1.1
Compare criminal behaviour and deviance
Criminal
Criminal behaviour = acts that are illegal punishable by law (crime is a form of deviance)
Legal definition
Actus reus = the guilty act
Men’s rea = the guilty mind
exceptions to the legal principal
Strict liability - offences do not require a men’s rea the guilty act is enough. E.g., health and safety laws,
environmental crimes, speeding
Self-defence - if someone assaults somebody with a men’s rea and actus reus its usually a criminal act,
however if it was in self-defence then it's not a crime, however the force must be reasonable.
Social definition
We live in a pluralistic society - everybody had differing views on what is regarded as criminal:
- Not all harmful acts are criminal E.g., anti-pollution laws allow a certain amount of harm but set a
limit, still harmful to the environment but isn’t illegal
- Not all criminal acts are harmful E.g., Downloading illegal music
We live in a pluralistic society - this makes it difficult to form a social definition:
- Differing views - The public often have a different view of what acts are really crimes, as compared
with the legal definitions of crimes
- Law making - Not all acts’ people think should be criminal have been passed to be criminal. It
depends on who has the power to influence the law makers, e.g., media, pressure groups, big
business. Laws are sometimes as a result of a change in public opinion
- Law enforcement - Not all criminal laws are enforced. Some crimes are low on the list of priorities for
the police + law enforcement is selective e.g., stereotypes and institutional racism
Compare criminal behaviour and deviance
Criminal
Criminal behaviour = acts that are illegal punishable by law (crime is a form of deviance)
Legal definition
Actus reus = the guilty act
Men’s rea = the guilty mind
exceptions to the legal principal
Strict liability - offences do not require a men’s rea the guilty act is enough. E.g., health and safety laws,
environmental crimes, speeding
Self-defence - if someone assaults somebody with a men’s rea and actus reus its usually a criminal act,
however if it was in self-defence then it's not a crime, however the force must be reasonable.
Social definition
We live in a pluralistic society - everybody had differing views on what is regarded as criminal:
- Not all harmful acts are criminal E.g., anti-pollution laws allow a certain amount of harm but set a
limit, still harmful to the environment but isn’t illegal
- Not all criminal acts are harmful E.g., Downloading illegal music
We live in a pluralistic society - this makes it difficult to form a social definition:
- Differing views - The public often have a different view of what acts are really crimes, as compared
with the legal definitions of crimes
- Law making - Not all acts’ people think should be criminal have been passed to be criminal. It
depends on who has the power to influence the law makers, e.g., media, pressure groups, big
business. Laws are sometimes as a result of a change in public opinion
- Law enforcement - Not all criminal laws are enforced. Some crimes are low on the list of priorities for
the police + law enforcement is selective e.g., stereotypes and institutional racism
