AC 1.1 criminal behaviour and deviance

• Crime


  Any action that is forbidden by criminal law
• Crime


  • Must normally have 2 elements:

  Actus reus - The physical aspect of the crime

  Mens rea - The mental aspect, the offender must have knowingly committed the crime and been aware of their actions
• There are two important exceptions to the principle of actus reus and mens rea:
• Strict liability


  When a person is legally responsible for the consequences of their activity even in the absence of any criminal intent (mens rea) on their part
• Strict liability can sometimes lead to an injustice as those who have made reasonable attempts to comply with the law are still caught out or can be liable but not personally at fault
• Self-defence


  Harming someone to defend yourself is not a crime so long as the force used was reasonable in the situation
• Not all harmful acts are defined as crimes by the law
• Social definition of crime

  Crime is a label that evolves from social interaction or a wrong against the community and is 'socially constructed' by those in power
• Aspects of the social definition of crime

  • Differing public views on what acts are 'really' crimes
  • Police prioritising and prosecuting more serious crimes
  • Law-making influenced by those with power
• Summary offences


  Less serious criminal acts, tried in a Magistrates Court
• Indictable offences


  More serious criminal acts, tried in a Crown Court
• Formal sanctions against convicted criminals

  • Cautions
  • Conditional cautions
  • Penalty notices
  • Custodial sentences
  • Community sentences
  • Fines
  • Discharges