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Unit 2: Criminological Theories

Learning Objectives

• AC1.1: Compare criminal behavior and deviance.
• AC1.2: Explain the social construction of criminality.
• AC2.1: Describe biological theories of criminality.
• AC2.2: Describe individualistic theories of criminality.
• AC2.3: Describe sociological theories of criminality.
• AC3.1: Analyze situations of criminality.
• AC3.2: Evaluate the effectiveness of criminological theories to explain causes of criminality.
• AC4.1: Assess the use of criminological theories in informing policy development.
• AC4.2: Explain how social changes affect policy development.
• AC4.3: Discuss how campaigns affect policy making.

Assessment

• External assessment: 90-minute examination, 75 marks total.
• Three questions per paper.
• Questions include short, extended answers based on stimulus material and applied contexts.
• Each question has an applied problem-solving scenario.
• Papers assess all learning outcomes and assessment criteria.
• Electronically assessed.
• Available in June annually.
• Learners get two resit opportunities; highest grade counts toward the overall qualification.
• WJEC provides a mark scheme for marking.
• Grading scale: A to E.

Criminal Behaviour vs. Deviance

• Criminal behavior includes social and legal definitions.
• Formal sanctions are applied against criminals; there's also a variety of criminal acts.
• Deviance covers norms, moral codes, values, and informal/formal sanctions, including forms of deviance.
• Criminality and deviance definitions are key, as are acts that are criminal, deviant, or both, with implications for committing them.

Social Construction of Criminality

• Social construction explains laws changing across cultures and over time.
• Laws are applied differently based on circumstances, place, time, and culture.
• Understand the impact and effect of reporting on public perceptions of crime and deviance.
• Media and campaigns contribute to the social construction of criminality and unreported crime.

Biological Theories of Criminality

• Genetic theories include Jacobs XYY study along with twin and adoption studies.
• Physiological theories include the works of Lombroso and Sheldon.

Individualistic Theories of Criminality

• Learning theories are key, including the research of Bandura.
• Also important are psychodynamic and psychological theories, such as those by Eysenck and Freud.

Sociological Theories of Criminality

• Summarize key points from various schools: Marxism, labeling, functionalism, and left/right realism.

Analyzing Criminal Situations

• Consider situations related to different crime types and individual criminal behavior.
• Must assess crimes against people/property, white-collar crime, and corporate crime.
• Application of theories should be demonstrated to understand potential causes through their application.
• Evaluate each theory's strengths and weaknesses in explaining crime is essential.

Criminological Theories and Policy

• Individualistic, biological, and sociological theories all impact policy.
• Different approaches to policy development exist: informal and formal, crime control vs. state punishment.
• Understanding the application for each theory and assessing their use in shaping crime policy is necessary.

Social Changes and Policy

• Social values, norms, mores, public perception of crime, societal structure, and demographic shifts influence policy.

Campaigns and Policy

• Campaigns involve newspapers, individuals, and pressure groups.

Social Definition of Criminal Behavior

• Societal definitions of crime vary; actions illegal in one state may not be in another.
• Some criminologists say societal reaction defines crime, based on factors like context, timing, and social characteristics.
• Age and cultural backgrounds also play a role.
• Sometimes crime becomes a label from social interaction or a wrong against the community.
• Community, or individuals within face consequences.
• Some crimes are universally disapproved of like sex offenses against minors.

Legal Definition of Criminal Behavior

• Crimes are defined by the legal system, breaking the law results in punishment.
• Theft, murder, and fraud are examples.
• An unlawful act only requires proof in strict liability offenses, without proving intention.

Elements of a Crime

• Actus reus: the guilty act.
• Mens rea: the guilty mind or intention.

Strict Liability Offences: Examples

• Careless driving.
• Statutory rape.

Self-Defense

• Assault in self-defense is not a crime if the force used is reasonable.

Criminal Behavior: Societal Views

• Harmful acts aren't necessarily crimes, and crimes aren't always harmful acts.
• For example, air pollution vs. vagrancy.
• The public's view on acts of crime differs, and laws change to mirror public opinion.

UK Offence Types

• Summary offences are less serious, like speeding.
• Indictable offences: are more serious, like rape or murder.

Non-Court Sanctions: Police

• Cautions for minor crimes, require admitting the offense; not a criminal conviction.
• Conditional cautions: require agreeing to certain rules or restrictions.
• Penalty notices for disorder: given for offenses like public intoxication limited to those over 18.

Court Sanctions

• Custodial sentences: imprisonment (mandatory, discretionary, fixed term, indeterminate).
• Community sentences: combination orders with unpaid work, curfew, drug testing, treatment, probation.
• Fines: financial penalties based on offence seriousness and offender’s financial circumstances.
• Discharge: conditional if reoffending occurs, absolute if technically guilty but morally blameless.

Absolute Discharge Example

• A person is found guilty of "driving under the influence" (DUI) but the context is crucial: the individual was driving under the influence of alcohol because they were trying to rush someone to the hospital in a life-threatening emergency.

Criminal Act Types

• Fatal offenses: murder, manslaughter.
• Non-fatal offenses: assault, battery, grievous bodily harm.
• Property offenses: theft, robbery, burglary.
• Sexual offenses: rape, affray, violent disorder.
• Public order offenses: riot, affray, violent disorder.
• Drug offenses: possession or intent to supply.

Implications of Committing a Crime

• Includes a criminal record along with punishments by the court.
• Exclusion may occur from certain occupations like working with children.
• Placement may occur on the Violent and Sex Offenders register.
• Bans may occur from traveling to certain countries.
• Restrictions influence adoption, jury service, and standing for elected office and could affect insurance options.

White Collar Crimes

• White collar crimes are non-violent and financially motivated such as computer fraud, credit card fraud, and tax evasion.
• Offenders often work in commercial employment and high social status.

Madoff Ponzi Scheme

• Bernie Madoff defrauded investors of approximately $65 billion, promising high steady returns from a fraudulent investment scheme.
• Investors' money wasn't invested; funds from new investors paid to the older investors.
• In 2008 the scheme Collapsed, leading to Madoff's arrest and a 150-year prison sentence.
• Thousands of investors were devastated, including individuals, charities, institutions, and Madoff's family.

Nick Leeson Case

• Nick Leeson concealed risky financial deals and huge losses leading to the collapse of Barings Bank in 1995. The case highlights the necessity of weak financial controls.

Deviance Definition

• Violates group or societal norms.

Social Values Definition

• Rules shared by most people as foundation to judge right/wrong.

Moral Codes

• Moral codes are morals describing good ways of behaving, and breaking them is considered serious.

Norms Definition

• Specific rules or socially accepted behavior standards.

Mores Definition

• Mores are morals viewed seriously.

Deviance Description

• Behavior differing from the norm.
• Breaking norms can lead to critical or disapproving reactions; reactions may involve punishing the deviant.

Forms of Deviance

• Unusual and good
• Unusual and eccentric or bizarre
• Unusual and bad or disapproved of
• Examples:
  • Speeding
  • Burglary
  • Naked bathing
  • Robbery
  • Smoking
  • Theft
  • Stealing from a friend.
  • Hoarding newspapers
  • Excessive washing of hands

Formal vs. Informal Sanctions of Deviance

• Formal Sanctions: imposed by official bodies for breaking written rules/laws.
• Informal Sanctions: stem from unspoken, unwritten rules (e.g., frowning, name-calling, ignoring).

Acts of social Control

• Deviant behaviors are being discouraged by sanctions and controlled in society.

Social Construction of Crime

• Crime is defined or made by society, and criminalities differ based on culture, time, and place.

How Laws Change

• Norms, values, human rights understanding, landmark events, campaigns, research, and political backing change the laws.

Capital Punishment Example

• Executions after legal proceedings.
• Numerous capital offences existed in the 18th century.
• The focus shifted from protecting the rich to individual rights, leading to its decline: temporarily abolished for murder in 1965, fully abolished in 1969.
• It had continued to be in the statue books for treason until1998 until it was abolished with the Crime and Disorder Act.

Double Jeopardy Example

• Double jeopardy prevents a person from being tried again for the same offense.
• Amended due to campaigns like Ann Ming's and provisions in the Criminal Justice Act 2003.

Prostitution

• Prostitution is the selling of sexual services. Certain activities associated with it are illegal. Regulations and decriminalizing prostitution helps to protect sex workers.

Vagrancy

• Vagrancy describes homelessness along with associated acts. Vagrancy isn't viewed with disapproval in today’s society due to increased support.

Laws Change in Different Places

• Jaywalking: an offense in most urban areas in the USA, Canada, Singapore and Poland. In the UK there is no such offence.
• Cannabis: illegal in England and Wales but is decriminalized or legal in other nations.
• Female genital mutilation (FGM) is still practiced and connected to cultural, religious and legal definitions, it is illegal in the UK.

Circumstances and the Law

• The age of criminal responsibility differ in different countries, as well as cultural standards.