AC1.1: Compare Criminal Behaviour + Deviance
How do we define crime?
Social definition:
- Label from ‘social interaction’ or wrong against the community
- If society says it’s a crime, then it becomes one
- Some crimes universally disapproved, e.g. sex offences, some illegal in some
countries, but not in others, e.g. child brides
Legal definition:
- Legal system defines crime in society
- Behaviour that breaks the law
- Crime has 2 elements:
● Actus reus - Guilty act
● Mens rea - Guilty mind
- Most criminal offences require prosecution to establish beyond all reasonable doubt that
the accused has committed a crime
- Must have done something the law forbids + must have done it with bad intentions
Exceptions
Strict liability:
- Mens rea not required, guilty act is enough
- Lots of health + safety laws act this like
Self-defence:
- Assaulting someone with deliberate intention to harm, usually a crime
- Done in self-defence, not a crime - so as force was reasonable in that situation
Sanctions
Sanction Court or Non court Explanation
Cautions Non court Minor offences, must admit offence + agree
to caution or could be arrested, not a criminal
conviction, administered by police
Custodial sentences Court Immediately sent to prison
Fines Court Financial penalties, amount depends on
crime + circumstances of offender
Community Court Can be a combination order, including
sentences unpaid work, probation, curfew, drug testing
+ treatment
Discharge Court Conditional (if reoffends in certain time,
court can give alternative harsher sentences)
or absolute (no penalty imposed as
, defendant is technically guilty but morally
blameless)
Conditional caution Non court Have to agree to certain rules + restrictions
(e.g. receiving treatment for drug abuse),
given by police
Penalty notice Non court Given for offences like shoplifting, cannabis
possession, 18+
Type of criminal act Examples
Fatal offences against the person Muder, manslaughter
Non-fatal offences against the person Assault, battery, GBH/ABH
Offences against property Theft, robbery, burglary
Sexual offences Rape, indecent assault
Public order offences Riot, affray, violent disorder
Drug offences Possession of a controlled substance or with
intent to supply
Deviance
- Behaviour that differs from norm
- Goes against social norms of a specific group or society
- Causes critical response or disapproval
- Norms, values + moral codes, unwritten rules of acceptable behaviour , often used
interchangeable in society
● Norms - social expectations, guide behaviour
● Values - rules shared by most people in a given culture, more general guidelines
than norms
● Moral codes - moral/good ways of behaving, breaking considered serious in
society, describes basic rules, values + principles held by an individual, group,
organisation, or society as a whole
- 3 types:
● Behaviour that is unusual + good
● Behaviour that is unusual, eccentric or bizarre
● Behaviour that is unusual, bad or disapproved of
- The 3 types can overlap, e.g. behaviour that is both odd + bad, like exposing yourself in
public
● Some acts deviant but not criminal
● Some acts criminal but not deviant
