Unit 1.1

• legal definition of crime

  any action forbidden by the law and breaks formally written rules

  to be convicted you must have an actus reas (a guilty act) and a mens rea (a guilty mind)

  example of crimes can be murder, rape and theft

  a hearing takes place and the offender may be sanctioned with imprisonment, community order or fines etc

  defences eg. self defence can negate behaviour from being criminal
• How is strict liability an exception to the legal definition of crime?

  mens rea is not always required, the act alone can be enough to secure a conviction

  eg. a factory owner is liable if he fails to safeguard machinery
• How is self defence an exception to the legal definition of crime?

  an actus reas with a mens rea is usually criminal but if done in self defence, it is not a crime as long as the force used was reasonable
• what is the social definition of criminal behaviour?

  crime as a concept is socially constructed and what is crime for one person will differ to another
• what is deviance?


  any behaviour that differs from the norm and breaks social convention

  •can be unusual and good

  •can be unusual and bizarre

  •can be unusual and disapproved of
• what is an actus reas?

  a guilty act
• what is a mens rea?

  a guilty mind
• what deams a person as guilty?

  to be found guilty you must have to commit a guilty act (actus reas) and have the intentions to do so (mens rea)

  but you can use a defence in court even if you have both
• what are some defences that can be used in court?

  intoxication

  insanity

  self defence

  diminished responsibility

  loss of control

  duress
• what is a formal sanction?


  imposed by official bodies

  punishments for breaking formally written rules or laws
• define the police sanctions

  cautions: you have to admit and agree to be cautioned otherwise arrested (used for minor crimes)

  conditional caution: a caution with rules, if broken you could be charged for a crime

  penalty notices: a payment but if you disagree you can be sent to trail
• define the court sanctions

  custodial sentences: prison

  community services: unpaid labour

  fines: a payement

  discharges: a ’conditional discharge’ involves offender not committing offences for a given period, if they do sanctions can be given for both offences. an ‘absolute discharge’ is when a person is guilty but punishment would be inappropriate
• what’s an informal sanction?

  used when rules are not formally written and are perhaps unspoken. when these are broken, others show their disapproval