1.1 Compare criminal behaviour and deviance

• What is deviance

  Any behaviour that differs from norms
• How can behaviour be unusual

  1. Behaviour that is unusual and good (Heroically risking your life).
  2. Behaviour that is unusual and eccentric or bizarre (Talking to the trees in the park).
  3. Behaviour that is unusual and bad or disapproved of (Physically attacking someone).
• What are formal sanctions?

  Sanctions imposed by official bodies such as the police, courts, schools and other institutions. Punishments for breaking formal rules or laws.
• What are informal sanctions?

  where rules are unspoken
• What are positive sanctions?

  rewards for behaviour society approves of
• What are negative sanctions?

  punishments for behaviour society disapproves of
• what are all sanctions a form of

  social control
• what is social control

  ways in which society seeks to control our behaviour and we ensure we conform to its norms and behave as others expect us to
• what are the two elements an action must have to be a crime

  actus reus - a guilty act

  mens rea - a guilty mind

  
  

  the defendant must have done something the law forbids and they must have done it with bad intentions
• any behaviour that is forbidden by the criminal law

  a criminal behaviour
• What are the two exceptions to a defendant doing something the law forbids with bad intentions

  Strict liability

  Self-defence
• what is strict liability

  in some cases intent is not required - the wrongful act on its own is enough
• what is self-defence

  as long as the force used was not unreasonable in a situation
• what are summary offences

  less serious offences (e.g. speeding), they are tried by magistrates
• what are indictable offences

  more serious offences (e.g. murder), they are tried in crown court before a judge/jury so more serious offences are imposed.
• what are the main categories of indictable offences

  • murder
  • rape
  • manslaughter
  • robbery
  • possession of firearm
  • causing death by dangerous driving
  • violence against a person
  • sexual offences
  • fraud/forgery
  • criminal damage
  • public order offences
  • drug offences
  • offences against property
• how would you decide on a sentence for a criminal

  • which crimes were most serious
  • what happen to victim
  • has justice been done
  • preventing reoffending
  • why did they do it
• what is the most important thing judges and magistrates should consider when sentencing

  make sure appropriate sentences are given for that crime
• what do judges and magistrates use to decide on sentencing

  sentencing guidelines
• although circumstances of crimes can be different, what always stays the same

  the way a judge decides a sentence
• what do judges and magistrates consider when deciding on a sentence

  • harm caused to victim
  • previous criminal record
  • personal circumstances
  • guilty pleas - how early they admit (lowers sentence by 1/3)
  • how serious offence is
  • offenders level of blame
  • remorse
  • what is most likely to stop them reoffending
• what are the four main types of sentence

  • prison
  • community sentence
  • fines
  • discharges
• why is prison used as a punishment

  used when offenders record is so bad that no other offences will do
• how much time will someone spend in prison

  half of their sentence - the rest on licence in the community (have to obey certain rules)
• what do community sentences include

  complete unpaid work (e.g. litter picking, cleaning graffiti) also includes drug treatments/addiction services

  40-300 hours
• what determines the level of a fine

  • the offenders income
  • considers seriousness of the offence
• what is a discharge and why are they sometimes used?

  Involves the offender committing no further offences. Used for least serious offences, where the thought of going through the process of a trial is enough - if reoffending they can be tried for 1st and 2nd crime.
• what are court sanctions

  • custodial sentences
  • community sentences
  • fines
  • discharge
• what is are custodial sentences (court sanction)

  • imprisonment or detention (young offenders)
  • length can vary from days to life
  • life sentences can usually apply for parole after 15 years, a longer minimum term can be applied
  • courts can impose indeterminate sentences if the offender is a danger to the public
• what are community sentences (court sanction)

  • probation orders, curfews, course attendance, drug testing, treatment orders, community payback
• what are fines (court sanction)

  • size depends on offence, whether it is a repeated offence and the offenders ability to pay.
  • offenders may be allowed to pay in instalments
• what is discharge (court sanction)

  • conditional discharge involves the offender committing no further offence for a given period
  • unconditional discharge (absolute) is where the defendant is technically guilty but punishment would be inappropriate - not classed as a conviction
• What are police sanctions

  • cautions
  • Conditional cautions
  • Penalty notices
• what are cautions (police sanction)

  • warnings that can be given by the police or CPS to anyone over 10 for minor crimes (e.g. graffiti)
  • you must admit to the offence to be cautioned and although its not a conviction it can be used as evidence towards your character if you go to court in the future
  • you can be arrested and charged if you don’t accept it
• What are conditional cautions (police sanction)

  • you need to agree to specific rules/restrictions (e.g. drug treatment)
• what are penalty notices (police sanction)

  • for minor crimes such as as shop lifting or possession of cannabis
  • if you pay the penalty you wont get a conviction if you don’t you go to trial
• defining criminal behaviour - socially

  • not all harmful acts are criminal
  • likewise many trivial or victimless acts are still classed as crimes
  • therefore it is useful to look at social definitions of crime
  • this may include: differing views, law enforcement and law making
• differing views -

  • the public often have a different view of what acts are really crimes compared with legal definitions
  • fare dodgers, motorists who go a little over the speed limit and users of ‘soft’ drugs may not consider themselves criminals
• law enforcement -

  • not all laws are enforced or are low priority
  • white collar crimes is often complex, costly and time consuming
  • enforcing arrest of possession of soft drugs is both unpopular and a waste of time
• law making -

  • not all acts people think ought to be crimes have laws made against them
  • which actions do depends on who has the power to influence them
  • campaigns may have a role in this
  • sometimes laws are changed to reflect publics opinion (e.g. Sarah’s law)
  • some actions get decriminalised (e.g. homosexuality)
  • other previous legal actions are redefined as crimes (e.g. stalking)