WJEC Criminology - Unit 2

Values

the idea that society hold that make things ^^morally acceptable^^. ^^General principles^^ and guidelines for how we should live. They tell us what is right and wrong.

Norms

Things that society perceived as normal - ^^unwritten rules^^. Specific rules or socially accepted standards that govern peoples behaviour in situations. Norms keep in check deviant behaviour

Moral codes

Used to describe a ^^set of basic rules, values and principles^^ held by an individual, group or society. They are heavily dependent on culture. The moral code that we live by influences our lives and can dictate how we act dress and treat people.

Police code of ethics

Accountability, leadership, fairness, honesty, integrity, objectivity, openess and respect

Deviance

Any behaviour that ^^differed from the norm^^. Behaviour that is unusual, uncommon or out of the ordinary, goes against society’s norms and values.

3 ways behaviour can be deviant.

\- ^^good^^ - trying to save a life whilst putting your own at risk

\- ^^eccentric or bizarre^^ - living with an excessive amount of cats or excessive hand washing

\-^^bad^^ or disapproved of - assaulting the elderly

Forms of deviance

Can range from extremely serious acts to very trivial things. Some acts may be deviant but not criminal, some criminal but not deviant and some criminal and deviant

Formal sanctions

may include ^^legal punishment^^ such as a custodial sentence, a fine, community service order and a caution etc. This could also come from a ^^school^^ for example exclusion. These vary depending on severity of the crime, can be imposed by police or courts

Informal sanctions

^^a warning, disapproval^^ of parents and peers etc. Law enforcement may change the view on certain crime, overtime e.g. Drug use such as cannabis may change, and they may move from informal to formal sanctions

Criminal behaviour

A form of deviance that involves ^^serious harmful acts^^ that are a wrong against society. Regarded as so disruptive that the state must intervene on behalf of society

Legal definition of criminal behaviour

any action that is ^^forbidden by the criminal law^^. For the court to consider a defendants action to be a crime, the action must normally have two elements:

Actus reus

Guilty act

Mens Rea

Guilty mind

Examples where Mens Rea is not required:

Strict liability crimes. In some cases, mens rea isn’t required. The ^^wrongful act on its own is enough^^ to convict someone. These include offences such as speeding, health and safety and food hygiene.

Defence which negates the Mens Rea or Actus Reus:

^^Self defence^^ - assaulting someone (actus reus) with deliberate intention to harm (mens rea) is usually a criminal act. If it is done in self defence it is not a crime. Intoxication, insanity, loss of control, lawful excuse, infancy and necessity

The social definition of criminality

If a society has said that an act is a crime, then it becomes one. It is a crime because its ^^consequences are detrimental in some way to the community^^ or one or more people within it. Not all harmful acts are criminal e.g., anti-pollution laws specify now much of a pollutant a firm can legally emit even thought it will still harm the environment. Public have different views of what acts are really crimes, many may not view themselves as criminals for example people who go over the speed limit. ^^Varies between places^^

Formal sanctions against criminal

The penalties laid down by law that can be imposed on those convicted of a crime. There sanctions vary according to the severity of the crime. Sanctions can be ^^imposed by courts or the police^^ depending on the offence

Custodial sentences:

a judicial sentence, imposing a punishment consisting of ^^mandatory custod^^y of the convict, either in prison or a closed therapeutic or educational institution

Community sentences

combines some form of punishment carried out in the community. For example 300 hours of ^^unpaid work^^ removing graffiti The court impose these sentences

Cautions

not a criminal conviction, a caution is a ^^formal warning^^ given to a person who has admitted an offence. Imposed by police. Cautions always remains on a person's record

Conditional cautions

requires an offender to comply with conditions as an ^^alternative to prosecution^^. Could be rehabilitative, reparative or financial penalties. Issued by police

Discharge (conditional)

offender released and offence registered on their criminal record. No further action taken unless they commit a further offence within time decided by court.

Discharge (absolute)

no further action taken since the offence was minor or court considers that the experience has been enough of a deterrent

Penalty notice

A notice giving an individual the opportunity to be made ^^immune from prosecution^^ for an alleged criminal offence in exchange for a fee e.g., minor parking offence. Imposed by police officers.

Physiological theory - Lombroso

\-Criminal is a separate species

\-’born criminal’

\-can be identified by physical characteristics referred to as stigmata

\-based on autopsies of criminals

\-bodily features predictive

Lombroso strengths

\-first person to study crime scientifically and objectively

\-showed importance of using ^^historical and clinical records^^

\-He later started to account for ^^environmental factors not just genetic^^

\-He helps us see crime may not be a choice therefore we need to rethink punishment

Lombroso weaknesses

\-More recent research has ^^failed to prove his findings^^

\-He ^^failed to compare his results to a control group^^ - therefore his results may be invalid

\-Lombroso could be considered to be racist

Physiological theories - Sheldon

Connected body type with personality, body types associated temperaments and personalities - somatotypes

^^Endomorphic^^: (fat and soft) tend to be sociable and relaxed

^^Ectomorphic^^ (thin and fragile) are introverted and restrained

^^Mesomorphic^^ (muscular and hard) tend to be aggressive and adventurous. Sheldon found that many convicts were mesomorphic, and they were least likely to be ectomorphic.

Sheldon strengths

\-Other studies have ^^replicated his findings - Glueck and Glueck^^ found that 60% of the offenders they studied were mesomorphs

\-The most serious offenders in the study were the ones with the most extreme mesomorphic body shapes

Sheldon weaknesses

\-Glueck and Glueck claim they fail to consider environmental factors

\-Criminals may work hard to gain a mesomorphic body type so its hard to see ^^cause and effect^^

\-^^Social class^^ could cast the mesomorphic body type- manual jobs and also offending

\-Labelling - mesomorphs may be labelled as trouble makers and this leads to a self fulfilling prophecy

\-Sheldon fails to consider ectomorphs and endomorphs that do commit crime

Genetic theories - twin studies (Johannes Lange)

\-Investigated 13 monozygotic twins and 17 dizygotic twins

\-Found that 10 of the 13 monozygotic twins had both served time in prison

\-Only 2 of the 17 dizygotic twins had born served time in prison

Genetic theories - twin studies (Christiansen)

^^Concordance rates:^^ The probability that is one twin has a characteristic the other twin will have the characteristic

Investigated 3586 twin pairs born in the eastern half of Denmark between 1881 and 1910.

Male MZ concordance rates - 35%

Male DZ - 13%

Female MZ - 21%

Female DZ - 8%

Twin study strengths

\-Because MZ twins have The same genetics it makes sense to make the link between criminal behaviour

\-More recent twin studies such as ^^Ishikawa and Raine^^ also have found the same correlation between MZ and DZ twins

Twin study weaknesses

\-If genes were the main sources there would be a 100% concordance rate

\-Twins live in the same home so it's hard to determine if it’s ^^environmental or genetic^^

\-Early studies did not have DNA testing so it would be difficult to be sure they had DZ twins

Adoption studies - Hutchings and Mednick

Studied 14,000 adopted children and found a high proportion of boys with criminal conviction, had biological parents with criminal convictions too. This suggests that there is a ^^strong link between genetics and criminality^^

Adoption studies - Mednick et al

Studied adopted children, ^^found no relationship between the number of criminal convictions adopted parents^^ had and their adopted offspring. But, significant correlation between the number of criminal convictions of biological parent and offspring.

Adoption study strengths

\-Adoption studies ^^overcome^^ the problem that twin studies face of ^^environmental impact^^

\-Supported by other genetic explanations

Adoption study weaknesses

\-^^Goddfredson and Hirschi^^ believe that adoption studies actually show genes don't have much impact on criminality

\-Adopted children are often placed in ^^environments similar to their birth^^ family in terms of class and ethnicity- so may produce similar behaviour

\-Early environmental impact from birth parents may be the true cause of criminality

XYY theory

Jacob et al

XYY men are known as 'super-males' and are more aggressive and violent than males with a single Y chromosome.

Jacob et al found that XYY men are over represented in prison. 15 in 1000 men have the condition in prison compared to 1 in 1000 in the general population

Example of super male

John Wayne Gacy - tortured, raped and killed 33 young men, aggressive and unremorseful, had XYY chromosome

XYY strengths

\-^^Evidence^^ was found in people that were in prison for violence

\-^^Price and Whatmore^^ found links between the condition and property crime

XYY weaknesses

\-Even if some offenders have the syndrome it is not proof that this caused their offending - it is ^^very rare^^, only 1 in 1000 men have it so won't explain much crime

\-XYY males may be over represented in prisons as they fit the stereotype of a violent offender - and will be ^^labelled^^ as such and more likely to get a prison sentence

\-XYY males often have lower intelligence hence may be more likely to be caught.

Brain injuries and disorders

Damage or changes to the ^^pre-frontal cortex^^ can change a person's behaviour. This are a of the brain is associated with self control. Also some diseases such as dementia, brain tumours, Huntington’s and encephalitis.

Phineus Gage (brain disorders and injuries)

\-Railroad accident - September 1848 when leveling land with dynamite

\-3 foot inch thick tamping rod was projected in to his brain

\-The rod damaged the pre-frontal cortex. This region is implicated in personality changes and aggression/violence

\-Lost conscious and had convulsion immediately but awoke quickly and was talking and walking soon afterwards

\-Memory was intact, and was capable of learning new things

\-However, within months his personality had changed dramatically

\-He became extravagant and anti-social, a foul mouth liar with bad manners, frequently got into fights and assaults.

Raine et al

Used ^^PET scans^^ to study the living brains of killers, it was found that criminals were more likely to have damage to the pre-frontal cortex

McIsaac et al

A Canadian study that found that people who suffered serious brain injuries are ^^twice as likely to end up in prison^^

Brain injuries and disorders strengths

\-In a few cases it has been seen that brain injuries cause changes to someone's personality and behaviour

\-There are examples of ECG readings and psychopath behaviour

\-Prisoners are more likely than non prisoner, the have a brain injury

Brain injuries and disorders weaknesses

\-Crimes caused by brain injury are rare

\-Some psychopaths have normal ECG patterns

\-Prisoners may obtain the brain injury after the crime is committed-hard to establish cause and effect

Biochemical explanations - sex hormones

Males- over ^^production or underproduction of hormones^^ may cause emotional and aggressive outbursts. The male hormone testosterone has been linked with crimes such as murder and rape.

Females - pre menstrual tension (PMT) post, natal depression and lactation (breastfeeding) have all been ^^accepted as partial defences^^ for women charged with crimes ranging from shoplifting to infanticide on the ground they had lost control.

Biochemical explanations - Blood sugar levels

Hypoglycaemia (low blood sugar) can ^^trigger aggressive reactions^^ - there is also a link between low blood sugar and alcohol abuse. Drinking in large quantity lowers blood sugar and leads to aggressive behaviour,

Biochemical explanations - Substance abuse

this involves taking drugs some ave legal such as alcohol or illegal such as MDMA, Cocaine and Heroin. Saunders argues that alcohol plays a part in around 1000 arrests per day

Biochemical explanations - Other substances

other substances such as food additives and diet have an impact on behaviour, these could be due to allergies and vitamin deficiency. Also lead pollution leads to a change in behaviour. E.g. Vitamin B deficiency links to erratic and aggressive behaviour.

Biochemical case study - Christine English

Pre menstrual tension - 1980

PMS defence - murdered her boyfriend

Biochemical case study - Michael Young

Testosterone injections - 2016

Murdered his wife

Biochemical case study - Steven David Garcia JNR

Diabetic - blood sugar being low upheld as defence - 2005

Convicted of attempted second degree murder

Biochemical case study - Brian Browning

Blamed him killing his wife on him taking 6 sleep in pills - 2015

Biochemical case study - Dan White

Twinkie defence (over indulgence of sweets) - 1978

Killed two

Criticisms of biochemical explanations

Environmental factors - nurture debate. ^^Doesn't take into account environmental factors^^, that crime can be learnt from surroundings. Too much emphasis on biochemical explanations

Sample bias-choose convicted criminals. Can't be generalised to everyone

Gender bias-^^can't be generalised to women^^, teens and children as it usually focuses on men

Crime is a ^^social construct^^ which changes over time and locality. Born a criminal, but crime is defined (contradicts)

Social construction of criminality - cross cultural

Polygamy, adultery, homosexuality and cannabis

Why the law varies between cultures - religion (adultery)

Illegal in countries such as Philippines and Taiwan (Christian majority), Iraq and Syria (Muslim majority). ^^Laws often based around religion^^. They forbid adultery as it goes against the 10 commandments. In the UK and Spain which are more secularised, religion is less prominent do people view cheating as less of a sin.

Why the law varies between cultures - norms and values (adultery)

Countries where adultery is illegal, it is considered extremely unacceptable and they believe cheating should be punished as it goes against values of commitment.

Why the law varies between cultures - religion (homosexuality)

many religions traditionally condemn homosexuality. Countries where ^^religion has a strong influence over law-making^^ are more likely to have laws making homosexuality a crime. By contract, secular societies, social norms are generally more tolerant of sexual diversity

Why the law varies between cultures - public opinion (homosexuality)

polls by the Pew Research Centre show higher levels of support for bans on homosexuality, in some countries. Some of these are countries where religion has a strong influence e.g. 95% in Egypt believed homosexuality should be rejected but others such as Russia are not.

Why the law varies between cultures - sexism (homosexuality)

the fact that male homosexuality is a crime in more counties than female homosexuality may be due to sexist assumptions by lawmakers that women were incapable of some-sex attraction

Homosexuality illegal

Jamaica, Kenya, Cameroon, Pakistan and Barbados

Homosexuality legal

Colombia, Brazil, Argentina and South Africa

Why the law varies between cultures - norms and values (cannabis)

different laws reflect different attitudes: societies with greater emphasis on individual freedoms may seem drugs use as victimless, or as an individual's right to do what they with with their body.

Why the law varies between cultures - different ideas (cannabis)

Different ideas about how best to control drugs use:some say that the best way the prevent drugs causing harm is by taking a tougher stance to deter their use. Others see legislation or decriminalisation as a way to take cannabis out of the hands of criminal suppliers and reduce harm, be enabling users to get help for their problems

Arguments for cannabis legislation

victimless, no drug dealers- sold legitimately so is safer

Arguments against cannabis legislation

gateway for other drugs

Homosexuality - changes over time

1967: homosexual acts between men (age 21+) legalised

1994: Age of consent lowered to 18

2000: Age of consent equalised with heterosexuals (16)

Why did homosexuality law change (Wolfenden Report)

homosexual behaviour between consenting adults in private should no longer be considered a criminal offence- 1957

Drug laws - case study (Portugal’s decriminalisation)

From 2001, possession of drugs changed from a crime to a civil offence, if the quantity involved was less than for a ten-day personal supply. Law applied to both 'hard' and 'soft’ drugs

From 1930s until 1975, Portugal was ruled by a right wing dictatorship as a 'closed' and strictly regulated society

After revolution in 1975 Portugal become a democracy and the increased openness of the country led to a large influx of drugs. Portugal had the highest rates of heroin addiction in Europe as well as rising rates of HIV from needle sharing.

The thinking behind the decriminalisation was that drug use should be regarded as a public health issue aimed at harm reduction, rather than an issue for the Criminal Justice System. Users are referred to health and other support services, rather than being prosecuted.

Since the change, drug us has Galen and death from drugs -now lowest in Europe

Gun control laws UK

access to firearms changed following two mass shootings:

\-Michael Ryan, 1987: unemployed antique dealer shot and killed 16 people in Hungerford, Berkshire

\-Thomas Hamilton, 1996: unemployed former scout leader shot dead 16 children and one teacher at Dunblane primary school.

Case study: Dunblane massacre

It lead to the outlaw of private ownership of most handguns within Great Britain.

Shotguns are only allowed for sport, estate management, competition purposes-slaughtering instrument or target shooting.

The police now carry out checks for those owning guns - what type they'll use, renewal of certificate, must -inform cheif police officer

Dunblane led to law changes because…

\-Public outcry

\-Campaign by The Gun Control Network (lawyers, academics and professors)

\-The Snowdrop Campaign (bereaved parents and friends organised petitions)

Laws relating to children

Childhood is an example of social construction. Although every one goes through a biological stage of physical immaturity, how society has defined this phase has differed greatly over time.

Philippe Aries

Until the 13th century, the idea of childhood did not exist. Children were put to work from an early age and were in effect mini adults. The law made no distinction between children and adults children could face the same severe punishments as adults. Societies have become move child centred - emphasis on education and having a fulfilled childhood, meaningful socialisation.

Capital Punishment

execution by hanging, not only for murder but less serious crimes eg. The 1723 Black Act made over 50 offences of theft and poaching into capital crimes.

Corporal Punishment

flogging, birching (caning), branding and being but in the stocks

Capital Punishment in UK

was abolished in Britain in 1965. Corporal punishment has gradually disappeared. Flogging in the armed forces was abolished in 1881 and all corporal punishment of offenders was abolished in 1967

Reasons for capital punishment changes

Now regarded as a breach of the most basic human right. Nothing can be done to correct a miscarriage of justice with capital punishment. Not a deterrent as crimes which result in the death penalty do not decrease in places which have introduced it.

Society has moved away from the idea of physical violence, with physical punishment to control behaviour gradually being replaced by self-control.

Differential enforcement of the law

Could depend on class/status, race and religion. The law is not always enforced equally: moral panics, typifications

Moral Panics

widespread feeling of fear that threatens the values of society, crime over exaggerated —> Mods and rockers, London riots. - laws applied differently (sentences)

Typifications

creating a standard social construction based on standard assumptions. Cicourel. Chambliss - middle class more likely to get away with something than working class.

Age of criminal responsibility

In England, Wales and Northern Ireland criminal age of responsibility is 10.

Youth courts and punishment

Most countries have separate court, to deal with offender below a certain age. In England and Wales, youth courts are special magistrates courts that near cases involving people age 10-17. They are less formal. The court cannot send anyone to prison but can impose sentences-detention and training order carried out in a secure centre.

James bulger case - murderers imprisoned but given new identities upon release

Homicide: 3 special defences contained in Homicide Act 1975

Diminished responsibility, loss of control and automatism

Diminished responsibility

defendants mental condition substantially reduced ability to understand actions- reduced to manslaughter (agitated and angry after

Loss of control

partial defence- may reduce to manslaughter (bipolar and severe depression)

Automatism

crime must be a voluntary act, the defendant must have consciously chosen to commit it. If they can show that it was involuntary, they can plead the defence of automatism-not guilty. (Sneezed and stabbed husband)

Why did homosexuality law change (campaigns)

Homosexual Law Reform Society - made up of leading public figures; successfully campaigned for 1967 law change

Stonewall - campaigns for the equality of lesbian, gay, bisexual and trans people across Britain

Campaign for homosexual equality - played key role in equalising age of consent at 16

Why did the homosexuality law change? (Politicians)

Such as Roy Jenkins supported the campaign, others since have supported changes like the 2010 equality act

Why did the homosexuality law change? (Human rights)

\
State has no right to control citizens’ private life

Law which reflect society’s view on children 1

Laws excluding children from paid work - no children works under 9 years old, passed to improve conditions of children working in factories

Law which reflect society’s view on children 2

Compulsory schooling (1880) - education compulsory between ages of 5 and 10

Law which reflect society’s view on children 3

Children protection and welfare legislation (1989 UN Convention on the Rights of the Child - non discrimination, best interest of the child, right to life and development and right to be heard) (2004 Children Act - reinforces that people and organisations working with young people have a duty to safeguard and protest)

Individual theories - learning theories

We learn behaviour and crime in two ways:


1. Directly through reward and punishment
2. Indirectly through observing another person be rewarded and/or punished, and imitating that behaviour

Learning theory - Differential association - Sutherland

People learn their values and techniques for criminal behaviour from those around them. If surrounded by criminal behaviour it becomes normal so a person may also commit the behaviour because of:

Universities of crime

Criminals are surrounded by other criminals so will learn about other types of crime and possibly commit those crimes. They will be socialised with other criminals.