Social construction

• Values: general principles or guidelines for how we should live our lives. They tell us what is right and wrong, good and bad. For example, politeness.
• Norms: while values lay down general principles, norms are specific rules or socially accepted standards that govern people's behaviour in given situations. For example, queuing.
• Moral codes: are generally good ways of behaving.
• Homosexual acts between men were finally decriminalised in 1967, but only for men over the age of 21. The age of consent was lowered to 16 in the UK in 2000 for the Sexual Offences Amendment Act. The Same Sex Couples Act 2013 made it legal in the UK for same sex couples to marry. Sex between two men over the age of 21 in private was decriminalised in Scotland, 1980.
• Deviant behaviour goes against social norms. There are 3 types:

  1. Behaviour that is unusual and good (such as jumping in a river to save a person).
  2. Behaviour that is unusual and bizarre or eccentric (talking to trees, hoarding)
  3. Behaviour that is unusual and bad (physically attacking someone)
• Formal sanctions are usually used by an official body such as the police, courts, schools etc.. They are punishments for breaking formal written rules or laws. This could include fines, exclusions...
• Informal sanctions are unofficial punishments which can be applied by anyone who feels they have been offended. These may include verbal abuse, physical violence, ostracism (exile) from groups
• Primary deviance is when a person first breaks a rule/law. It is often due to peer pressure or experimentation with new behaviours. Primary deviants do not see themselves as criminals and will try to avoid being caught. If they are caught, they will probably stop their criminal activities.
• Secondary deviance occurs if primary deviants continue to break rules/laws despite being caught. They begin to accept their label as a criminal and start to behave like one. They become more likely to commit crimes again because they feel they cannot change their identity.
• The legal definition of criminal behaviour consists of two components

  1. Actus rea - a guilty act
  2. Mens rea - a guilty mind

  There are 2 exceptions to this rule:

  1. Strict liability - the guilty mind is not necessary if the act is enough to convict, such as in speeding.
  2. Self defence - intent to harm is not necessarily a crime if defending yourself, as long as the force used is deemed reasonable when the situation is taken into account
• The social definition of crime varies slightly from the legal definition. Fare dodgers, people who steal pens from work etc., might not see themselves as criminals. Equally, police do not enforce all laws to the same extent, such as swearing in a public space. Sometimes, laws are also unpopular - social change led to amendments to laws against stalking, but controversial laws such as the Dangerous Dogs Act (that banned XL Bullies) have remained in place.
• Summary offences: less serious, such as overstaying parking, or driving under the influence of alcohol. These are prosecuted by the Magistrate Court.
• Indictable offences: more serious, such as rape and murder, where offenders are prosecuted by the Crown Court before a judge and jury. The punishments are more severe too, such as life imprisonment.
• Serious offences can be punished through custodial sentences. These can range from serving time in a young offenders' detention institute, or life imprisonment for murder in Broadmoor. Prisoners serving a life sentence are normally viable for parole after about 15 years. Up until 2012, courts could also impose indeterminate sentences.
• Community sentences are served in the community rather than in jails.
• Police can impose sanctions too. A caution is a warning that can be given by the Crown Prosecution or the police. Offenders can be arrested if they don't agree to it. Conditional cautions come with certain conditions, such as attending an anger management course. Penalty notices are normally for minor crimes such as shoplifting, where you may pay a penalty.
• How laws change from culture to culture

  Adultery has been a crime in India for 158 years. A man who has sex with a married woman without the permission of her husband could be sentenced to 5 years prison sentence. More than 60 countries around the world have scrapped the law - but it is still kept in some Islamic countries as it contrasts their specific code of conduct, such as in Bangladesh.
• How laws change culture to culture

  The age of criminal responsibility in Brazil is 18, Scotland is 12, Wales is 10 and in the UK, is 10.