OCR Criminology Theories Unit 2 Booklet PDF

UNIT 2 Learning Objective 1 AC1.1 and AC1.2 Name: 1 SPECIFICATION CONTENT 2 3 4  AC2.1 Compare criminal behaviour and deviance Learning Question: Can I describe criminal behaviour from a social and legal def...

UNIT 2 Learning Objective 1 AC1.1 and AC1.2 Name: 1 SPECIFICATION CONTENT 2 3 4  AC2.1 Compare criminal behaviour and deviance Learning Question: Can I describe criminal behaviour from a social and legal definition and examples of formal sanctions against criminals? Lesson Context Prior Knowledge: Where next? This lesson: Deviance: norms, moral SYNOPTIC CONTENT Criminal Behaviour: codes and values Moral Panic Social and Legal definitions. Informal and formal Changing public concerns and Formal sanctions against sanctions against deviance attitudes criminals Forms of Deviance Perceptions of crime trends Stereotyping of criminals Levels of responses to crime and types of punishment Changing priories and emphasis When trying to explain the meaning or definition of the word crime, it is not a straight forward word to be able to define. ** If an exact question asks you to describe the word crime and is not specifically linking to one of the other explanations below, then you need to explain this from a social and legal definition 5  Criminal Behaviour: Social Definition Definitions of crime vary from one society to another. Actions may be illegal in one state and not another. Some criminologist say that crime is defined by those who deem it to be a crime (based on societal reactions to the act – circumstance action was committed in, social attitudes of the time and social characteristics of the person committing the crime). Other factors can be age and cultural backgrounds. Sometimes crime is a label from ‘social interaction’ or a wrong against that community. If society says an act is a crime – this then becomes a crime. Crimes have consequences that are detrimental in some way to: Blackburn (1993) defines crimes as Community at large “acts attracting legal punishment… One or more people within it. offences against the community.” Some crimes are universally disapproved of- e.g., sex offences, most people in Crimes have consequences that are the UK would think it is wrong to have sex with a 14-year-old. injurious in some way to the However. in some countries forced marriages exist (Bangladesh) – children must community at large, or to one or Criminal become Behaviour: child brides. Legal Definition more people within it. In our society – it is the legal system that defines a crime. E.g., behaviour that breaks the law – which you are then punished by the legal system. Examples - theft, murder, fraud. Criminal Offence: In law a crime must have two elements: Actus reus: - means the guilty act (E.g., Act of shooting) Mens rea: Means guilty mind – (E.g., Act would be intention to kill) E.g., If someone takes a gun and deliberately shoots someone else through the heart and then dies. Strict Liability Strict liability offences only require the prosecution to prove that a defendant committed an unlawful act, not that the defendant intended to commit the unlawful act. (Sometimes the wrongful act on its own is enough to convict someone. Even if you didn’t intend to do wrong, sometimes it is still a crime Many health and safety laws work on this but also traffic laws for example speeding). Examples Careless driving Statutory Rape: Engaging in sexual activity with a minor, where the minor's age makes consent irrelevant. 6 Self-defence -Assaulting someone when it is self-defence is not a crime. So long as the force used was reasonable in the situation. Criminal Behaviour According to Society Not all harmful acts are crimes just as not all crimes are harmful acts For example – Air Pollution isn’t a crime but Vagrancy is The public often have different views of what acts are ‘really’ a crime. Sometimes, laws are changed to reflect changes in public opinion. For example, stalking did not become a specific offence until the Protection of Freedoms Act was passed in 2012. Answer the question below: Explain the legal definition of crime. 7 In the UK, the law distinguishes between 2 main types of offence Summary offences: these are less serious offences, such as speeding. Indictable offences: these are more serious offences, such as rape or murder. Non-Court Sanctions – Police Cautions – administered by the police for minor crimes – e.g., writing graffiti on a bus shelter. Individual has to admit to an offence – agree to be cautioned; otherwise, you could be arrested for the offence. A caution is not a criminal conviction. Conditional Cautions – given by the police – Individual has to agree to certain rules/ restrictions – repairing something they have damaged/ treatment for drug/alcohol abuse. Penalty Notices for disorder – given for offences – being drunk and disorderly in public, possessing cannabis, shoplifting. Only given if over 18. Court Sanctions Custodial sentences – immediately sent to prison. Are mandatory and discretionary life sentences and fixed term and indeterminate prison sentences. Community Sentences – Can be a combination order – unpaid work, curfew and orders – drug testing and treatment, probation. Fines – financial penalties: amount depends on seriousness of the offence and the financial circumstances of the offender. Discharge – can be conditional – if defender reoffends during a set time period the court can give an alternative sentence – or absolute when no penalty is imposed as the defender is technically guilty but morally blameless. Example of Absolute Discharge Imagine a person who 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. 8 While technically guilty of DUI, the defendant's actions were driven by a moral impulse to help someone in need, and the court might decide that imposing a penalty or criminal sanction would be unjust, considering  Watch the video and answer the questions What does the clip suggest about how you would decide on a sentence for a criminal? What is one of the most important things judges and magistrates should consider when sentencing? What do judges and magistrates use to decide on sentences? Although circumstances of crimes might be different, what is always the same? Note the 8 points that judges and magistrates consider when deciding on a sentence and give examples of each one. What are the four main types of sentences? Why is prison used as a punishment? How much time will someone spend in prison? What do community sentences include? What determines the level of a fine? What is a discharge? Why are they sometimes used? 9 A homeless man is arrested for stealing a loaf of bread from a supermarket, he has no prior convictions and did not use violence or force when he committed the theft. Why could this be an example of absolute discharge? There are a wide range and varieties of different types of criminal acts. Types of a Criminal Act Examples Fatal offences against the person Murder, manslaughter Non-Fatal offences against the Assault, battery, actual and grievous bodily harm person Offences against property Theft, robbery, burglary Sexual Offences Rape, Affray, violent disorder Public Order offences Riot, affray, violent disorder Drug Offences Possession of a controlled drug or possession with intent to supply 10 Other Implications of Committing a Criminal Act As well as the punishment imposed by the court, the offender will also receive a criminal record. Depending on the offence and the court’s sentence, there may also be other implications. Exclusion from certain occupations (e.g., working with children) Could be placed on the Violent and Sex Offenders register They may be banned from travelling to certain countries There may be restrictions on adoption, jury service and standing for elected office. It could even be a problem when buying insurance. EXIT TICKET Explain why it is difficult to define the word crime. 11  HOMEWORK Watch the video on variety of different crimes and make some more notes as part of your homework below: https://www.youtube.com/watch?v=WZuyEmshhl8 SYNOPTIC LINK AC1.1 White collar crimes – generally non-violent, committed in commercial situations for financial gain -computer and internet frau, credit card fraud, tax evasion. Types of offender – usually people of high social status/ respected/trusted by victims. Often work in commercial employment - can be involved in organised groups -triad, mafia, crime gangs in eastern Europe/UK White collar crime is both criminal and deviant – criminal as their actions are against the law and deviant as the actions are against the norms of society. 12  Read case studies below Bernie Madoff Bernie Madoff was behind the biggest Ponzi scheme in history, defrauding thousands of investors out of an estimated $65 billion. Overview: Madoff ran a fraudulent investment scheme, promising high, steady returns. Instead of investing clients' money, he used funds from new investors to pay older ones, creating the illusion of profits. The scheme collapsed in 2008, when too many investors tried to withdraw their money of about $7 billion, but he didn’t have the money to pay them. His sons reported him to the FBI when he told them it was one big lie. Madoff was arrested and later sentenced to 150 years in prison in 2009. Impact on the victims Madoff’s fraud devastated thousands of investors, including: Individuals – Many lost their entire life savings, including retirees who depended on Madoff’s promised returns. Charities – Several foundations went bankrupt because they had invested all their funds with him. Institutions – Banks and hedge funds also suffered, some losing hundreds of millions of dollars. Families – Madoff’s own family was deeply affected; his son Mark Madoff died by suicide in 2010, unable to cope with the scandal. Some victims eventually received partial refunds through asset recovery efforts, but many never got back what they had put in. https://www.britannica.com/video/did-you-know-Bernie-Madoff-Ponzi-scheme/-268096 https://www.youtube.com/watch?v=-Tc71JI4Bmg Nick Leeson Nick Leeson was a trader who secretly made risky financial deals, trying to make big profits. When his trades started losing money, he hid the losses in a secret account instead of reporting them. Over time, his losses grew to £827 million—more than his bank, Barings, could afford. Because no one checked his actions properly, the problem went unnoticed until it was too late. In 1995, the bank collapsed. Leeson tried to escape but was caught and sent to prison for fraud. His case highlights the dangers of weak financial controls and unchecked power in banking. 13  DEVIANCE AC2.1 Compare criminal behaviour and deviance START NOW Learning Question: Can I describe deviance linking to norms, values and moral codes, forms of deviance and informal and formal sanctions against deviance? Lesson Context Prior Knowledge: Where next? This lesson: Criminal Behaviour: Deviance: norms, moral Social Construction: Social and Legal definitions. codes and values How the laws change Formal sanctions against Informal and formal from culture to culture criminals How the laws change sanctions14 against deviance over time Forms of Deviance  DEVIANCE Deviance to behaviour that goes against the The norms, moral codes and values are basically dominant social norms of a specific group or unwritten rules of unacceptable behaviour – these society, which causes some kind of critical are used interchangeably in society reaction or disapproval. Social Values Norms Social Values are rules shared by most people in a While values lay down general principles or culture, or ideas that they hold in value. They are guidelines, norms are specific rules or socially the foundation to judge between what is right accepted standards that govern people’s and what is wrong. They are more general behaviour in particular situations. These vary guidelines than norms. For example, most people from culture to culture. feel that we should respect the elderly. Moral Codes Mores Moral Codes Mores The term ‘moral codes are morals, or good ways Mores are morals or “good” ways of behaving. of behaving. Basic rules, values, and principles They are formed out of a person’s core values. which are held by an individual, group, organisation or society as a whole. They are ideas that a culture would think of as too serious to break. Breaking a moral code would generally be considered serious in society – for example For example, do not commit murder. murder - This may be written down for example the Police Code of Ethics 15  Answer the questions below Define the term social values and give one example Define the term mores and give one example. 16 Bullet point ideas for your turn and talk task Norms Values Past and Present Past and Present Name of chosen topic Moral Codes Past and Present 17  DEVIANCE Deviance is any behaviour that differs from normal. In other words -Deviance is any behaviour that differs from normal. In other words, it is behaviour that is unusual, uncommon or out of the ordinary in some way. behaviour that is unusual, uncommon or out of the ordinary in some way. Deviance is any violation of society’s norms or going Behaviour could be unusual in one of three different against expected behaviour ways: Break the ‘norms’ of society. Behaviour that is unusual and good (admired behaviour) Acts that are ‘not the done thing.’ (E.g., heroically risking one’s own life to save someone else) Deviant acts are the actions that we frown Behaviour that is unusual and eccentric or bizarre (odd upon and believe to be ‘unacceptable.’ behaviour) (E.g., talking to the trees in the park/excessive For example, trumping really loudly in assembly. number of cats) Behaviour that is unusual and bad or disapproved of (bad behaviour) (E.g. physically attacking someone for no Forms of Deviance reason) Behaviour that is unusual and bad or disapproved of Behaviour that is unusual and bad or disapproved of (bad behaviour) (E.g., physically attacking someone for no reason) This type of ‘rule breaking’ leads to a critical, hostile or disapproving reaction from others. Behaviour that is unusual and eccentric or bizarre (odd behaviour) (E.g., talking to the trees in the park) These ‘others’ could be society as a whole or a sub- group within society. Behaviour that is unusual and bad or disapproved of (bad behaviour) (E.g., physically attacking someone for Their reaction may involve punishing the deviant in no reason) some way. 18  Complete the activity below Answer the question below: 19  FORMAL AND INFORMAL SANCTIONS Deviance that is disapproved of is likely to lead to Ones imposed by official bodies such as the police, negative sanctions- that is, punishments of various courts, schools and other institutions. kinds. They are punishments for breaking formal written Sanctions can be rules or laws. Formal or Informal E.g., schools may exclude pupils for bullying or courts Positive may fine an offender for theft, imprisonment for some deviant acts Acts of Social Control Informal Sanctions for Deviance Formal Sanctions for Deviance Informal sanctions are used where the rules are not formally written down and Ones imposed by official bodies such as the police, are perhaps ‘unspoken’. courts, schools and other institutions. Examples They are punishments for breaking formal written rules or laws. Frowning upon behaviour E.g., schools may exclude pupils for bullying or courts Name calling etc may fine an offender for theft, imprisonment for some Ignoring the behaviour deviant acts. Labelling behaviour Being grounded SANCTIONS AS AN ACT OF SOCIAL CONTROL POSITIVE SANCTIONS FOR DEVIANCE Society does not wish for deviant behaviour Sanctions do not necessarily have to be negative to become the social norm Societies may choose to reward the behaviours they To avoid this, sanctions are created by approve of generating a culture of positive reinforcement society with the view of seeking to control For example, Medals of honour, Sporting achievement being awarded, Praise from a parent or teacher behaviour and ensure we confirm to the 20 expected social norms and values negative Societies may choose to reward the behaviours they approve of generating a EXIT TICKET 21 Homework – needs to be completed for next lesson so you can complete the start now. Read the answer below Using the mark scheme – decide how many marks you think this would get -which mark band would it fall in? Compare criminality and deviance with reference to relevant examples (6) Criminality in the legal system is described as behaviour that breaks the law. Socially it could be described as an act that goes against the community, that society disapproves of. A deviant act is one that goes against society’s shared norms and values. However, it isn’t necessarily against the law. An example of a deviant act is committing adultery, as cheating on a partner is frowned upon in many societies, yet is not illegal. It can be said that not all criminal offences are examples of deviance, such as possession of cannabis, which is arguably becoming more acceptable in society, with some American states legalising it. 22 SOCIAL CONSTRUCTION OF CRIMINALITY AC1.2 Explain the social construction of criminality START NOW Read the scenario and answer the question Compare criminality and deviance with reference to relevant examples. 23  Learning Question: Can I describe social construction of criminality; including how laws change from culture to culture and over time? Lesson Context Prior Knowledge: This lesson: Where next? Deviance: norms, moral Social Construction: Social Construction codes and values How laws are applied How the laws change from differently- places and Informal and formal culture to culture times. sanctions against deviance How the laws change over Forms of Deviance time SOCIAL CONSTRUCTION OF CRIME CRIME IS NOT Refers to something that has been made or FIXED defined by society, rather than occurring naturally. What counts as criminality is simply which ever acts a society defines as criminal. TASK Historical and cross-cultural evidence shows that what is classed as criminal/deviant can change over time and vary between cultures. Task 1: List 3 acts that were either illegal in the past and are now legal or vice versa. Task 2: List 3 acts that are illegal in the UK but are legal in other countries or vice versa. 24  There are lots of interconnected reasons why laws and therefore what counts as a crime vary between cultures. For example: *Religious beliefs *Different norms and values *Tradition *Public opinion *The status of different groups of people within a culture HOW LAWS CHANGE FORM CULTURE TO CULTURE Adultery Honour Crimes Homosexuality What the Sexual relations between a Crimes where the accused has brough Involving or characterised by sexual definition married person and shame on their family. For example, attraction between people of the same of the act another, with the this can include killings for the persons sex is? exception of their spouse conduct (refusing to enter an arrange marriage, being in a relationship that displeases the family. What is Not considered a criminal These actions are crimes and is One it was illegal, - partially the offence, but may have legal murder if a killing is involved. decriminalised in 1967 with the age of situation consequences in divorce consent – participate legally in sexual with proceedings. relations, ages set at 21, then lowered regards to to 18, then 16. Initially civil partnerships legality in were allowed and then same-sex the UK? marriages. Cultures UK and all other European Most honour crimes take place in UK, Europe, USA and Canada where it countries South Asian and Middle Eastern is legal Families Cultures Many countries governed UK, USA, Pakistan, Europe India, Saudi Arabia, Iran, Nigeria and where it by Islamic law – Pakistan, Yemen is illegal? Saudi Arabia. Nearly half Having evidence is normally one issue USA consider it a crime, most see as a misdemeanour (minor offence) Why the Religion- Bible states that Thought to have originated from tribal Religion is a major reason. Bible says law adultery is a sin customs, an allegation against a woman that homosexuality is a sin varies in Status of women – owned by can damage their family’s reputation. different husbands, treated as None of the world’s religions forgive Some cultures it is taboo and against property. honour related crimes, however the norms. This then leads to cultures? Some politicians - do not perpetrators have sometimes tried to intolerance and prejudice (bigotry) want to be seen opposing justify their actions through religious moral laws- reluctant to grounds. change these. 25 Using the table on page 25, answer the questions below 1. Match the following terms to their correct definitions. 1. Adultery 2. Honour Crimes 3. Homosexuality 4. Social Construction of Crime 5. Cultural Relativism Definitions: A) Crimes committed to protect the reputation of a family or community. B) The idea that what is considered a crime varies across different societies and time periods. C) Sexual relations between a married person and someone other than their spouse. D) The belief that moral values and laws differ across cultures. E) Romantic or sexual attraction between people of the same sex. Write your answers below: 1. ___ 2. ___ 3. ___ 4. ___ 5. ___ Section 2: Legal Systems (5 Marks) Fill in the blanks using the words provided: illegal, legal, religious, honour, punishment In the UK, adultery is not a criminal offence but may have _____________consequences in divorce proceedings. Honour killings are classified as ______________ in the UK, but they still happen in some communities. In some countries, homosexuality is still considered ______________ and is punishable by imprisonment or death. Many laws regarding adultery, honour crimes, and homosexuality are influenced by ____________ beliefs. Laws and their level of ___________ vary between cultures, showing that crime is socially constructed. 26  Why do laws differ across cultures? Status of women Religion In some cultures, men have a different status to The laws of many countries are based on the religious culture of the country women. Women are perceived to be subservient to men and, as a result, legal and societal rights may vary Interpretations of religious texts have suggested that certain acts are sinful and In cultures where bigamy is not a crime, the ability to incongruous with religious teachings have more than one spouse usually applies only to men However, as religion plays a lesser role in society, so too might the influence of religion Female genital mutilation is seen in some cultures as a over such topics. prerequisite for marriage 27  Varying views on justice What is considered to be justice and an appropriate legal system can vary among different cultures Some countries allow financial payments to victims of crimes to discontinue legal cases; however, in other countries it would be seen as perverting the course of justice The death penalty is still used in some countries, but has been abolished in others, including the UK. EXIT TICKET Explain why laws differ across cultures. 28 Social Construction: How do Laws change over AC1.2 Explain the social construction of time? criminality START NOW Learning Question: Can I describe social construction of criminality; including how laws are applied differently in different places and times Lesson Context Prior Knowledge: This lesson: Where next? Social Construction: Social Construction: Social Construction How laws are applied How the laws change from How laws are applied differently- according to culture to culture differently- place and time. circumstances in which How the laws change over actions occur time 29  HOW DO LAWS CHANGE OVER TIME? Just as laws may change from one culture to another, they often change over time within a given society. Laws can change for a variety of different reasons, including: Changing norms and values Changing ideas about human rights Landmark events or cases Campaigns for change Growing knowledge and understanding as a result of research (especially linked to public health). Political backing EXAMPLES CAPITAL PUNISHMENT This is the practice of executing someone as punishment for a specific crime after going through the correct legal proceedings/legal trial In the 18th century, there were over 200 offences which the death penalty would be given. For example, shooting rabbits, pick pocketing. Laws were made by the rich to protect their properties, themselves. Key Terms Whereas the focus on laws were on poor people who were seen as agents Execute: To kill someone as a legal of their own misfortune and lazy. As all people were then given freedoms punishment and rights and had the right to progress in society, this was no longer the Statute: An Act of Parliament or view people had. This is also some of the reasons that the view on capital legislation punishment had faded. It eventually remained for very serious crimes Miscarriages of Justice: The conviction of a person for a crime such as treason and murder they have not committed. Miscarriage of Justice In the 1950’s, cases such as Timothy Evans, Derek Bentley were seed as miscarriages of justice. This led to a change about the public opinion of the death penalty and to then change the law. It became clear that many people have been wrongly convicted, as DNA evidence developed. However, it was not possible to put this right after someone was dead. The law was outdated and needed to be reformed. Capital Punishment was temporarily abolished for murder in 1965, then fully abolished in 1969. It had 30 it was abolished with the Crime and continued to be in the statue books for treason until1998 until Disorder Act.  Briefly summarise key points from the Derek Bentley and Timothy Evans case LAW AGAINST DOUBLE JEOPARDY Over time the law of double jeopardy has changed. Part of the reason was Ann Ming’s campaign, the law that prevents a person being tried again for the same offence was abolished for serious offences. A provision in the Criminal Justice Act 2003, came into force. It stated ‘that where there is new and compelling evidence’ which is pointing to the guilt of a former defendant, the Court of Appeal may quash the acquittal and order a retrial. The law at the time was inadequate to bring justice and it was a necessary change. The certainty of evidence has been allowed more, with the advancement in medical knowledge and technologies. This led to the successful prosecution of Gary Dobson and David Norris for the murder of Stephen Lawrence. 31 Explain what Double Jeopardy is and how the change meant that both Stephen Lawrence case and Ann Ming could get justice. 32  LAWS CONCERNING PROSTITUTION The world’s oldest profession is the selling of sexual services or KEY TERMS prostitution. Prostitution is in facts legal, but different connected activities are illegal. For example, kerb crawling, owning a brothel and Acquittal: verdict of a court, where soliciting in a public place. At one point the stigma attached to someone is found not guilty of a crime, prostitution was where women were immoral, due to having sex for they have been charged with doing. money. However, this has changed over time slowly, as for many women prostitution has given them a source of income, when they had Soliciting: To offer sex for money, few options of jobs. usually in a public place. With the appropriate regulation, there are now calls for it to be Kerb Crawling: Driving slowly along a decriminalised. There are concerns of how to protect vulnerable road, close to a pavement or a walkway people who could become involved in prostitution, sometimes against in order to ask a prostitute for sex. their will and to help make sure that women are safe. Brothel: A place where men go to pay Also due to an increased moral tolerance in society and a decline in to have sex with a prostitute. people believing in religion (secularisation), societies view has changed on prostitution. This is alongside the status of women in society, where equality has increase, as have opportunities for occupations and training for women. VAGRANCY This is where someone has no visible means of support and travels from place to place. This is often known as sleeping rough, begging, which is illegal under the Vagrancy Act (1824). This law was originally passed, to prevent further crime being committed but clearing the streets of beggars, vagabonds and rogues. As society accepted there can be legitimate reasons why people may be homeless, the Act fell into disuse. In more recent years, there has been people pretending to be homeless on the streets, when this is not the case and has increased the amount of prosecutions. Vagrancy is not looked upon with disapproval in today’s society and has changed since the 19th century. People are now sympathetic and concerned for vagrants and it is not connected with idleness or laziness. Other more genuine reasons are considered. 33  EXIT TICKET Discuss, using examples, how laws have changed over time (7 marks) 34  AC1.2 Explain the social construction of HOW LAWS CHANGE IN DIFFERENT PLACES criminality START NOW Learning Question: Can I describe social construction of criminality; including how laws change in different places and are applied differently according to circumstance in which actions occur Lesson Context Prior Knowledge: This lesson: Where next? Social Construction: Social Construction: Social Construction How laws are applied How the laws change from How laws are applied differently- in different culture to culture differently- place and time. places and according to How the laws change over circumstances in which time actions occur 35  HOW LAWS CHANGE IN DIFFERENT PLACES Jaywalking This is where pedestrians cross without the regards to traffic regulations- Example – step out anywhere other than a specified crossing or without a green light. - is an offence in most urban areas in the USA, Canada, Singapore and Poland. However, in the UK there is no such offence as it is considered a personal responsibility to cross the road safely. Cannabis Possession of cannabis is illegal in England and Wales, but it has been decriminalized in some countries with a similar culture. In the UK cannabis can now be prescribed for medical conditions. In countries such as Uruguay sand Columbia it is legal. Within England the law is policed differently according to police priorities and resources. -Durham police– don’t prioritize people who grow cannabis for personal use - Police in Cumbria do prosecute. TURN AND TALK What are the implications of possession of cannabis is policed differently on crime statistics and what it would suggest? 36  Female genital mutilation Female Genital mutilation (FGM) is a deliberate mutilation of female genitalia for non-medical reasons. It is usually carried out on girls under the age of 15, before they enter into sexual activity. It is illegal in the UK. It is carried out mainly in parts of Africa, Asia and the Middle East and is connected to cultural, religious and social reasons. The belief is it will preserve the girl’s virginity ready for marriage and will benefit her. The law surrounding FGM is different in different places. This is both due to views and understanding of it. In the UK, health implications and problems after the painful procedure, linked to mental health and relating in to sex are understood. With reference to examples, analyse how laws change due to time, place and culture. [9 marks] Plan your answer 37 With reference to examples, analyse how laws change due to time, place and culture. [9 marks] 38 How are laws applied differently according to the circumstances in which the actions occur? In theory the law is applied equally to everyone: Two people suspected of the same crime should be treated in the same way by the criminal justice system. However, there are several ways in which laws might be applied differently according to different circumstances. Can you think of an example of where we have seen this in unit 1? Age STEREOTYPES/ TYPIFICATIONS The age of criminal responsibility in the UK is ten. The law might be enforced differently against different Any child under ten years cannot be arrested, groups in society. Police officers and judges hold charged or prosecuted for a criminal offence, no typification’s about which type of people are ‘typical matter how much blame can be attributed to them. criminals’ often based on class, gender and ethnicity. In Canada – no person can be convicted of an This can influence the application of formal sanctions. offence under the age of 12 years In Bangladesh – it is 9 years and in China 16 years 39  Key Terms There are situations and times, when even though murder has Manslaughter: An unlawful killing without taken place with the appropriate actus reus (guilty act) and mens malice or afterthought sand in circumstances rea (guilty mind), the law allows an alternative charge of where it is not murder. manslaughter to made. Diminished responsibility: A partial defence This will only happen in specified circumstances- this can also for murder resulting in a conviction of include when an offender is said to have acted under a loss of manslaughter instead of murder. control or from diminished responsibility. Mandatory: Required by law The stated circumstances then act as partial defence and the law allows the charge of manslaughter instead of a mandatory life Consent: A defence in law that proves sentence. This is where all the sentencing options are open to the permission was provided by the appropriate judge. person for the crime to occur. These partial defences are only available to the charge of Self-defence: A defence in law allowing the murder. However, there are other defences that show that a use of reasonable force to avoid a person is not guilty of an offence. The defences of consent, self- conviction. defence and automatism – mean that a person is not guilty of a crime. Automatism: A defence in law where the defendant if not in control of their actions. TURN AND TALK Which of the different countries’ laws on the age where children are able to be convicted do you think is right? Explain your point of view 40 Research and find three examples of when the laws have been applied differently according to circumstances in which actions occur Example Summary of what happened and how the law was applied differently 41  EXIT TICKET Answer the question below for next lesson 42 43 44 45