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:
- Actus reus - the guilty act
- 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:
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Custodial sentences: Immediate imprisonment, including discretionary life sentences, fixed-term, and indeterminate prison sentences.
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Community sentences: Served in the community, combining unpaid work, probation, curfew, and orders such as drug testing and treatment.
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Fines: Financial penalties based on the offense's seriousness and the offender's circumstances.
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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:
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Cautions: Given for minor crimes to individuals aged 10 or over who admit to the offense.
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Conditional cautions: Similar to regular cautions but with agreed-upon rules and restrictions.
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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.
