Criminality

• Social Definition of Criminal Behaviour

  Wrong against the community.

  If society says it is a crime, it becomes one.

  Social definition is different in different countries e.g. most people would think it is wrong to have sex with a 14 year old but forced marriages exist in some countries.
• Actus Reus

  Latin for Guilty Act
• Mens Rea


  Latin for Guilty Mind
• Legal Definition of Criminality

  Legal system defines crime - behaviour that breaks the law and for which you are punished by the legal system.
• Examples of Crime


  Theft

  Murder

  Fraud
• What two elements must crime have?

  Actus Reus and Mens Rea.

  Some offences or strict liability don't require a Mens Rea e.g. many food and hygiene regulations.
• Non-Court Sanctions


  Cautions

  Conditional Cautions

  Penalty Notices
• Court Sanctions 


  Custodial sentences

  Community sentences

  Fines

  Discharge
• Cautions


  For minor crimes such as writing graffiti on a bus shelter. You have to admit an offence and agree to be cautioned otherwise you could be arrested. Not a criminal conviction.
• Conditional Cautions 


  You have to agree to certain rules and restrictions such as repairing damage or getting treatment for drug abuse.
• Penalty notices


  Given for offences such as shoplifting, cannabis, drunk and disorderly in public. 18+ can get it.
• Custodial sentences


  Immediately sent to prison.
• Community sentences


  Combination order including unpaid work, probation, curfew, orders such as having drug testing and treatment.
• Fines


  Financial penalties; depends on offence.
• Discharge 


  If defendant reoffends during a set time period, court can give alternative sentence. Or when no penalty is imposed as defendant is technically guilty but morally blameless.
• Variety of criminal acts

  Fatal offences - murder/manslaughter

  Non-fatal offences - assault/ABH/GBH

  Property offences - Theft/robbery

  Sexual offences - rape

  Public order offences - riots

  Drug offences - possession of controlled drug or with intent to supply.