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.