AC 1.1 Compare Crime & Deviance (Updated 2024)

Criminal Behavior

Overview: Criminal behavior encompasses actions forbidden by criminal law, involving both a guilty act (actus reus) and a guilty mind (mens rea), with some exceptions like strict liability. Crime challenges societal norms and values, leading to state intervention and punishment.
Legal Definition of Crime: - Criminal behavior is any action forbidden by criminal law. - For an action to be considered a crime, it generally requires two elements: actus reus (guilty act) and mens rea (

guilty mind/intention).

Actus Reus and Mens Rea: - Actus Reus: The guilty act itself; the action must be illegal and wrong. - Mens Rea: The guilty mind; the intention or mental state behind the act, demonstrating bad intentions. - Both actus reus and mens rea must be present for an act to be considered a crime.
Strict Liability: - There are exceptions where mens rea is not required. - Strict liability involves criminal liability for specific actions regardless of intent.
Self-Defense: - (Information not provided in the context)

Sanctions

Overview: Sanctions are mechanisms used to enforce social control and encourage conformity to societal norms, categorized into formal and informal types, and can be either positive (rewards) or negative (punishments).
Formal Sanctions: - Imposed by official bodies like police or courts. - Include punishments for breaking laws or rules. - Examples include fines for theft or exclusion from school for bullying.
Informal Sanctions: - Unspoken ways of showing disapproval for breaking unwritten rules. - Examples include being ignored, receiving dirty looks, or being told off.
Positive Sanctions: - Rewards for behavior that society approves of. - Examples include star charts for children, medals for sports achievements, or praise for good behavior.
Social Control: - The ways society controls behavior to ensure conformity to its norms. - This can involve formal and informal control mechanisms. - Examples include CCTV cameras and speed cameras, designed to make people behave and abide by societal norms.

Deviance

Overview: Deviance challenges societal norms and values, encompassing behaviors that differ from what is considered acceptable. It includes various acts, with crime being a specific type of deviance, and it's understood through the lens of social norms, values, and moral codes.
Definition of Deviance: Deviance is behavior that differs from the norms of society, offending against moral codes and values.
Mores: Mores reflect the moral codes, basic sets of rules, values, and principles held by an individual, group, organization, or society.
Crime as a Type of Deviance: Crime is a specific type of deviance, defined as acts that break the law. Not all crimes are considered serious or deviant by all members of society.
Examples of Deviant Behavior: Examples of deviant behavior are actions that are against the norm of society. The examples will vary based on the society in question and can evolve over time.
Positive Deviance: Not mentioned in the provided context.

Formal Sanctions

Overview: Formal sanctions are punishments imposed by official bodies, like courts or schools, for breaking laws or rules. These sanctions are distinct from informal sanctions, which are unspoken expressions of disapproval. This outline covers the four main categories of formal sanctions: custodial sentences, community sentences, fines, and discharge.
Custodial Sentences: - These are sentences that involve imprisonment
Community Sentences: -
Fines: - Financial penalties imposed based on the severity of the offense and the offender's ability to pay. - Can be paid in installments.
Discharge: - Either conditional or unconditional. - Conditional discharge requires no further offenses for a specified period; if violated, the court can impose a sentence for the original and new offenses. - Unconditional discharge is given when the trauma of arrest and charging is considered sufficient punishment.

Implications of Criminal Acts

Overview: Committing a criminal act can lead to several serious consequences, including occupational restrictions, registration on specific lists, travel bans, and limitations on various rights and activities. These implications aim to protect society and may vary depending on the nature and severity of the crime.
Occupational Restrictions:
- Individuals may be prohibited from certain professions, especially those involving work with vulnerable groups like children.
- Example: Teachers and other professionals working with young people are subject to background checks.
Violent Sex Offenders Register:
- Placement on a register, which can impose limitations on activities and locations.
Travel Bans:
- Criminal records can result in travel restrictions, potentially preventing entry into certain countries, such as the United States.
Other Restrictions:
- Limitations may be placed on activities such as adoption, jury service, and running for political office.
- Individuals must disclose unspent convictions when applying for insurance, and failure to do so can invalidate the insurance.

Police Sanctions

Overview: Police sanctions are formal punishments issued by law enforcement for minor offenses, serving as an alternative to court proceedings. These sanctions include cautions, conditional cautions, and penalty notices, each designed to address different types of infractions.
Cautions: - Warnings issued by the police to individuals aged 10 or older. - Typically given for minor crimes, such as graffiti.
Conditional Cautions: - Involve adherence to specific rules and restrictions. - Examples include attending drug treatment for substance abuse. - Failure to comply with the conditions results in charges.
Penalty Notices: - Issued for offenses such as shoplifting or possession of cannabis. - An example is a fine for using a mobile phone while driving, which also results in points on the driver's license.

Values and Norms

Overview: Values are general principles defining right and wrong, while norms are specific rules or standards of behavior within a society. Both are crucial in understanding crime and deviance, as they shape social expectations and behaviors.
Definition of Values: - General principles or guidelines for life. - Define what is considered right, wrong, good, and bad. - Examples include respect for human life, democracy, rule of law, individual liberty, and respect and tolerance.
Definition of Norms: - Specific rules or socially accepted standards. - Govern people's behavior in particular situations. - Linked to the values of a society. - Can be explicit (laws) or implicit (unwritten rules).
Types of Norms: - Norms can be explicit, such as laws, or implicit, such as unwritten rules. - Norms can differ from culture to culture.
Societal Norms: - What is considered "normal" behavior within a society. - Examples include queuing, saying please and thank you. - Norms are learned by growing up in a particular culture.
Norms and Deviant Behavior: - Norms aim to prevent deviant behavior. - Deviance is violating social norms. - What is deviant varies across societies. - Deviance offends against norms, moral codes, and values held by society.

AC 1.2 Explain The Social Construction Of Crime (Updated 2022)

Laws Applied Differently According to Circumstances

Overview: Laws can be applied differently based on circumstances, including age of the offender, the nature of the crime, and available defenses. This highlights the social construction of crime and how it varies across cultures and evolves over time.
Age of Criminal Responsibility: - Definition: The age at which a person can be held legally responsible for their actions and be prosecuted for a crime. - Variations Across the World: - America

: Zero - UK: 10 - Canada: 12 - China: 16

Manslaughter vs. Murder: - Context: Circumstances where the actus reus (guilty act) and mens rea (guilty mind) for murder exist, but the law allows for a reduced charge of manslaughter. - Examples of Mitigating Circumstances: Diminished responsibility or acting under a loss of self-control. - Impact: Results in a reduced sentence compared to the mandatory life sentence for murder.
Defenses (Consent, Self-Defense, Automatism): - Types of Defenses: - Consent: Permission was provided by the appropriate person for the crime to occur. - Self-Defense: Acting to protect oneself from harm. - Automatism: The defendant was not in control of their actions. - Outcome: If successful, these defenses can lead to a "not guilty" plea.

Factors Influencing Changes in Homosexuality Laws

Overview: Societal attitudes toward homosexuality have changed significantly, leading to changes in laws regarding homosexuality. These changes are influenced by shifting societal views, celebrity influence, and the efforts of pressure groups and campaigns.
Changing Societal Attitudes:
- Homosexuality is no longer widely seen as deviant.
- Societal acceptance of homosexuality has increased.
- Changing views on deviance often lead to changes in the law.
Celebrity Influence:
High-profile celebrities coming out as openly gay have influenced attitude changes.
Open discussions of homosexuality in the media, for example, Boy George, and Elton John, increased acceptance.
Pressure Groups and Campaigns:
Gay Pride events and organizations such as Stonewall have raised awareness.
These campaigns have contributed to changing attitudes and legislative changes.

Social Construction of Crime

Overview: The social construction of crime posits that what society defines as criminal varies across cultures and changes over time, reflecting societal values rather than inherent wrongness. This is exemplified by examining how laws differ globally and have evolved within the UK.
Crime vs. Deviance: - Crime is defined by society as illegal, while deviance is any behavior that violates social norms - The distinction is key to understanding that crime is socially constructed because what is considered deviant may not always be criminal, and vice versa
Examples of Legal Activities in the UK but Illegal Elsewhere: - Polygamy - Honor crimes - Selling cannabis - Assisted suicide - Vagrancy - Corporal punishment - Female genital mutilation
Examples of Illegal Activities in the UK but Legal Elsewhere: - Adultery - Homosexuality - Jaywalking - Prostitution - Abortion
Examples of Activities Formerly Illegal but Now Legal in the UK: - Homosexuality - Abortion
Examples of Activities Formerly Legal but Now Illegal in the UK: - Slavery - Corporal punishment - Driving without a seatbelt

Laws Changing from Culture to Culture

Overview: Laws vary significantly across cultures, influenced by factors like religion, tradition, and societal norms. These differences are evident in laws concerning marriage, sexual conduct, and societal values.
Polygamy: - Polygamy, the practice of having multiple spouses, is legal in some cultures, particularly in certain African and Muslim societies. - Polygyny (one man, multiple wives) is legal in 58 countries, while polyandry (one woman, multiple husbands) is rare.
Adultery: - Adultery, sexual acts between married individuals and someone other than their spouse, is legal in most countries. - Criminalized in Muslim-majority countries and some African Christian-majority nations, reflecting religious influence. - Often reflects societal views on women, where laws may be unequal.
Homosexuality: - Homosexuality's legality varies significantly, influenced by religious and societal views. - Illegal in 70 countries, with potential death penalties in some, and banned promotion in others (e.g., Russia). - Religious condemnation, particularly by Christianity, Islam, and Judaism, contributes to criminalization.
Religion's Influence: - Religion strongly influences laws, particularly regarding adultery and homosexuality. - Countries with strong religious influence tend to have laws against behaviors that their religions condemn.
Tradition's Influence: - Tradition is a key influence, especially when combined with religion.

Homosexuality Laws in the UK: A Case Study

Overview: This case study examines the evolution of homosexuality laws in the UK, illustrating how legal perspectives and societal attitudes have changed over time. It traces the legal status of homosexual acts from being punishable by death to the decriminalization and the eventual recognition of same-sex relationships and marriage.
Buggery Act (1533): - Made anal sex an offense punishable by hanging, marking the start of explicit legal prohibition of homosexual acts. - Later repealed and re-enacted, highlighting the fluctuating legal stance.
Offences Against the Persons Act (1861): - Removed the death penalty for homosexual acts, though they remained illegal, with imprisonment as the punishment.
Labouchere Amendment (1885): - Extended the definition of illegal homosexual acts to include any form of sexual activity.
Oscar Wilde's Conviction: - Illustrates the enforcement of these laws through the prosecution of prominent figures. - Highlights the social stigma and legal consequences faced by homosexuals.
Enforcement in the 1950s: - Active enforcement and imprisonments, with high-profile cases such as Alan Turing. - Underscores the social climate and legal persecution of homosexuals during this period.
Alan Turing: - A key figure who was prosecuted for gross indecency, which led to his chemical castration and suicide.
Wolfenden Report (1957): - Recommended decriminalization of homosexual acts between consenting adults in private.
Sexual Offences Act (1967): - Partially decriminalized homosexual acts under specific conditions: - Acts had to be consensual, take place in private, and involve individuals over the age of 21.
Age of Consent Changes (1994, 1997, 2001): - The age of consent for homosexual acts was initially set at 18, and the European Court of Human Rights later intervened. - The age of consent was lowered to 16, aligning with heterosexual acts.
Sexual Offences Act (2004): - Introduced gender-neutral sexual offenses, eliminating previous distinctions based on the sex or gender of participants.
Civil Partnership Act (2005): - Introduced legal recognition of same-sex relationships.
Marriage (Same Sex Couples) Act (2013): - Legalized same-sex marriage in England and Wales, which came into effect in 2014.
Policing and Crime Act (2017): - Posthumously pardoned thousands of gay men convicted under historical sodomy laws.
Department of Education Guidelines (2019): - Mandated the inclusion of LGBT rights, including same-sex marriage, in Relationships and Sex Education (RSE) in schools.

AC 1.1 Compare Crime & Deviance (Updated 2024)

AC 1.2 Explain The Social Construction Of Crime (Updated 2022)

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AC 1.1 Compare Crime & Deviance (Updated 2024)