Unit 2 -
Criminologic
al Theories
A.C 1.1 – Compare criminal behaviour and deviance.
Exam tip: May need to describe crime and deviance as well.
, Unit 2 – Criminological Theories
What is crime?
Sutherland: Behaviour which is prohibited by the state as an injury to the state and against which the state
may react.
Social definition: An act that offends society.
Legal: An act that breaks the law. This can be punished by imprisonment, a fine or community service.
A crime has two elements to be punished: (requires both at the same time)
Actus reus – guilty act being punished for the act you committed.
Mens rea – guilty mind being punished for being guilty for what you thought you were doing.
e.g., person being punished for serial killing suggests Mens rea because they
intended to kill.
Formal Sanctions: Informal Sanctions:
Fines Hitting a homeless person.
Imprisonment Swearing at someone.
Community service Shame or disapproval of someone.
Restraining order Exclusion from community.
House arrest – 7pm curfew
Being out on bail released on certain
conditions.
Sex offenders register.
Caution warning before arrest
CBO (Criminal Behaviour Order) violence,
cherry knocking and general disruption.
Criminal Acts Deviant Acts
Murder Speaking derogatively
Rape Crossing the road on a red light.
Theft
Vandalism
What is deviance?
Deviance is when society perceives an act or behaviour which has failed to conform to the norms and
expectations as being shameful.
Downes and Rock – “Deviance may be considered as banned or controlled behaviour which is
likely to attract punishment or disapproval.”
Becker – No action in itself is deviant. It has to excite some social reaction from others. It depends upon who
commits it, who sees it, and what action is taken about it.
Norms: Social expectations that guide behaviour and explain why people act in the way they do.
Queuing to pay because we value manners.
Moral codes: good ways of behaving. Breaking a moral code would generally be considered serious in society.
Swearing at others or talking derogatively.
Values: Rules shared by most people in a given culture. It is what people feels should happen. They are more
general guidelines than norms.
We value manners such as covering your mouth when you cough.
Exam application:
With examples, explain what is meant by the term ‘crime’. [4]
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, Unit 2 – Criminological Theories
The social definition of crime is that it is an act which offends society. The legal definition of crime is an act that
is prohibited in a state and is punishable by law. One example of crime is rape and can be prevented and or
punished by formal sanctions (pre-set regulations) such as imprisonment. Another example is a fine that can
be given to someone for breaking the law, or committing an act of crim e.g., parking on a disabled spot whilst
being an able bodied person.
With examples, explain what is meant by the term ‘formal sanctions’. [4]
A formal sanction is one where procedures and regulations have deliberately been put in place by a person of
authority. One formal sanction includes imprisonment for criminal acts such as rape and murder as well as
manslaughter. Manslaughter may not be considered deviant by some people in society because it may be
done due to self-defence, however the Crown Court may view the incident as a crime therefore may be
punished.
Another formal sanction includes being given a CBO (formally known as ASBO). This is when people who have
deliberately disrupted the community through acts such as violence, cherry knocking etc. may be given a CBO
which is put on their criminal record. This is both criminal and deviant because it is punishable by law and
people frown upon it.
With examples, explain what is meant by the term ‘informal sanctions’. [4]
An informal sanction is when legal procedures have not been put in place to prevent deviant behaviour, rather,
people in society, regardless of their authority may treat the person accordingly. One example of an informal
sanction is shouting and swearing at a person who is homeless. Homelessness is not a crime however others
may disapprove of others in this position as they believe it is deviant, therefore may punish them through
verbal aggression.
Another informal sanction includes a child pressing all the buttons in a lift. Whilst this is not a crime, others in
the lift, especially parents, may believe this to be deviant behaviour thus will use informal sanctions such as
hitting or putting the child on the ‘naughty step’ to prevent this from happening again.
With examples, explain the difference between ‘deviance’ and ‘crime’. [6]
Deviance is an act or behaviour that is frowned upon by others in society, whereas a legal definition of crime
would be an act that is prohibited in a state and punishable by law. Deviance can be prevented or punished by
informal sanctions whereas crime is punished using formal sanctions. Some acts however are both criminal
and deviant such as murder. The criminal may be imprisoned (formal sanction), and upon their release may be
discriminated by their community (informal sanctions) due to being frowned upon.
One example of deviance is spitting on the ground. Unlike crime, deviance is punished through swearing,
hitting and shaking your head in disapproval of the deviant act. This is not criminal because there aren’t any
laws set to prevent spitting in public.
One example of crime is illegally downloading music or copyright claims. This is criminal as this can be
punished through fines, community service, or imprisonment – however it is not deviant because it doesn’t
deviate from the norms and values of society.
A.C 1.2 – Explain the social construction of criminality.
Social construction: ‘A concept or perception of something based on the collective view of people within a
society or social group.’
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, Unit 2 – Criminological Theories
Can change over time and differs around the world.
E.g., traditional views around smoking cannabis were that it is very harmful to health and is
associated with deviant behaviour. Recently, people have changed their views around cannabis, and it
has been found that it helps some health problems.
The definition of crime has changed over time to include and exclude behaviours – e.g., homosexuality is
decriminalised in the UK however in the 60s it was considered a crime and punishable by law.
Adultery Homosexuality Honour Crime
Voluntary sexual Sexual attraction between A crime that is committed
What is the intercourse between a people of the same sex. by a family member for an
definition of the married person and a act that is deemed as being
act? person who is not their shameful for the family.
spouse.
What is the 1857 – UK introduced the Legalised in 1967 with the Illegal in the UK – such
situation with Matrimonial Causes Act – age of consent e.g., to actions are crimes and if a
regards to it is now legalised in the participate in sexual killing is involved it is
legality in the UK. relations legally, you must murder.
UK? be 21.
UK, all European India, South Korea, and In north and west Africa, it is
Cultures where it
countries, and many some American states. legal as well as in South
is legal.
Western countries. Asian families.
Most Asian countries such Saudi Arabia, Afghanistan UK, Europe, USA, Pakistan.
Cultures where it
as Pakistan as well as the etc.
is illegal.
UAE and Saudi Arabia.
Different norms and In some cultures, it is more The attitudes, norms and
values that are influenced of a taboo and something values are different thus
Why the law by the customs and against the norm, resulting people may get away with
varies in different religion of that country. in prejudice. such serious crimes.
cultures. Saudi criminalised In certain tribes it is
adultery due to the Sharia deemed the correct
Law. punishment for shame.
Laws changing depending on circumstance:
Different circumstances can change whether an action is seen as criminal or not – the easiest example of
this is murder vs manslaughter.
This can only happen under specific circumstances, including where the offender is said to have suffered
diminished responsibility or acted under a loss of control such as a mental illness or being underaged.
How laws have changed over time, place, and culture:
Historical and cross-cultural evidence suggests that what is classed as criminal behaviour can change over
time and vary between cultures.
Whether an action is criminal depends on time, place, culture, situation.
Time: Views and opinions can change over time or campaigns can promote change and change occurs due to
medical knowledge advances.
Place: The same criminal offences are not necessarily in pace throughout the world or even policed in the
same way within England and Wales.
Culture: Different cultures view crimes differently even at the same point in time.
Time
Capital Punishment
Capital Punishment: The legally authorised killing of someone as a punishment for a crime.
Corporal Punishment: The physical punishment such as caning or flogging.
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