Complete Notes for WJEC Criminology Appplied Diploma Unit 2:Criminolgical Theories
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Criminological Theories
Institution
WJEC
Everything needed for the year 1 exam in WJEC Applied Diploma in Criminology! All notes compiled from textbooks and lessons, case studies, key info etc. I got an A* in crim overall using these notes!
UNIT 2:CRIMINOLOGICAL THEORIES
UNIT 1.1:Compare Criminal and Deviant Behaviour
NORMS VALUES AND MORAL CODES:
VALUES:General principles and guidelines for how we should live our
life. They tell us what is right and wrong,good and bad.
NORMS:Specific rules or socially acceptable standards that govern
people's behaviour in particular situations
Some values may be specific to different cultures. For example, the UK and
USA place a high value on individualism and other traditional societies
would place a high value on respect for their elders.
The norms of society are linked to it’s values. One value may underlie a
range of specific rules or norms of behaviour.
MORAL CODES:Also known as a code of ethics:set of basic
rules,values and principles held by an individual,group or society as a
whole. May be written down(e.g. Police Code of Ethics)
DEFINING CRIMINAL BEHAVIOUR:
Criminal behaviour is a form of deviance that involves, serious,
harmful acts that are wrong against society. They are considered
disruptive so the state must intervene on the behalf of society and
punish them by law.
LEGAL DEFINITION:
A criminal action is any action that is forbidden by law. This can be
punished by imprisonment, a fine or community service. For a court to
consider a defendant's action to be a crime, it must have 2 elements:
● ACTUS REA:Meaning a guilty act
● MENS REA:Meaning a guilty mind
This means the person must have committed an unlawful action with
malice aforethought.
STRICT LIABILITY:This is when the mens rea is not required and the
wrongful action on its own is enough to convict someone. This is often
evident in health and safety laws and corporate laws, where a business
may not have intended to cause harm to its employee or customers.
There are many defences that can be used to dispute a criminal conviction
and in some cases, the crime cannot be considered illegal, such as self
,defence, if the force used was reasonable in the situation. Other defences
include:
● Intoxication
● Insanity
● Automatism
● Consent
● Diminished responsibility
● Loss of control
● Lawful excuse
● Duress
● Infancy
● Necessity
SOCIAL DEFINITION:
Not all harmful acts do qualify as crimes(a businesses regulated air
pollution emissions etc), and not all crimes are particularly
harmful(victimless crimes ect). The social definition of crime is an act that
offends society. How this is decided depends on certain aspects:
● The differing views of the public, whether they see certain offences as
criminal in line with the legal definition.
● How the police enforce some laws, as not all low priority criminal acts
like soft drug use are prosecuted
● Law making and who influences this, being sometimes
media,pressure groups or big business. Not all laws the public
disagree with are made legal, as an unpopular law may stay in place,
while something the public disapproves of remains legal.
VARIETY OF CRIMINAL ACTS:
The UK law has two types of offences:
● SUMMARY OFFENCES:less serious offences,e.g speeding. Tried by
magistrates
● INDICTABLE OFFENCES:more serious offences,e.g rape and
murder. Tried in a crown court before a judge and jury with more
severe sentences.
Subject matter of offences:
,Crimes are also classified by the nature of the act themself. Indictable
crime categories include:
● VIOLENCE AGAINST THE PERSON:murder,manslaughter ect
● SEXUAL OFFENCES:rape,sex trafficking ect
● OFFENCES AGAINST PROPERTY:burglary,robbery etc
● FRAUD OR FORGERY:fraud by company directors etc
● CRIMINAL DAMAGE:arson etc
● DRUG OFFENCES:possession,or intent to supply etc
● PUBLIC ORDER OFFENCES:riot and violent behaviour etc
FORMAL SANCTIONS:
These are penalties laid down by law that can be imposed on those
convicted of crimes. They vary depending on severity.
COURT SANCTIONS:
● CUSTODIAL SENTENCES:Include imprisonment or detention in a
young offenders institution. Sentences can vary depending on the
crime. Prisoners serving a life sentence are eligible for parole after 15
years and courts can also impose indeterminate sentences for an
offender that may be a danger to the public.
● COMMUNITY SENTENCES:Include probation orders, restrictions like
curfew,attendance to certain courses,mandatory drug testing +
treatment orders and community service. Can also include
fines-financial penalties. A discharge can also be imposed, which is
where the offender must commit no further offences in a given period
and if they do, the court can impose a sentence for the original crime
as well as the new one.
NON COURT SANCTIONS:
These can be the case where the offence is less serious and can be
dealt with by police. This includes:
● CAUTIONS:Warnings given by the police or CPS to anyone over 10
for minor offences. Intended for low level,first time offenders. To
receive a caution, the person must admit to the offence and agree to
be cautioned.
, ● CONDITIONAL CAUTIONS:Meaning you have to stick to certain
rules like going to treatment for drug addiction. If the conditions are
broken,a charged could take place
● PENALTY NOTICES FOR A DISORDER:Can be issued for minor
crimes like soft drug possession or shoplifting. It means you won't get
convicted if you pay a penalty. If you disagree with the penalty, you
can go to trial instead.
● OTHER IMPLICATIONS:Offender will receive a criminal record and
this may cause other consequences like:
1. Exclusion from certain occupations
2. Placed on the Violent and Sex Offender Register(ViSOR)
3. Banned from travelling to certain countries or require special
visas
4. Restrictions on adoption,jury service or standing for elected
office.
5. Have to declare unspent convictions when obtaining insurance.
DEFINING DEVIANCE:
Defiance is any behaviour that differs from the norms of society. It is
behaviour that is unusual in some way. This can be:
1. Unusual and good behaviour
2. Unusual eccentric or bizarre behaviour
3. Unusual bad or behaviour that is disapproved of.
Deviant behaviour can depend on the situation,time and culture. Forms of
deviance can be very serious(rape ect) or trivial(queue jumping)
FORMAL AND INFORMAL SANCTIONS OF DEVIANCE:
Formal Sanctions:Imposed by official bodies like the police,courts and
schools They are punishments for breaking formal rules or laws,like the
courts may fine an offender or schools may exclude pupils for bullying.
Informal Sanctions:Used when rules are not formally written down and
could be ‘unspoken’. When someone breaks these, others may show their
disapproval in informal ways like stopping speaking to them or telling them
off.
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