Unit 2: criminological theories of criminality
AC1.1- compare criminal behaviour and deviance
Criminal behaviour
Social definition: breaking the social norms in society. If the society has said the act is a crime
then it becomes one.
● Label of wrong against community
● If the community label the behaviour as a crime then it becomes a crime
● It can be difficult to give a social definition for crime- some acts are a crime in some
countries but not others
Legal definition: behaviour that breaks the law leading to punishment though the legal system.
Actus reus- the guilty act
Mens rea- the guilty mind
● The legal system defines what acts are a crime
● Examples of offences- manslaughter, theft, murder, fraud
● Two elements of crime- Actus reus and Mens rea
However there are exceptions:
- Strict liability offences: no proof of mens rea needed- the act alone is enough for
conviction
- Example: if a factory owner fails to maintain the machines and as a result if an
employee is hurt then the owner would be prosecuted even though there was no
intention to cause harm
- Self defence: although there is actus reus and mens rea, if it can be proven that the
offence was committed in order to defend themselves then this would be accepted as a
defence and not a crime.
The difficulty with defining crime:
● Different views of which acts are crimes between the public and criminal justice system.
● Not all laws are enforced - police will focus on those crimes higher up in priority.
● Not all acts that are believed by the public as being crimes have laws passed against
them.
, Examples
Fatal offences against the person Murder, manslaughter
Non Fatal offences against the person Assault, GBH, ABH
Offences against the property Theft, burglary, robbery
Sexual offences Rape, indecent assault
Public order offences Affray, threatening behaviour
Drug offences Possession of a controlled drug, possession
with intent to supply
Formal sanctions:
Non court sanctions
Cautions: they are administered by the police for minor crimes such as writing graffiti on a
bus shelter. You have to admit an offence and agree to be cautioned; otherwise you could be
arrested for the offence. A caution is not a criminal conviction.
Conditional cautions: they are given by the police but you have to agree to certain rules
and restrictions, such as receiving treatment for drug abuse or repairing damage to a property.
Penalty notices: for disorder are given for offences such as shoplifting, possessing
cannabis, or being drunk and disorderly in public. You can only get a penalty notice if you are
aged 18 or over.
Court sanctions
Custodial sentences: where you are immediately sent to prison. There are mandatory and
discretionary life sentences and fixed term and intermediate prison sentences.
Community sentences: can be a combination order (a sentence of the court that
combines a probation order and a community service order) including unpaid work, probation,
curfew and orders such as having drug testing and treatment.
Fines: they are financial penalties; the amount depends on the seriousness of the offence and
the financial circumstances of the offender.
Discharges: can be either conditional, when if the defendant reoffends during a set time
period the court can give an alternative sentence, or absolute, when no penalty is imposed as
the defendant is technically guilty but morally blameless.
,Deviance
● Deviance: acts that go against society's norms.- shouting in a library, jumping a queue,
owning 40 cats.
Norms- specific rules or socially accepted standards which govern our behaviour in certain
situations. Norms keep in check any deviant behaviour. It can vary between different cultures.
The norms of a given society will be linked to their values.
For example- wearing sombre colours to a funeral (uk), wearing white clothing for a mourning
(china), value of accumulating wealth (uk and america), sharing wealth (native american).
Values- general principles or guidelines of how we should live our lives. Tell us what is right
and wrong. Good and bad. These are more general than norms and generally shared within
cultures.
Moral codes- set of basic rules, values and principles held by an individual, group,
organisation or society as a whole. These may be written out and if broken can be deemed
serious within society.
For example- police code of ethics- core standards and principles expected of officers.
Deviance is not always negative behaviour but can be odd or admired.
● Admired behaviour: considered as “good” or “admirable” behaviour (but also
breaking social norms) example- something like heroism- saving the life of another
person whilst putting your own life in great danger.
● Odd behaviour: many forms of behaviour are frequent;y considered to be somehow
“odd” or “different” to normal behaviour but not criminal. Examples- way a person
dresses, an individual with over 50 cats.
● Bad behaviour: deviant behaviour in this category tends to be restricted to
law-breaking or criminal behavior that in some way is seen as being something more
than simply outlandish or eccentric. Depending on the time and place, forms of this
behavior might include…..
Formal and informal sanctions against deviant behaviour (social control)
Formal sanctions- enforced by officials e.g. police, courts, schools. These are punishments for
breaking formal written rules or laws. Example of a formal sanction would be exclusion for
bullying.
Informal sanctions- these are used for rules which are not formally written down and could
even be said to be ‘unspoken’ rules. The sanctions will show disapproval. Examples- telling off,
refusal to speak to the person
Positive sanctions- sanctions can be positive. This could be in the form of a reward for
behaviour which is approved of by society e.g. medal for bravery.
, Examples of informal sanctions Examples of formal sanctions
Name calling Imprisonment
Parents grounding a child Exclusion from school
Labelling behaviour Community sentence
Frowning upon behaviour Written warning at work
Refusing to speak to them Court handing a fine to an offender for an
offense
Ignoring behaviour Detention
Telling off
Deviance examples:
- shouting in a library
- trespassing
- jumping a queue
- owning an excessive amount of animals
- lying
- showing up late
- hoarding
- spreading rumours
- bullying
- showing favoritism
AC1.1- compare criminal behaviour and deviance
Criminal behaviour
Social definition: breaking the social norms in society. If the society has said the act is a crime
then it becomes one.
● Label of wrong against community
● If the community label the behaviour as a crime then it becomes a crime
● It can be difficult to give a social definition for crime- some acts are a crime in some
countries but not others
Legal definition: behaviour that breaks the law leading to punishment though the legal system.
Actus reus- the guilty act
Mens rea- the guilty mind
● The legal system defines what acts are a crime
● Examples of offences- manslaughter, theft, murder, fraud
● Two elements of crime- Actus reus and Mens rea
However there are exceptions:
- Strict liability offences: no proof of mens rea needed- the act alone is enough for
conviction
- Example: if a factory owner fails to maintain the machines and as a result if an
employee is hurt then the owner would be prosecuted even though there was no
intention to cause harm
- Self defence: although there is actus reus and mens rea, if it can be proven that the
offence was committed in order to defend themselves then this would be accepted as a
defence and not a crime.
The difficulty with defining crime:
● Different views of which acts are crimes between the public and criminal justice system.
● Not all laws are enforced - police will focus on those crimes higher up in priority.
● Not all acts that are believed by the public as being crimes have laws passed against
them.
, Examples
Fatal offences against the person Murder, manslaughter
Non Fatal offences against the person Assault, GBH, ABH
Offences against the property Theft, burglary, robbery
Sexual offences Rape, indecent assault
Public order offences Affray, threatening behaviour
Drug offences Possession of a controlled drug, possession
with intent to supply
Formal sanctions:
Non court sanctions
Cautions: they are administered by the police for minor crimes such as writing graffiti on a
bus shelter. You have to admit an offence and agree to be cautioned; otherwise you could be
arrested for the offence. A caution is not a criminal conviction.
Conditional cautions: they are given by the police but you have to agree to certain rules
and restrictions, such as receiving treatment for drug abuse or repairing damage to a property.
Penalty notices: for disorder are given for offences such as shoplifting, possessing
cannabis, or being drunk and disorderly in public. You can only get a penalty notice if you are
aged 18 or over.
Court sanctions
Custodial sentences: where you are immediately sent to prison. There are mandatory and
discretionary life sentences and fixed term and intermediate prison sentences.
Community sentences: can be a combination order (a sentence of the court that
combines a probation order and a community service order) including unpaid work, probation,
curfew and orders such as having drug testing and treatment.
Fines: they are financial penalties; the amount depends on the seriousness of the offence and
the financial circumstances of the offender.
Discharges: can be either conditional, when if the defendant reoffends during a set time
period the court can give an alternative sentence, or absolute, when no penalty is imposed as
the defendant is technically guilty but morally blameless.
,Deviance
● Deviance: acts that go against society's norms.- shouting in a library, jumping a queue,
owning 40 cats.
Norms- specific rules or socially accepted standards which govern our behaviour in certain
situations. Norms keep in check any deviant behaviour. It can vary between different cultures.
The norms of a given society will be linked to their values.
For example- wearing sombre colours to a funeral (uk), wearing white clothing for a mourning
(china), value of accumulating wealth (uk and america), sharing wealth (native american).
Values- general principles or guidelines of how we should live our lives. Tell us what is right
and wrong. Good and bad. These are more general than norms and generally shared within
cultures.
Moral codes- set of basic rules, values and principles held by an individual, group,
organisation or society as a whole. These may be written out and if broken can be deemed
serious within society.
For example- police code of ethics- core standards and principles expected of officers.
Deviance is not always negative behaviour but can be odd or admired.
● Admired behaviour: considered as “good” or “admirable” behaviour (but also
breaking social norms) example- something like heroism- saving the life of another
person whilst putting your own life in great danger.
● Odd behaviour: many forms of behaviour are frequent;y considered to be somehow
“odd” or “different” to normal behaviour but not criminal. Examples- way a person
dresses, an individual with over 50 cats.
● Bad behaviour: deviant behaviour in this category tends to be restricted to
law-breaking or criminal behavior that in some way is seen as being something more
than simply outlandish or eccentric. Depending on the time and place, forms of this
behavior might include…..
Formal and informal sanctions against deviant behaviour (social control)
Formal sanctions- enforced by officials e.g. police, courts, schools. These are punishments for
breaking formal written rules or laws. Example of a formal sanction would be exclusion for
bullying.
Informal sanctions- these are used for rules which are not formally written down and could
even be said to be ‘unspoken’ rules. The sanctions will show disapproval. Examples- telling off,
refusal to speak to the person
Positive sanctions- sanctions can be positive. This could be in the form of a reward for
behaviour which is approved of by society e.g. medal for bravery.
, Examples of informal sanctions Examples of formal sanctions
Name calling Imprisonment
Parents grounding a child Exclusion from school
Labelling behaviour Community sentence
Frowning upon behaviour Written warning at work
Refusing to speak to them Court handing a fine to an offender for an
offense
Ignoring behaviour Detention
Telling off
Deviance examples:
- shouting in a library
- trespassing
- jumping a queue
- owning an excessive amount of animals
- lying
- showing up late
- hoarding
- spreading rumours
- bullying
- showing favoritism
