Compare criminal behaviour and deviance
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Social definition If a society has said that an act is a crime, it becomes one.
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Legal definition In our society it is the legal system that defines a crime.
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Deviance
Norms, moral codes and values:
Norms
are social expectations that guide behaviour and explain why people act in a way that they do. Norms keep in check deviant behaviour. While it is expected behaviour, it could vary from one culture to another. For instance, in the UK we often wear dark sombre colours for a funeral but in China the colour of mourning is white.
Moral codes
are morals or good ways of behaving. Breaking a moral code would generally be considered serious in society, e.g. murder.
Values
are rules shared by most people in a given culture. It is what people feel should happen. They are more general than guidelines than norms e.g. most people would feel we should respect elderly people. |
Deviant & Criminal Acts
Deviant |
Both |
Criminal |
Shouting in a library |
Murder |
Keeping excess change given by mistake |
Smoking |
Stealing from a friend |
Robbery |
Hoarding newspapers |
Naked sunbathing |
Burglary |
Excessive washing of hands |
Theft |
Speeding |
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Formal Non-Court Sanctions against criminals:
Cautions
are administered by the police for minor crimes such as writing graffiti on a bus shelter. You have to admit an offence and agreed to be cautioned; otherwise you could be arrested for the offence. A caution is not a criminal offence.
Conditional cautions
are given by the police but you have to agree to certain rules and restrictions, such as receiving treatment for drug abuse or repairing damage top a property.
Penalty notices
for disorder are given for offences such as shoplifting, possessing cannabis, or being drunk and disorderly in public. You can only get a penalty notice if you are 18 or older. |
Informal & Formal sanctions against deviance
Informal sanctions:
- Frowning upon behaviour
- Name calling
- Ignoring behaviour
- Labelling behaviour
- Parents grounding a child
Formal sanctions:
- Fines
- Imprisonment
- Detention |
The classroom environment provides many examples of both formal and informal sanctions.
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Formal Court Sanctions against criminals:
Custodial sentences
are where you are immediately sent to prison. There are mandatory and discretionary life sentences and fixed term and indeterminate prison sentences.
Community sentences
can be a combination order including unpaid work, probation, curfew and orders such a shaving drug testing and treatment.
Fines
are financial penalties; the amount depends on the seriousness of the offence and the financial circumstances of the offender.
Discharge
can be either conditional, when if the defendant reoffends during a set time period the court can give an alternative sentence, or absolute, when no penalty is imposed as the defendant is technically guilty but morally blameless. |
How laws change over time
Capital Punishment - The practice of executing
someone as punishment for a specific crime after going through the legal proceedings, or a legal trial. In the 18th century there were over 200 offences for which the death penalty could be given; The crimes included pickpocketing and shooting rabbits. The laws were often focused on the poor who were viewed as lazy and the cause of their own misfortune. This view faded as all people were given rights and freedoms, and the opportunity to progress in society. Eventually capital punishment remained purely for the very serious crimes of murder and treason.
Laws against double jeopardy - The law regarding double jeopardy has changed over time. The law that prevented a person being tried again for the same offence was abolished for serious offences. The Court of Appeal may quash an acquittal
and order a retrial. This change was necessary as the law at the time was inadequate to bring justice. Technology and medical knowledge also became more advanced, allowing for certainty of evidence.
Laws concerning prostitution - Legal but many of the connected activities: soliciting
in a public area, kerb crawling
, or owning a brothel
are illegal. Previously prostitution had a stigma attached to it and the women involved were thought to be immoral due to the idea of having sex for money. Many women became prostitutes because it provided them a source of income at a time when they had few other options for other jobs. Society's view, however, slowly changed; there are now calls for it to become decriminalised with appropriate regulation. Society changed its view due to a decline in people believing in religion and an increase in moral tolerance.
Vagrancy - |
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Variety of criminal acts
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Fatal offences against the person Murder, manslaughter
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Non-fatal offences against the person Assault, battery, ABH and GBH
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Offences against the property Theft, robbery, burglary
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Sexual offences Rape, indecent assault
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Public order offences Riot, affray, violent disorder
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Drug offences Possession of a controlled drug or possession with intent to supply
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AC1.1 Key Terms
Actus Reas - Guilty act |
Mens Rea - Guilty mind |
Combination order - A sentence of the court that combines a probation order and a community service order |
AC1.2 Key Terms
Civil partnership - Legally recognised agreement for both same-sex couples and heterosexual couples |
Execute - To kill someone as a legal punishment |
Statute - An act of Parliament or legislation |
Miscarriage of justice - The conviction and punishment of a person for crime that they had not committed |
Acquittal - Verdict of a court when someone is found not guilty of a crime they have been charged with doing |
Soliciting - To offer sex for money, usually in a public place |
Kerb crawling - Driving slowly along a road, close to a pavement or walkway, in order to ask a prostitute for sex |
Brothel - A place where men go to pay to have sex with a prostitute |
Manslaughter - An unlawful killing, without malice or aforethought and in circumstances when it is not murder |
Diminished responsibility - A partial defence for murder resulting in a conviction for manslaughter instead of a murder |
Mandatory - Required by law |
Consent - A defence in law that proves permission was provided by the appropriate person for the crime to occur |
Self-defence - A defence in law allowing the use of reasonable force to avoid a conviction |
Automatism - A defence in law where the defendant is not in control of their actions |
Prostitution is known as the world's oldest profession.
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