unit 2 1.1
legal definition of criminal behaviour
any action that is forbidden by criminal law
actus reus (a guilty act)
they must have done something which is against the law
mens rea (a guilty mind)
they must have had the intention of doing it
strict liability
no mens rea required (eg health and safety or speeding)
social definition of criminal behaviour
anything that a society deems unacceptable
summary offences
less serious and are tried in magistrates court; usually under a year in prison eg speeding
indictable offences
are more serious and are tried in crown court before a judge and jury eg rape and murder
violence against the person
murder; manslaughter; assault
sexual offences
rape; sex trafficking; grooming
offences against property
burglary; theft; robbery
fraud and forgery
embezzlement; identity theft
criminal damage
arson
drug offences
supplying or possessing heroin or cocaine
public order offences
riot; violent disorder
categories of indictable offences
violence against the person; sexual offences; offences against property; fraud and forgery; criminal damage; drug offences; public order offences
formal sanctions
the penalties laid down by law that can be imposed on those convicted by a crime. vary depending on severity of crime and can be imposed by the courts or police
court imposed sanctions
custodial sentences; community sentences; fines; discharge; suspended sentence
custodial sentences
being sent to prison or a young offender's institution
community sentences
these are served in the community rather than in prison and can include restrictions such as curfews, attendance to anger management courses, drug treatment and community service
fines
financial penalties with the size of the fine depending on the seriousness of tbe offence and the offender's ability to pay
discharge
no punishment given
suspended sentence
time where the offender gets the ability to change
police sanctions
cautions; conditional caution; penalty notices; other implications
cautions
warnings that can be given to anyone over the age of 10 for minor crimes
conditional caution
they have to stick to certain conditions, such as receiving treatment for drug abuse. they may be charged if conditions are broken
penalty notices
issued for minor crimes such as shoplifting or possession of cannabis. if they pay the penalty they wont get a conviction
other implications
exclusion from certain occupations; placed on the violent and sex offenders register (ViSOR); banned from travelling to certain countries or need special visa; may be restrictions on adoption, jury service and standing for election; may have to declare when obtaining insurances
deviance
any behaviour which is unusual, uncommon or out of the ordinary in some way. it challenges accepted norms, moral codes and values
norms
specific rules or socially acceptable standards that guide our behaviour, eg respect for human life
moral codes
our ideas about what is right and wrong
values
general principles for how we should live our lives and underlying ideas about what behaviour is correct, eg organisations can have their own code of conduct
formal sanctions (deviance)
imposed by official bodies such as police, the courts, schools etc. they are punishments for breaking formal written rules or laws
informal sanctions
used when the rules are not formally written down and are 'unspoken'
positive sanctions
reward or praise