Criminal Behaviour and Legal Definitions

This section focuses on the concept of criminal behavior and its legal definitions, highlighting the differences between social and legal perspectives on crime.

Definition: Criminal behaviour involves serious and harmful acts that are considered deviant by society and are so disruptive that the state must intervene.

Social Definition of Crime

The text emphasizes that no behavior is inherently criminal; rather, society defines certain acts as criminal, making it a social construct.

Example: The similarities between deviance and crime are evident in how both are socially defined. For instance, in the UK, it is an offense to have sex with a 14-year-old, while in countries like Bangladesh, child marriages are practiced.

Legal Definition of Crime

From a legal perspective, a crime is defined as behavior that breaks the law and for which one is punished by the legal system.

Highlight: In law, two elements must be satisfied for an act to be considered an offense:

1. Actus reus - the guilty act
2. Mens rea - the guilty mind

Vocabulary: Strict liability refers to cases where the wrongful act alone is enough to convict someone, without the need for mens rea. Examples include food and safety regulations, speeding, and watching TV without a license.

Example: An example of an exception to the rule is self-defense. Assaulting someone with the deliberate intention to harm them is usually a criminal act. However, if it's done in self-defense, it's not a crime, assuming the force used was proportionate to the risk.

Sentencing Options

The guide outlines various sentencing options available in the criminal justice system:

1. Custodial sentences: Immediate imprisonment, including discretionary life sentences, fixed-term, and indeterminate prison sentences.

2. Community sentences: Served in the community, combining unpaid work, probation, curfew, and orders such as drug testing and treatment.

3. Fines: Financial penalties based on the offense's seriousness and the offender's circumstances.

4. Discharge: Can be conditional or absolute, depending on the circumstances of the case.

Highlight: Understanding these sentencing options is crucial when studying formal sanctions in criminal justice.

Non-Court/Police Sanctions

The text also covers non-court sanctions administered by the police:

1. Cautions: Given for minor crimes to individuals aged 10 or over who admit to the offense.

2. Conditional cautions: Similar to regular cautions but with agreed-upon rules and restrictions.

3. Penalty notices: Issued for offenses like shoplifting or cannabis possession to those 18 and over.

Example: These non-court sanctions provide examples of informal sanctions in criminology, bridging the gap between formal legal processes and more lenient forms of addressing minor offenses.

Understanding Deviant Behaviour and Social Norms

This section explores the fundamental concepts of deviance and social norms in society. It delves into the definitions of key terms and provides examples to illustrate these concepts.

Definition: Deviance is defined as behavior that goes against the dominant social norms of society and causes some kind of critical reaction.

Vocabulary: Norms are social rules that define correct and accepted behavior by society or a group. Examples include queuing, being polite, prioritizing the elderly, and respecting personal space.

Vocabulary: Values are guides on what is wrong or right and the standards worth maintaining and achieving in society. They lead the way for norms. Examples include embracing diversity, the importance of religion and culture, rule of law, and democracy.

Vocabulary: Moral codes reflect how an individual interprets these norms and values. Examples include the police Code of Ethics and the BPS Code of Ethics.

The text outlines three forms of deviance:

1. Admired behavior: Deviant but considered good or admirable, such as risking one's life to save another.
2. Odd behavior: Different from others, like a middle-aged man talking to his doll collection.
3. Bad behavior: Ranging from queue jumping to serious crimes like murder or arson.

Highlight: Understanding these forms of deviance is crucial in comparing criminal behaviour and deviance in criminology.

Formal and Informal Sanctions

This section explains the concept of sanctions and their role in social control.

Definition: A sanction is something put in place to either punish or defend someone for their deviant behavior.

There are two types of sanctions:

1. Informal Sanctions: Not formally written down. Examples include frowning upon behavior, name-calling, ignoring behavior, labeling behavior, and parents grounding a child.

2. Formal Sanctions: Imposed by official bodies such as the police, courts, and schools. These are formal written rules or laws. Examples include fines, exclusions, and imprisonment.

Example: The difference between formal and informal sanctions in criminal justice can be illustrated by comparing a parent grounding their child (informal) to a court imposing a fine (formal).

Highlight: Sanctions can also be positive, used to reward behavior of which society approves, such as praise or a certificate of achievement.

Vocabulary: Social control refers to the use of rewards or punishments aimed at controlling behavior and ensuring conformity to society's norms.