal definition of criminal behaviour - strict liability - example

Answer 18

A factory owner who is negligent and fails so safeguard dangerous machinery is liable for the injuries to workers resulting from this even if the owner had no bad intentions

Question 19

The legal definition of criminal behaviour - self defence

Answer 19

assaulting someone (an actus reus) with the deliberate intention to harm them ( a mens rea) is usually a criminal act. However, if it is done in self defence it is not a crime - so long as the force used was reasonable for the situation.

Question 20

The social definition of criminal behaviour

Answer 20

although law does define many harmful acts as crime not all harmful acts are in fact criminal. For example: anti-pollution laws often specify how much of a pollutant a firm can legally emit, even though this may still harm the environment. and not all criminal acts are particularly harmful. Many trival or victimless acts are still crimes. Rather than relying on the legal definition alone we can gain a better understanding of criminal behaviour by considering how it is defined socially. This includes 3 aspects:.

Question 21

The social definition of criminal behaviour - differing views

Answer 21

The public often have a different view on what acts are ‘really’ crimes, as compared with the legal definitions of crimes. for example users of soft drugs may not see themselves as criminals.

Question 22

The social definition of criminal behaviour - law enforcement

Answer 22

not all criminal laws are enforced, some come low on the list of priorities for the police for example white collar crimes are usually complex, costly and time consuming to investigate and prosecute.

Question 23

The social definition of criminal behaviour - law making

Answer 23

not all acts that people think ought to be made into crimes have laws passed against them. Which actions get officially made illegal often depends on who has the power to influence the law-makers such as the media, campaigning pressure groups or big businesses. Sometimes laws are changed to reflect changes in public opinion with some actions being decriminalised and other previously legal ones being redefined as crimes e.g stalking did not become a specific offence until the protection of freedoms act was passed in 2012.

Question 24

acts that are criminal - seriousness of the offence

Answer 24

in the UK, the law distinguishes between 2 main types of offence: summary offences and indictable offences. In the past English law used to make a distinction between misdemeanours (minor crimes) and felonies (serious crimes). This distinction is still used in the USA.

Question 25

acts that are criminal - seriousness of the offence- summary offences

Answer 25

they are less serious offences such as speeding. They are trailed by magistrates.

Question 26

acts that are criminal - seriousness of the offence- indictable offences

Answer 26

are more serious offences such as rape or murder. They are tried in a crown court before a judge or jury. The sentences that can be imposed are more severe.

Question 27

acts that are criminal - subject matter of the offence

Answer 27

we can also classify crime in terms of the nature of the act itself. For example it is a crime of violence or one of dishonesty. These are 3 of the main categories of indictable offences: public order offences, drug offences, fraud and forgery.

Question 28

Formal sanctions against criminals - court sanctions - custodial sentences

Answer 28

serious offences can be punished with custodial sentences or imprisonment or detention in a young offender institution. The length of the sentence can vary from a matter of days up to life imprisonment for murder. Up until 2012 courts could also impose indeterminate sentences (ones with no specific release date) if the offender was a danger to the public. and the parole board decided when they were fit to be released.

Question 29

Formal sanctions against criminals - court sanctions - community sentences

Answer 29

these are served in the community rather than in jail. They include probation orders, restrictions such as curfews and attendance or anger management courses, mandatory drug testing and treatment order and community payback ( doing un-payed work for the community)

Question 30

Formal sanctions against criminals - court sanctions - community sentences - fines

Answer 30

fines are financial penalties. The size of the fine depends on the seriousness of the offence, whether it is a repeat offence and the offenders ability to pay. Offenders may be able to pay in instalments.

Question 31

Formal sanctions against criminals - court sanctions - community sentences - discharge

Answer 31

a conditional discharge involves the offender committing no further offences for a given period. If they commit an offence during this period the court can impose a sentence for the original offence as well as for the new one, The court may grant unconditional or absolute discharge where the defendant is technically guilty but where punishment would be inappropriate. It is not classed as a conviction

Question 32

Formal sanctions against criminals - court sanctions - police sanctions

Answer 32

in the case of minor offences the police can sanction offenders without going to court by issuing cautions or penalty notices

Question 33

Formal sanctions against criminals - court sanctions - police sanctions - cautions

Answer 33

cautions are warning that can by given by the police or crown prosecution service to anyone aged 10 or over for minor crimes such as graffiti they are intended for low level, first time offending and you must admit to the offence and agree to be cautioned. You can be arrested and charged if you do not accept the caution.

Question 34

Formal sanctions against criminals - court sanctions - police sanctions - conditional cautions

Answer 34

mean you have to stick to certain rules and restrictions such as going for treatment for drug abuse. If you break the conditions you could be charged with a crime

Question 35

Formal sanctions against criminals - court sanctions - police sanctions - conditional cautions

Answer 35

means you have to stick to certain rules and restrictions such as going for treatment for drug abuse. If you break the conditions you could be charged with a crime

Question 36

Formal sanctions against criminals - court sanctions - police sanctions - penalty notices for disorder

Answer 36

can be issued for minor crimes such as shoplifiting or possesion of cannabis. You wont get a conviction if you pay the penalty. if you disagree with the penalty notice you can go to trial instead.

Question 37

Other implications for committing a criminal act.

Answer 37

as well as the punishments by the court the offender may also receive a criminal record depending on the offence and the courts sentence, there may also be other implications such as exclusion from certain occupations or the may be placed on the violent and sex offender register.