Unit 2 - criminological theories

 Unit 2 - criminological theories

Topic 1.1 - compare criminal behaviour and deviance

Norms, values and moral codes:

This topic is about crime and deviance, about their meaning and their similarities and differences. A usual starting point is to say that both crime and deviance challenge or threaten accepted values and norms of behaviour. We therefore need to begin by looking at these two terms.

Norms and values -

Values are general principles or guidelines for how long we should live our lives. They tell us what is right and wrong, good and bad

Norms while values ay down general principles or guidelines, norms are specific rules or socially accepted standards that govern people's behaviour in particular situations.

An example of a value that is found in all societies is respect for human life. Other values may be specific to particular societies. i>E societies such as the UK and the USA place a high value on individuals accumulating personal wealth, which is seen as a worthy goal to pursue.

Many traditional societies, such as those of Native American peoples, place a high value on the duty of individuals to share their wealth with the group such societies also generally place higher value on respect for their elders.

The norms of a given society are linked to its values. I.E cultures that place a high value on respect for elders usually have specific rules (norms) about how elders are to be approached or addressed. It may be forbidden to look directly at them when speaking to them, to interrupt them, or to openly disobey or disagree with them. We can see in this example how one value or general principle (respect for elders) underlies a range of specific rules or norms of behaviour.

Moral codes - 

The term 'moral code' (or ethical code or code of ethics) is often used to describe a set of basic rules, values and principles held by an individual, group, organisation or society as a whole.

A moral code or code of ethics may be written down. I.E. the police code of ethics is a written guide to the core principles and standards that officers are expected to uphold in their work

The Police code lays down nine policing principles: accountability, integrity, openness, fairness, leadership, respect, honesty, objectivity and selflessness. For instance, the principle of fairness requires officers to oppose discrimination and make decisions without prejudice. Some police forces now require officers to sign the code to show their commitment to its principles.

Defining defiance -

It 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. It could be unusual in one of three different ways.

Behaviour that is unusual and good- such as heroically risking one's life to save someone else

Behaviour that is unusual and eccentric or bizarre such as talking to the trees in the park, or hoarding huge quantities of old newspapers

Behaviour that is unusual and bad or disapproved of such as physically attacking someone for no reason

Although all these definitions of deviance are valid, it is the last one that is most relevant to criminologists. This type of deviance involves doing something forbidden or regarded as unacceptable. In other words, it involves breaking a rule or norm of some kind.

This rule breaking leads to a critical, hostile or disapproving reaction from others. These 'others' might be society as a whole or a sub group within society and their reaction may involve punishing the deviant in some way. 

Forms of deviance - societies have many different rules and therefore deviance, which involves breaking these rules, can take many different forms. These can range from extremely serious acts such as rape, murder or arson to very trivial things such as queue jumping.

Forma and informal sanctions against deviance - 

Forms of deviance regarded as praiseworthy or odd tend not to lead to punishments. However, deviance that is disapproved of is likely to lead to negative sanctions - that is, punishments of various kinds. Sanctions can be formal or informal.

Formal sanctions - Ones imposed by official bodies such as the police, courts, schools and other institutions. There are punishments for breaking formal written rules or laws. I.E. courts may fine an offender for theft; schools may exclude pupils for bullying 

Informal sanctions - are used where the rules are nor formally written down and are perhaps 'unspoken'. When someone breaks these rules, others show their disapproval in informal ways, such as refusing to speak to them, telling them off, a slap on the wrist etc.

Positive sanctions - Sanctions can also be positive, such as rewards for behaviour that society approves of. Examples include medals for bravery or for sporting achievement and praise from a parent or teacher. Like negative sanctions, they can be formal or informal.

Social control - All sanctions, formal or informal, positive or negative are forms of social control - that is, ways in which society seeks to control our behaviour and ensure that we conform to its norms and behave as it expects us to.

Defining criminal behaviour- 

A useful starting point for defining criminal behaviour is to say that it is a form of deviance that involves serious, harmful acts that are wrong against society. These acts are regarded as so disruptive that the state must intervene on behalf of society to forbid them and to punish them by law. We therefore need to look first at the legal definition of criminal behaviour.

The legal definition of criminal behaviour -

In law, criminal behaviour is any action that is forbidden by the criminal law. For a court to consider a defendant's action to be a crime, the action must normally have two elements:

actus, reus which is latin for 'a guilty act'

mens rea, meaning 'a guilty mind'

The defendant must have done something that the law forbids and they must have done so with bad intentions. However, there are two important exceptions to this principle:

Strict liabiity