Criminology-Unit2
- Created by: shannonsmillie30
- Created on: 12-01-20 13:51
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- AC 1.1
- Definition of Crime
- Social Definition: behaviour that offends the social "norms" of society. If society says an act is a crime, it becomes one
- Issues with this Definition: some crimes are usually universally disapproved but some crimes are different in different countries
- Example: in Bangladesh, forced marriages exist, where children, as young as 12, must become child brides
- Issues with this Definition: some crimes are usually universally disapproved but some crimes are different in different countries
- Legal Definition: an act that is considered forbidden and punishable by law
- Actus Reus: guilty act
- Mens Rea: guilty mind
- Issues with this Definition: there are some offences of strict liability that do not require mens rea. Sometimes just because both elements are present, an offence like self-defence, could mean a person is not found guilty
- Social Definition: behaviour that offends the social "norms" of society. If society says an act is a crime, it becomes one
- Aims of Punishment
- Reparation: to repay or make up for the wrong done
- Protection: to protect/guard the community from further harm
- Vindication: to show people that they should have respect for the law and highlight the consequences of breaking the law - the law is right
- Justice: to seek fairness
- Deterrence: to discourage people from breaking the law
- Reform: to change the character of the offender for the better
- may involve rehabilitation or teaching new skills
- Sanctions
- Sentencing Will Depend On: seriousness of crime, harm, blame, previous convictions, personal circumstances or remorse/guilt
- Non-Court Sanctions: cautions, conditional cautions, community resolution and penalty notices
- Cautions: given to someone over the age of 10. Administered by the police for minor crimes. You have to admit to the crime before you are cautioned - if you don't, you could be arrested
- Conditional Cautions: are given by the police. The offender must agree to conditions or restrictions of the caution - if they don't stick to the condition, they will be charged with a crime
- Community Resolutions: can be given to anyone aged 10+. Offender must admit to guilt and consent to receive the resolution. Can be used for less serious crimes and allows victims to get closure quickly and the offender justice
- Penalty Notice: for disorder are given for offences such as shoplifting or possessing cannabis. Only given if you are aged 18+. You will have to sign the PN ticket and you wont get a criminal conviction if you pay the penalty
- Court Sanctions: custodial sentences, community sentences, fines, discharge
- Custodial Sentence: immediately sent to prison. There are indeterminate and determinate sentences
- Indeterminate: no set release date, have to spend a tarrif in prison before release is considered, Parole Board decides if and when prisoner gets released. These sentences are often given if the court feels the offender is a threat to society
- Determinate/ fixed term: generally released 1/2 way through for good behaviour. If conditions of release are broken and they commit more crime, the offender will go back to prison
- Community Sentences: can be a combination order including unpaid work, probation, curfew and orders such as drug testing and treatment
- Combination Order: a sentence of the court that combines a probation order and a community service order
- Probation: means you are serving you sentence but not in prison
- you could be put on probation if you are serving a community sentence or have been released from a fixed term sentence on a license. you will have regular meetings with a probation worker
- Curfew: an order which specifies a time when certain regulations apply
- Fines: financial penalties: the amount will depend on the severity of the crime and the financial circumstances of the offender
- Discharge: the court decides that given the character of the offender and the nature of the crime, punishment will not be appropriate
- Absolute Discharge: no further action is taken - either the offender was very young, or the court considers that the experience of court was a big enough deterrence - will receive criminal record
- Conditional Discharge: the offender is not sentenced for the offence unless another crime is committed
- Custodial Sentence: immediately sent to prison. There are indeterminate and determinate sentences
- Deviance
- Types of Deviance
- Societal Deviance: an act which most of society would agree is not classed as part of normal behaviour
- e.g. facial tattoos
- Concealed Deviance: an act which no one sees, something which a person can keep hidden away - still considered not part of society's set of norms
- e.g. hoarding
- Situational Deviance: an act that is only considered deviant in the culture you live in at that time - may not be considered deviant in other societies
- Collective Deviance: shared by a group of people that does not conform to what is considered social norms - they will follow sets of norms they have created themselves within their own subculture
- e.g. EDL
- Societal Deviance: an act which most of society would agree is not classed as part of normal behaviour
- Sanctions against deviance
- Informal: frowning upon behaviour, name calling, ignoring, stereotyping, mocking them
- Formal: detentions in school, some deviant behaviour is criminal so formal legal sanctions will be given
- Types of Deviance
- Comparison of Criminal and Deviant Behaviour
- some acts are deviant but not criminal
- some acts are criminal but not deviant
- some acts are both ciminal and deviant
- murder
- ****
- drugs
- music piracy
- flying a kite in a park
- some acts are both ciminal and deviant
- e.g. facial tattoos or piercings
- nose picking
- some acts are criminal but not deviant
- some acts are deviant but not criminal
- Definition of Crime
- Norms: our behaviour and actions. Influenced by society's expectations - they keep in check deviant behaviour - can vary from culture to culture
- e.g. in the UK it is traditional to wear black to funerals but in China they wear white
- Moral Codes: morals or good ways of behaving. They can stem from religious frameworks or the belief in other systems - breaking a moral code would be considered serious in society
- e.g. muder would be seen as serious in society
- Values: are principles and beliefs about what is most important
- e.g. respect for the ekderly
- 3 forms of deviant behaviour (not always negative)
- Admired Behaviour: deviant but admirable
- e.g. the suffragettes
- Odd Behaviour: being different from what is considered the norm
- e.g. living with many cats
- Bad Behaviour: deviant because it is wrong
- e.g. assulting a pensioner
- Deviance
- Types of Deviance
- Societal Deviance: an act which most of society would agree is not classed as part of normal behaviour
- e.g. facial tattoos
- Concealed Deviance: an act which no one sees, something which a person can keep hidden away - still considered not part of society's set of norms
- e.g. hoarding
- Situational Deviance: an act that is only considered deviant in the culture you live in at that time - may not be considered deviant in other societies
- Collective Deviance: shared by a group of people that does not conform to what is considered social norms - they will follow sets of norms they have created themselves within their own subculture
- e.g. EDL
- Societal Deviance: an act which most of society would agree is not classed as part of normal behaviour
- Sanctions against deviance
- Informal: frowning upon behaviour, name calling, ignoring, stereotyping, mocking them
- Formal: detentions in school, some deviant behaviour is criminal so formal legal sanctions will be given
- Types of Deviance
- Admired Behaviour: deviant but admirable
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