Crime and deviance

• Crime

  An action or omission which constitutes an offence and is punishable by law
• Deviance

  Something that goes against societies norms and is punishable by the courts. This can be also against the law but not always
• Formal sanction

  The penalties laid down by law that can be imposed on those convicted of a crime. These sanctions vary according to the severity of the crime. Sanctions can be imposed by court or the police depending of the offence
• Informal sanction

  Actions in response to someone’s behaviour that may serve to discourage nonconformity or encourage conformity to a norm, rule, or law. A sanction can be positive or negative to encourage or discourage actions that go against the ‘norm’
• Social construction

  Something that exists not in objective reality, but as a result of human interaction. It exists because humans agree that it exists. An example of a social construct is money or the concept of currency as people in society have agreed to give it importance/value
• Social definition of crime

  ‘An act that offends society’. It may not be a crime in one country and not another. e.g. forces marriage (homophobia, racism, bullying)
• Legal definition of crime

  ‘An act that breaks the law’. This can be punished by imprisonment, a fine, or community service (theft, fraud, murder)
• What is a non-court sanction?

  It does not involve a court (cautions, conditional cautions, penalty notices)
• What is a court sanction?

  It involves going to court to receive the sanction (custodial sentences, community sentences, fines, discharge)
• What is the problem with norms?

  It is an unwritten rule therefore unofficial. Norms vary depending on time, place, and culture.
• How have norms changed over time?

  • smoking in a public place
  • homosexuality
  • assisted suicide
• Example of informal sanctions

  • frowning upon behaviour
  • head or finger shaking
  • name calling
  • school detention
  • being ignored
  • labelling behaviour
• Are we always deviant if we commit a criminal act?

  No, some acts are against the law but not seen as deviant (speeding, downloading illegal music, underage drinking)
• Crime is a social construct

  society decides on what is criminal behaviour or not

  1. culture - how laws change from culture to culture
  2. circumstances - how laws are applied differently according to the circumstances
  3. time - how laws change over time due to a changing society
  4. place - why laws are different according to time and place
• Why are certain types of behaviour made illegal?

  culture - relating to the ideas, customs, and social behaviour of society

  social - relating to society and activities involving other people

  religious - relating to beliefs of a particular religion

  problematic - because it causes problems

  reactionary - reacting to behaviour
• What are social values?

  Rules shared by most people in a culture, or ideas that they hold in value. they are more general guidelines than norms. E.g don’t litter
• What are norms?

  Specific rules or socially accepted standards about how we behave. These can be laws or informal rules. E.g saying please and thank you
• What are mores?

  Morals or “good” ways of behaving. They are formed out of a persons core values. E.g do not commit murder
• Define the term social values and give one example

  Social values are rules shared by most people in a culture or ideas that they hold in value. They are more general guidelines than norms. E.g. don’t litter.
• Define the term mores and give one example

  Mores are morals or ‘good’ ways of behaving. They are formed out of a persons core values. E.g. do not commit murder.
• Explain the legal definition of crime

  The legal definition of crime is ‘an act that breaks the law’. Crime is defined as an action or omission which constitutes to an offence and is punishable by law. This can be punished by a fine, community service or a custodial sentence. It is difficult to define the word crime due to both an actus reus and mens rea needing to be present. These are Latin terms for guilty mind and guilty act. A defence such as self-defence or convent can negate behaviour from being criminal. E.g. murder or theft.
• Personal reasons why crime may not be reported

  1. Fear of the consequences If they person finds out they have reported the crime
  2. The victim may love the abuser and may not want them to face police action
  3. May bring shame on your family
  4. Lack of understanding
  5. They may feel sorry for the person who committed the crime
  6. Disinterest of the crime
• Social and cultural reasons why a crime might not be reported

  1. No apparent victim to report it
  2. Crime not detected
  3. Regional difference in police reporting and prioritising crime
  4. Some crimes are harder to detect
  5. Shame on that culture if the crime is reported
• Explain the difference between personal and social reasons for not reporting a crime

  Personal reasons are those linked to the individual and their circumstances either fear of others, shame or fear of judgement by others. Social and cultural reasons are external factors which impact whether a crime is reported. This will either be a result from lack of knowledge, the media, whether or not it is a public concern and if it is a culture bound crime like honour killing.
• Explain the difference between criminal and deviant

  A criminal act is one that breaks the law. This can be punished by imprisonment, a fine or community service. E.g. theft. Most criminal acts would be classed as deviant as if would go against societies norms. Deviance is defined as something that goes against society’s norms and is punishable by the courts. This can be against the law but not always. E.g. underage drinking.
• Consequences of unreported crime

  1. Ripple effect - crime spreads beyond the immediate victim. This could be other family members such as children.
  2. Decriminalisation - laws may not be reported by the public as they feel the actions should not be illegal. Over time the action can become decriminalised. For example, certain drug usage.
  3. Legal change - crimes that go unreported for a long time can be perceived as a human right, for example attitudes towards homosexuality. People believe they can commit more serious offences due to others not being reported.
• Decriminalisation

  This is where something illegal becomes legal. This can happen due to a lack of reporting which can leads to a lack of policing. The sentences/punishments gets reduced or not prosecuted, lack of interest from the public so it becomes a social norm and the law gets changed. For example homosexuality, this was once a crime but society became less religious. It was reported a lot less and so it became a norm and is no longer classed as deviant.
• How society uses informal sanctions to deal with deviant behaviour

  Deviance is something that goes against societies norms and is punishable by the courts. This can be against the law but not always. When a person violates a social norm, society uses informal sanctions to deter that behaviour. This is too have social control and maintain social order - an arrangement or practices and behaviours. You may be given an informal sanction for tutting at someone or telling them off when they drop litter. Informal sanctions stop people from committing worse offences.
• How do norms change over time?

  A norm is something that is socially accepted by society. For example saying please and thank you. Norms can change over time depending on place and society. Smoking was promoted by doctors but now it is illegal to smoke in public places because we have a better scientific understanding. Societies norms changed and smoking became deviant so the law changed.
• Why are laws different in different cultures?

  Religion - the laws in many countries are based on the religious culture of the country.

  Status of women - men have a different status to women. In cultures where bigamy is not a crime, the ability to have more than one spouse usually only applies to men.
• Laws that have changed over time

  Prostitution. There was once a stigma attached to people who were perceived as being immoral. Now there is more of an issue of how to protect vulnerable people involved in prostitution. There are calls for it to be decriminalised with appropriate regulation.
• Laws that have changed over time

  Vagrancy. The Vagrancy Act 1824 was originally passed to clear the streets of beggars and prevent further crime from being committed. The act fell into disuse as society accepted there were legitimate reasons for homelessness. However, over recent times there has been an increase in the number of prosecutions.
• Why might laws be applied differently in different circumstance?

  The age of responsibility, in England and Wales this stands at 10 years old. Children below this age cannot face prosecution.

  If a defendant has the actus reus and mens rea of a crime but have a defence they will not be liable.

  The circumstances of a person’s past criminal convictions may mean that they face a criminal change.

  A persons past offending is taken into account with regard to sentencing.