Unit 2 - AC 1.1 - Criminal and Deviance Flashcards
(19 cards)
Define Values
Define Norms
Values: Principles and guidelines that teaches us what’s right and wrong and how we should live our lives, while conforming to values.
Norms: The specific standards, generally set by the society, that governs an individual’s behaviour in order to make them fit into the society and be socially accepted.
Define moral codes
Examples of moral codes?
A set of rules, values and principles that an individual or the society lives by, which is considered to be very important.
They are also known as ethical codes.
- accountability
- fairness
- leadership
- respect
- honesty
These can be formally written too
Define deviance
Describe different forms of deviant behaviour
Deviance refers to the abnormal and unusual behaviour, which can be considered as either positive or negative.
Forms of deviant behaviour:
- unusual and good; saving someone’s life
- unusual and eccentric or bizarre; talking to yourself
- unusual and bad or disapproved; physical assault
Why are some people stereotyped as deviant while others are not?
Media, moral panic
Some people have prejudice views about specific group people and stereotype them as deviant individuals, mainly because of the media representation of the certain people as media calls out on them very distinctly. This is done through the catchy style of headlines the articles have, which creates moral panic within the society and towards the specific individuals.
What are formal sanctions?
What are the formal sanctions against deviance?
They are placed by the official bodies (schools, police, companies) because a formal, written rule or law has been broken.
Against deviance - fines, imprisonment, schools excluding the student
What are informal sanctions?
What are the informal sanctions against deviance?
When rules are not formally written down and have been broken or disregarded.
Against deviance - labelling the deviant behaviour, telling the individual off,
children being grounded by their parents
What are Positive sanctions?
These refer to the rewards given for excellent behaviour that is well-approved, especially by the societies and schools. They can be formal and informal.
Sanctions include giving medals, certificates and praises and promotion in work.
What is the social control?
All sanctions are forms of social control.
Define criminal behaviour
State the 2 elements required to consider an act as crime
Someone conducts an act which is forbidden by the criminal law.
- Actus reus, which is the ‘guilty act’. It can also include if someone failed to do an act that could potentially save the life.
- Mens rea, which is the ‘guilty mind’. The decision/intention to do something and being reckless (knows the consequences but still attempts to do it.
What are the two exceptions to the requirement for criminal behaviour in order to consider an act as crime?
-
Strict liability - this is when the mens rea is not needed as the physical act (actus reus) is enough for it be considered as a criminal offence.
Most are regulatory offences (offences that weren’t intented to make), like speeding or watching TV without licence. - Self-defence - if actus reus and mens rea is committed in self-defence, it’s not considered as crime IF the force was reasonable and necessary at that time.
What is the social definition of criminal behaviour?
examples?
Is how the society views and labels criminal behaviour; Some acts are considered as criminal acts while the criminal law doesn’t and vice versa.
Not all harmful acts are criminal
- Speeding
- users of soft drugs
- cheating in a relationship
- Anti-pollution laws
What influences the creation and enforcement of laws?
The power to influence law-makers can come from the media, campaigning pressure groups, or big business.
What are the criminals acts based on?
(how are criminal acts categorised?)
Seriousness of the offence:
- Summary offences - less serious offences; speeding, under-age drinking
(tried in magistrate court)
- Indictable offences - more serious offences; rape, murder
(tried in crown court)
Subject matter of the offence:
A crime that’s classified in terms of nature of the act.
- sexual offence
- offences against porperty
- fraud and forgery
- criminal damage
- drug offences
What are the formal sanctions against criminals?
Court Sanctions:
- custodial sentences - imprisonment or detention in a young offenders insituition; prisoners got mandatory life sentence for murder.
Prisoners released on licence, can be arrested again for another crime
Till 2012, the courts could impose indeterminate sentences (doesn’t know how long the sentence is) if the offender is a danger to the public.
- community sentence - served in the community - curfews, probation orders, attending programs, drug testing.
- Penalty sentences - fines
Police sanctions:
- Warnings given by police or crown prosecution service for those aged 10 or above and it’s a low level first time offence.
This isn’t labelled as crime but can be used as an evidence of a bad character
The offenders can face other implications like exclusion from certain occupations like not being able to work with younger people, prohibited from travelling to a country or may need a special visa.
Define conditional discharge
Define absolute discharge
Conditional - it’s involves the offender committing no further offence for a given period. If the offender does, they will be sentenced for the first and the second crime.
Absolute - doesn’t have any conditions attached.
Define conditional cautions
The person must follow the rules and restrictions, failure to do this then thye will be sentenced.
What do judges and magistrates have to consider when deciding on a sentence?
State 3 points
- seriousness of the crime. Burgler with a knife is more serious than offender who stole from the window.
- harm caused to the victim. £1 million stolen vs a phone
- the quicker they admit to the offence, the shorter the sentence
- whether they are an ex-offender. Judges are more harsh to them compared to first time offenders
- how remorseful and guilty the offenders feel. treated less harshly compared to someone who shows no sympathy
Why is prison used as a punishment?
It isolates the offender from the world, giving them an opportunity to reflect on their actions. It takes away their freedom, social and support network, and has detrimental impacts on their identity.
What is a discharge?
When a minor offence is committed and the court doesn’t sentence the offender, despite declaring them as guilty.
