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Unit2 - Coggle Diagram
Unit2
1.1
Defining Deviance:
Forms of Deviance
Deviant acts can range from minor infractions to serious crimes.
Serious deviance includes acts like rape, murder, or arson.
Trivial forms might involve minor breaches of social etiquette, such as queue-jumping.
Sanctions Against Deviance
Informal Sanctions
Informal sanctions are unwritten, socially enforced responses to deviance.
They involve non-official methods of disapproval, such as social isolation, scolding, or a “slap on
the wrist.”
Positive Sanctions
Positive sanctions reward behaviours that are approved and encouraged by society.
These sanctions can be either formal (like medals and certificates) or informal (such as verbal praise).
Formal Sanctions
Formal sanctions are official punishments imposed by recognized authorities.
These include penalties enforced by institutions such as the police, courts, and schools.
Mechanisms of Social Control
Social control encompasses all methods—both formal and informal—used to regulate behaviour within society
It involves the application of both positive and negative sanctions to ensure individuals conform to established norms.
Deviance: A Basic Concept
Deviance is any behaviour that departs from what is considered normal.
This concept refers to behavior that is unusual, uncommon, or out of the ordinary.
Unusual and good (e.g., risking one’s life heroically)
Unusual and eccentric or bizarre (e.g., talking to trees or hoarding newspapers)
Unusual and bad (e.g., physically attacking someone without reason)
Rule Breaking and Societal Reaction
Deviance involving rule-breaking leads to critical and hostile reactions from others.
This concept involves breaking societal or group norms, prompting disapproval or sanctions.
Formal Sanctions Against Criminals
Court Sanctions – Community Sentences, Fines, and Discharge
Offenders may serve penalties within the community, which can include both behavioural restrictions and financial penalties, as well as discharges.
Community Sentences
Require offenders to follow certain conditions (e.g., probation orders, curfews, or participation in programs like anger management or drug treatment) while remaining in the community.
Fines
Monetary penalties imposed based on the offence’s severity, repeat offences, and the offender’s financial capacity; these can often be paid in instalments.
Discharge
Conditional Discharge:
The offender is released under the condition that they commit no
further offences during a specified period; a breach can result in additional sentencing.
Unconditional (Absolute) Discharge
The offender is released without further conditions
despite an admission of guilt, and it is not recorded as a criminal conviction.
Police Sanctions – Cautions, Conditional Cautions, and Penalty Notices for Disorder
For minor offences, the police can impose sanctions without involving the courts, using various forms of cautions and penalty notices.
Cautions
Formal warnings issued for low-level, first-time offences (e.g., graffiti), requiring the offender to admit the offence.
Conditional Cautions
Similar to standard cautions but include additional requirements (e.g., mandatory drug rehabilitation); failure to comply can lead to further charges.
Penalty Notices for Disorder:
Financial penalties for minor offences (e.g., shoplifting or
possession of cannabis) that resolve the matter without a formal conviction if paid.
Court Sanctions – Custodial Sentences
Serious crimes are often punished with custodial sentences (imprisonment or detention).
Involves confining offenders in prisons or detention centers for serious offences and Acts as both punishment and a deterrent by isolating dangerous individuals from society
Other Implications of Committing a Criminal Act
Beyond formal sanctions, criminal acts typically result in a criminal record that carries long-term consequences
A criminal record is the official documentation of an individual’s past offences. It affects future employment opportunities, travel permissions, and participation in various social and civic activities.
Acts that are Criminal
Seriousness of the Offence
Criminal acts can be classified by the seriousness of the offence
In the UK, offences are primarily divided into two types:
Summary Offences: Less serious crimes (e.g., speeding), tried by magistrates.
Indictable Offences: More serious crimes (e.g., rape, murder), tried in a Crown Court before a judge and jury with severe penalties
Definition of Criminal Acts
Criminal acts are actions that break the law.
This concept refers to any act deemed illegal under established legal frameworks. It covers a broad range of behaviours, each subject to varying degrees of legal scrutiny and punishment.
Subject Matter of the Offence
Criminal acts can also be classified by the nature or subject matter of the act.
Violence Against the Person: Crimes such as murder, manslaughter, and assault.
Sexual Offences: Crimes including rape, sex trafficking, and grooming.
Offences Against Property: Crimes like burglary, theft, and robbery.
Fraud and Forgery: For instance, frauds committed by company directors.
Criminal Damage: Acts like arson.
Drug Offences: Crimes involving the supplying or possessing of substances like heroin.
Public Order Offences: Incidents such as riots or violent disorder.
Norms, Values and Moral Codes
Norms
Norms are the specific rules or socially accepted standards that dictate behavior in particular situations, derived from a society’s underlying values.
Norms translate broad values into practical expectations.
They ensure that individuals behave in ways that align with societal values.
Moral Codes
Moral codes (also known as ethical codes or codes of ethics) are sets of basic rules, values, and principles embraced by individuals, groups, organizations, or entire societies.
A moral code consolidates key ethical principles into a framework that guides behaviour.
Values
Values are general principles or guidelines that inform us about what is right or wrong and what is good or bad.
Values serve as overarching ideas about how individuals should live their lives.
They guide behavior and decision-making across various contexts.
Classification of Criminality and Deviance
Criminal but Not Necessarily Deviant
Not every act defined as a crime is universally seen as morally wrong or deviant.
Some criminal behaviors are considered minor or not socially reprehensible by large segments of the population. The legal label “crime” does not always align with the collective moral judgment. can lead to public debates
Deviant but Not Criminal
Some behaviours, while not illegal, are still considered deviant by portions of society.
Because an act may be legally permissible but still clash with prevailing moral standards. The evolution of social norms can lead to discrepancies between what is legal and what is seen as acceptable
Acts That Are Both Criminal and Deviant
Most crimes are inherently seen as deviant behaviors.
Acts such as murder are classified as crimes because they are universally regarded as appalling and intolerable. These acts breach both legal standards and societal moral cod. The dual classification justifies the imposition of official and severe punishments.
Defining Criminal Behaviour
Legal Definition of Criminal Behaviour
This concept refers to criminal behaviour defined by the legal system as actions forbidden by law, typically requiring both a “guilty act” (actus reus) and a “guilty mind” (mens rea)
Exceptions
Self-defence:
Even if an actus reus and mens rea are present, actions in reasonable self-defence are not considered criminal
Strict Liability
Certain offences do not require mens rea. Example: Many regulatory and health & safety laws—where negligence or failure to safeguard can lead to convictions regardless of intent.
Social Definition of Criminal Behaviour
This concept refers to how criminal behaviour is perceived in society, which can differ from strict legal definitions.
Social definitions consider public opinions and cultural norms regarding what constitutes a crime, beyond the legal framework.
Differing Views
The public may not view certain legally defined crimes as “real” crimes (e.g., fare-dodging, slight speeding, soft drug use).
Law Enforcement Priorities
Not all laws are enforced equally Complex offences like white-collar crimes may be harder to investigate, and some minor crimes (e.g., soft drug possession) may be deprioritized.
Law-making Influences
Criminal definitions are socially constructed, shaped by media, public opinion, pressure groups, and powerful interests. Laws can evolve—what is legal at one time may later be criminalised (e.g. stalking), reflecting changes in society’s values and influence.
1.2
How laws change over time
Drug Laws
Changes Over Time
Drug laws have been transformed from criminalizing possession to treating drug use as a public health issue.
Legal Shift
In Portugal from 2001, possession of drugs became a civil offense rather than a criminal one, provided quantities were within a personal ten-day supply.
This change came after decades under a dictatorial regime (pre-1975) that enforced strict social regulations, followed by a dramatic rise in drug addiction and related public health issues.
Reasons for the Change
The rapid increase in drug addiction and its societal costs prompted a re-evaluation of punitive approaches.
Addiction Crisis
By the 1990s, heroin addiction affected about 1% of the population
Public Health
The focus shifted to harm reduction and referral to support services rather than punishment.
Economic Impact
The law change was also seen as a cost-saving measure, reducing public spending on drug-related issues by nearly 18%.
Gun Control Laws
Changes Over Time
Gun control in the UK was significantly tightened after high-profile mass shootings.
Trigger Events
Mass shootings at Hungerford (1987) and Dunblane (1996) caused public outcry.
Legislative responses
-In 1997, legislation banned handguns (first restricting to .22 single shot then completely).
-Both Conservative and Labour governments played roles in enacting stricter laws.
Reasons for the Change
Public demand for safety and campaigns by advocacy groups drove legislative reform.
Public Reaction
Outrage following mass shootings created a climate for change.
Policy Outcome
New laws now severely restrict the ownership of handguns in Great Britain.
Advocacy
Campaigns by legal experts, academics, and bereaved families pushed for reform.
Laws Relating to Children
Changes Over Time
Societal views of childhood have evolved, prompting significant legal reforms.
Social Construction
Childhood was not always seen as a distinct, protected phase
Historical Shift:
In earlier centuries, children were treated as small adults with similar rights and duties. Over time, the view shifted to seeing children as vulnerable and in need of protection.
Legal Reforms
Factory Acts and compulsory schooling laws removed children from hazardous labor
Modern legislation (e.g., 2004 Children Act, UN Convention on the Rights of the Child) emphasizes welfare and rights.
Additional Laws and Policies
Specific policies now recognize children’s unique needs and rights.
Protection Measures:
Child-specific age limits (for activities like smoking, sex, etc.) underline the societal differentiation between children and adults
Homosexuality Laws
Homosexuality Laws
The legal status of homosexual acts has shifted significantly over time.
Timeline
In the UK, homosexual acts between men were criminalized in 1885.
England & Wales decriminalized such acts in 1967; Scotland in 1980; Northern Ireland in 1982.
The age of consent changed over time, reaching equality at 16 by 2000.
Reasons for the Change
Changes were driven by social, political, and human rights considerations.
Social Movements
Campaigns by groups like the Homosexual Law Reform Society and Stonewall highlighted inequality.
Political Influence
Politicians such as Roy Jenkins advanced legislative reforms.
Human Rights
Increasing concern over individual rights and privacy shifted legal perspectives.
Laws Concerning Physical Punishment
Changes in the Law
The use of physical punishment in criminal justice has been significantly reduced and eventually abolished.
Historical Practices:
Punishments included capital punishment (for many crimes) and corporal punishments like flogging, birching, and branding
Legal Evolution:
Capital punishment was gradually limited and then abolished (1965 in Britain).
Corporal punishment in the armed forces and judicial settings has also been phased out.
Reasons for the Changes
Ethical, practical, and societal factors led to the reduction of physical punishment.
Human Rights:
Capital punishment is now seen as violating the fundamental right to life.
Justice System:
Irreversible errors in capital punishment (e.g., wrongful executions) and the lack of deterrence supported the reforms
How laws change from culture to culture
Homosexuality
Homosexuality: Definition and Legal Context
Homosexuality refers to sexual acts between members of the same sex.
Legal Status
Male homosexuality is criminalized in 72 countries and lesbian relationships in 45, with some jurisdictions imposing the death penalty.
-It remains legal in regions like the UK, Europe, and the Americas.
Legal Nuances
Some nations, such as Russia, do not criminalize homosexuality per se but restrict its promotion.
Homosexuality: Cultural and Social Influences
Laws on homosexuality vary significantly due to religious values, public opinion, and gender biases.
Religious Beliefs
Many religious doctrines traditionally condemn homosexual behavior.
Public Opinion
Surveys (such as those conducted by Pew Research Center) reveal strong public support for bans in certain regions, especially where religion heavily influences law.
Gender Bias
Male homosexuality is more frequently criminalized than lesbianism, potentially reflecting underlying sexist assumptions
Adultary
Adultery: Definition and Legal Context
Adultery involves engaging in a sexual act where at least one participant is married to someone else
Legal Variance:
-Criminalized in several Muslim-majority countries, some Christian-majority nations in Africa, the Philippines, Taiwan, and in 21 U.S. state
-Decriminalized in many other countries, such as the UK and, as of 2018, India
Penalties
Range from severe (stoning, caning) to fines, depending on the jurisdiction.
Adultery: Cultural and Gender Dynamics
Adultery laws are shaped by religious moral codes and often reflect gender-based power imbalances.
Religious Influence
Many religions, including Christianity, Islam, and Judaism, condemn adultery (e.g., as seen in the Ten Commandments).
Gender Implications
In some societies, adultery laws disproportionately target or disadvantage women, reflecting their subordinate status.
polygamy
Polygamy: Definition and Forms
Polygamy is the practice of having more than one spouse simultaneously, and it comes in two main forms.
The practice involves engaging in multiple marital relationships at the same time. Polygyny: A man having two or more wives Polyandry: A woman having two or more husbands.
Polygamy: Cultural and Legal Variations
The legal status of polygamy varies according to differing religious doctrines and traditional
practices.
Religious Influence:
The Qur'an permits a Muslim man to have up to four wives, which shapes laws in many Muslim majority countries
Traditional Practices:
Some African societies have historically practiced polygamy, though its prevalence has declined over time
Legal Contrasts:
Despite its acceptance in many Muslim-majority countries, nations like Turkey and Tunisia criminalize polygamy.
cannabis
Cannabis: Legal Status and Regulatory Approaches
Cannabis laws distinguish between personal possession and activities like growing, importing, or supplying.
Legal Distinctions:
Possession for personal use is typically treated more leniently than distribution or cultivation.
Global Landscape:
Some countries (e.g., Canada, Uruguay) have fully legalized cannabis, while others, like
Portugal, have decriminalized it for personal use.
Penalty Variations:
In the UK, possession may result in up to 5 years imprisonment while supply can lead to 14 years, though actual sentences are often lighter (e.g., fines or warnings).
Cannabis: Cultural and Ideological Drivers
The legal approach to cannabis is driven by differing societal norms and strategies for controlling
drug use.
Norms and Values:
Societies that prioritize individual freedoms may view cannabis use as a personal right, leading
to more lenient laws
Control Strategies:
Some lawmakers favor harsh penalties as a deterrent, seeing cannabis as a potential “gateway” drug.
Others support legalization or decriminalization to reduce criminal control over drug distribution and to better address public health issues
How laws are applied differently according to circumstances in which actions occur
Age of Criminal Responsibility
Age significantly alters legal treatment, recognizing children’s limited capacity.
Children below a certain age are deemed incapable of fully understanding their actions and thus are not held to the same standard.
In England, Wales, and Northern Ireland, it is set at 10 years
In Scotland, the age is 12.
Youth courts handle cases for offenders aged 10 to 17 with more informal processes and alternative
sentencing (e.g., detention and training orders).
Homicide (Special Defences)
Specific defences exist exclusively for homicide cases to mitigate culpability.
Under the Homicide Act 1957, three defences allow a defendant to avoid a murder conviction by reducing it to manslaughter or negating voluntariness:
Diminished Responsibility: Mental conditions that impair judgment.
Loss of Control: A partial defence acknowledging extreme provocation.
Automatism: Actions performed without conscious intent
Differential Law Application
The enforcement of law varies with context and societal reactions.
The idea is that while laws should be applied equally, factors like public outcry can skew this ideal.
Typification's involve preconceptions about who is likely to be criminal, leading to biased enforcement
Situational factors (e.g., class, ethnicity, time, location) influence arrest decisions.
Moral panics trigger tougher sentencing for similar crimes to deter further misconduct.