Crim - Unit 2

• • Crime is the behaviour that breaks formal rules of society.
  • This leads to formal sanctions or punishments.
  • Crime is disruptive to society, so the state must intervene on their behalf.
• • Crime is legal defined by Actus Reus Mens Rea - Guilty act, guilty mind.
  • This prevents a blameless person from conviction.
• • The social definition of crime is an act that is both criminal and deviant.
  • If a crime is not seen as deviant it will not be treated socially as a criminal act.
• • Summary offences are less serious crimes e.g. speeding and assault - these are dealt with in magistrate court.
  • Indictable offences are more serious crimes e.g. murder and rape - these are dealt with by the crown court.
• • Custodial sentences - These are the most serious sanctions including prison and youth offender institutions.
  • Community sentences - These are served in the wider community e.g. unpaid work, curfews, training, education, etc.
  • Fines - These are financial penalties, with he amount depending on the type and seriousness of the crime.
  • Discharge - Either an absolute discharge, where there is no consequence. Or a conditional discharge, where they must not commit another offence or they will get charged.
• • Police can issue warnings for anyone over the age of 10 for minor offences.
  • A conditional caution is where the offender must meet certain requirements.
  • A penalty notice is for minor crimes.
• • Deviance is the violation of societies norms, and going against expected behaviour.
  • Most crimes are considered deviant.
• • Values are general principles/guidelines of what is right and wrong.
  • Some deviant acts become the norm over time e.g. downloading music illegally.
  • This leads to relaxed law enforcement or decriminalisation.
• • Moral codes are basic sets of rules/values held by an individual/group.
  • Failure to follow these moral codes is seen as deviant.
• • Formal sanctions are issues by an official body and is punishment for breaking a written rule.
  • Informal sanctions are used when rules are not written, people are expected to be aware of them.
  • Positive sanctions is a reward for displaying a behaviour.
  • Negative sanctions are punishment for breaking unwritten rules.
  • Social control includes all of the above, encouraging/discouraging behaviour.
• • All crime is a social construct and is defined by society.
• • Laws on polygamy changes from culture to culture.
  • Polygamy is having more than one spouse at a time.
  • It is illegal in 58 countries.
  • It is legal in places such as the Himalayas and most Muslim countries.
  • It is illegal in the UK with a punishment of up to 7 years imprisonment.
  • It is often a traditional or religious practice.
• • Laws on adultery changes from culture to culture.
  • It is deviant in most countries but not illegal.
  • It is criminalised in most Muslim (punishment of stoning in some) and African countries.
  • It is illegal in 21 US states, with the punishment of fines.
  • Religion is the main factor of the criminalisation of adultery due to the 10 commandments.
• • laws of homosexuality changes from culture to culture.
  • Male homosexuality if illegal in 72 countries.
  • Female homosexuality is illegal in 45 countries.
  • Homosexuality if punishable by death in 6 countries.
  • These laws are based heavily on religion.
  • Social norms have changed in some countries due to changed tolerance and inclusiveness.
• • Laws on honour killing change from culture to culture.
  • Some culture see it as an appropriate way to maintain honour for the family/community.
  • However, it is seen as murder in most western countries.
• • Laws on prostitution have changes over time.
  • It was once immoral under the Street Offence Act 1959.
  • In 2022 there is more of a focus on how to protect those involved in prostitution.
  • There have been calls for decriminalisation and a larger focus on regulation.
• • Laws on vagrancy have changed over time.
  • Vagrancy was illegal under he Vagrancy Act 1824.
  • Society began accepting legitimate reasons for homelessness and called for decriminalisation.
• • Laws on homosexuality have changed over time.
  • It was decriminalised in 1967, with consent at 21.
  • Consent was lowered to 18 and then to 16 in 1994.
  • Civil partnerships were legalised in 2004 and marriage in 2014.
• • Laws on smoking have changed over time.
  • Smoking was accepted and encouraged in the 1950s.
  • The Health Act 2006 made it illegal to smoke in workplaces and public spaces.
  • In 2012 it was made illegal to display cigarettes in supermarkets.
  • In 2015 it was made illegal to smoke in a vehicle with a child that was under 18.
• • Laws on cannabis change in different places.
  • It is illegal in the UK but is enforced differently in different areas.
  • Some areas law enforcement don't prioritise cannabis use as it is a less serious problem.
  • Enforcement depends on the areas issue with cannabis.
  • Laws reflect wishes of people who live there.
• • Laws on jaywalking change in different places.
  • It is an offence in the USA, Canada, Poland.
  • Rules enforced due to larger roads and cars, making it more difficult to cross.
  • Jaywalking in the UK is seen as a personal responsibility.
• • Moral panic is where society is concerned about a specific issue.
  • Seen in the London riots in 2011 leading to more serious sentences to prevent others from contributing to the riots.
• • Lombroso's physiological theory:
  • Criminals are a different species - between modern human and primitive human - this was heritable.
  • Key characteristics: Low sloping forehead, large jaw, receding chin, twisted nose, long arms, large cheekbones, large ears and excessive wrinkles.
  • Criminals are pre-social and are unable to control impulses.
• • Sheldon's physiological theory:
  • People with certain body types are more likely to commit crimes - physical advantage.
  • Endomorphs - fat, lacking muscle, relaxed and socially outgoing.
  • Ectomorphs - thin, introverted, emotionally restraint.
  • Mesomorphs - muscular, strong, adventurous and aggressive.
  • 4000 convicts - majority have mesomorph somatotypes and minority was ectomorphs.
  • Mesomorphs have physical advantage and a high pain threshold.
• • Twin studies: Genetic theories:
  • Criminality is heritable.
  • Concordance rate for monozygotic was greater.
  • In 1992 with 30 twins - 10/13 monozygotic twin pairs served time, compared to 2/17 dizygotic.
  • 1977 concordance rates - MZ=35% - DZ=13%
• • Adoption studies: Genetic theories:
  • Comparison of biological and adoptive parents carried out.
  • The adopted children were more similar to their biological parents.
  • Suggesting criminality is due to genetics.
  • 14,000 adoptees had criminal convictions where most biological parents had previous convictions.
• • XYY study: Genetic theories:
  • Suggested that criminality is due to chromosomal abnormality.
  • Genetic condition in males causes an extra Y chromosome found in 1 in 1000 males, causing increased aggressive behaviour.
  • This condition is over-represented in prisons with 15 per 1000, many who had history of aggression and violent assault.
• • Psychoanalysis: Psychodynamic theories:
  • Suggested early childhood experience determine personality and future behaviour.
  • Traumatic experiences leave a mark even if forgotten.
  • ID controls selfish and animalistic urges.
  • Superego is the moral conscious.
  • Ego is the rational control and balances the ID and superego.
  • if the ID is dominant, criminality occurs.
• • Maternal Deprivation: Psychodynamic theories:
  • Suggested there was a link between maternal deprivation and anti-social behaviour.
  • A child need a close, continuous relationship with their primary carer from birth to age 5.
  • If the attachment is broken it leads to affectionless psychopathy.
  • 44 juvenile thieves - 39% had suffered from maternal deprivation compared to only 5% in the control group.
• • Operant learning theory: Learning theories:
  • Behaviour is a result of rewards and is likely to be repeated - positive reinforcement.
  • Behaviour resulting in something unpleastent isn't repeated - negative reinforcement.
  • Criminality is learned through reinforcement e.g. financial gain.
• • Social learning theory: Learning theories:
  • Criminal behaviour is learnt through observing others (vicarious reinforcement).
  • Individuals observe models behaviour (those perceived with higher status) - they observe consequences and learn through their reward/punishment.
  • Bobo doll - 3 groups - 4 to 5 year olds - watch videos of models - group 1 watched the model get rewarded for aggressive behaviour, group 2 the model was punished and group 3 witnessed no consequence.
  • Criminality is repeated when rewarded.
• • Personality theory: Psychological theories:
  • Carried out a questionnaire on 7000 soldiers.
  • E = Extroversion, N = Neuroticism.
  • Criminals have high E and N.
  • These are due to conditioning and genetics - seeking excitement and so may not conform.
  • Psychoticism was later added - cruel and insensitive and so cannot be conditioned into society.
• • Functionalism: Social Structure:
  • Structure of society is based off of social norms leading to social solidarity against crime.
  • Crime reinforces shared beliefs.
  • Boundary maintenance suggests crime strengthens social cohesion.
  • Social change - individuals challenge ideas of deviance and crime.
  • Crime serves as a function to society.
• • Strain theory: Social structure:
  • Crime is caused by an unequal structure in society.
  • Material success if encouraged.
  • Conformity - Accept goal and means to achieve.
  • Ritualism - Accept goal, reject means = criminality.
  • Innovation - Reject goal and accept means.
  • Retreatism - Reject both goals and means = criminality.
  • Rebellion - Create new goal and means.
• • Marxism: Social structure:
  • Society influences people to become criminals.
  • Capitalist society encourages wealth - creates an unequal society shaping criminal behaviour and how society deals with it.
  • crime is used by the bourgeioise as a mean of conrol - laws ceraed to protect the rich.
  • Disadvantaged social classes have no other choice but to commit crime.
  • Selective law enforcement causes less wealthy individuals to be convicted - rich stay wealthy.
• • Interactionalism: Labelling theory:
  • No act is criminal or deviant - only when they are labelled.
  • Agents of social control label certain groups as criminal - different enforcement.
  • Lemert - labelling someone causes them to become the label - self-fulfilling prophecy.
  • May cause different treatment and rejection from society.
• • Realism: Right realism:
  • Right wing view.
  • Crime tackled through control and punishment.
  • Crime is caused by; Biological differences, unequal sensitisation in nuclear family, rational choice (weight risks).
• • Realism: Left realism:
  • Left wing view.
  • Inequality in capitalist society leads to crime.
  • Victims are often disadvantaged groups - theses crimes are taken less seriously.
  • Causes of crime; Relative deprivation, criminal subcultures, marginalised groups.
• • Physiological theories - Lombroso:
  • Strengths:
  • Scientific perspective - not moral and objective measures.
  • Showed importance of clinical and historical records of criminals - establish common themes - crimes are not free choice - genetic vulnerability.
  • Limitations:
  • Based on facial features - no control groups - findings cant be used as support.
  • Descriptive - raised ethical issues - labbelling.
  • Deterministic - one is born a criminal - no modern evidence.
• • Physiological theories - Sheldon:
  • Strengths:
  • Other studies support the theory - Glueck & Glueck.
  • Most serious crimes are committed by mesomorphs.
  • Confirmed small association - 200 sample - with control group.
  • Limitations:
  • Ignores other factors, e.g. self-fulfilling prophecy.
  • Mesomorph body can be developed - criminality causes somatotypes.
  • Doesn't consider other somatotypes committing crimes and mesomorphs committing non-violent crimes - lacks validity.