Hello and welcome to this first powerpoint. We're looking at WJEC criminology unit 2. This is the examined unit. I'm going to take you through this, assessment component by assessment component. I'm going to start with assessment component 1.1 which is entitled 'compare crime and deviance'. Now the reality is, for the exam, all you're going to really need to know for this part of the course is: a really clear definition of what crime is and how it differs from deviance, where the two cross over and perhaps have some examples of crime and deviance and also the sanctions that we as a society impose for crime and deviance. However, in this powerpoint i'm going to go through in quite a bit of detail because this sets the stall for the rest of the course, and some of the stuff that I'll be looking at in this powerpoint will be pertinent to the rest of the course and will be useful to you. So without further ado let's make a start. So as I've said, this topic requires you to look at crime and deviance. You've got to understand the two terms, similarities differences, etc. So let's start with the idea that crime and deviance challenge or threaten accepted values and norms of behaviour. Now what do we mean by value and a norm of behaviour? Well our values are our general principles or guidelines as to how we live our lives. How we define what's right or wrong, what's good and bad. So things like: respect for human life would be what we call a value. In British schools recently we were required to talk about 'British values', which were: democracy, rule of, law individual liberty, respect and tolerance. I find it somewhat ironic that we call these 'British' values. I would think these are values that are shared by all countries to be quite honest! So, that's what we mean by 'values'. When we come to the idea of 'norm', just think of the word 'normal'. A norm is a specific rule or socially accepted standard, so it's basically what is the normal thing to do within society, what's the normal way to behave. So norms govern our behaviour in particular situations and of course norms will differ from culture to culture. So you might want to think about what are our societal norms, the norms we have in UK society, or indeed the norms that you have in your school. So, for instance, you could argue that in Britain it is customary to queue; we're very good at queuing that's a norm in our society queuing for a bus, or opening a door for an old person, or someone who is disabled or giving up your seat on a bus likewise for someone who is old or disabled. In some schools, like the one i teach at, (not for sick formers but certainly for key stages three and four) it is the norm to stand up when an adult enters a classroom. But that might not be the case in all schools; so as you see they will differ from society to society, from place to place, and as i was taught when i was a child, whenever you get a birthday present or a christmas present it's the norm to write a thank you letter. Now that's what I was taught in my family, but you may it may be different in yours; so norms do change from place to place, society to society. So, we can define a norm as a specific rule or socially acceptable standard that governs our behaviour in particular situations. So, obviously, norms in the society are linked to that society's values and they keep in check deviant behaviour. Now we'll define deviant behaviour in more detail in a minute. Of course norms can be explicit, such as laws, or implicit such as unwritten rules and norms are learnt through growing up in a particular culture. Now when we come to defining deviance it's really quite simple. If you violate a social norm - that is deviance! So deviance is 'the act of violating a social norm'. So it therefore follows, and please guys just remember this 'by definition' and i'm talking about the 'definition', here so 'by definition', all crime is deviant. 'By definition' doesn't mean that as a society we see all crime as being deviant but 'by definition' crime has to be deviant because it is violating a social norm and it's violating an explicit social norm; it's violating a law; so 'by definition' all crime is deviant - but not all deviance is crime. If i was answering a question on crime and deviance I'd be really making sure that I got these two little bits into any answer. So obviously, stealing a car is deviant and it's a crime; whereas having multiple tattoos and putting horns and studs into your face is definitely not the norm - so it's deviant, but there isn't a law against it; therefore it's not criminal. So obviously both of these are deviant, but only one is criminal, just as this, would be seen as deviant as well, in a different society. So let's explore deviance in more detail. So, we know it's differing from the norms of society, it's offending against norms, offending its moral codes, and values held by the society in which the deviance occurs. Now, your moral codes are your basic set of rules values and principles that are held by an individual, a group, an organization or indeed society as a whole. So they could be written down; they could be the law. So you could have the police code of ethics which if you want to look at I've put a link to here. Or you can look at teacher standards - that's a written guide of core principles and standards. The police code is for officers, the teachers is for teachers. So as a teacher here's a clip of what i'm expected to be. I've just taken a screenshot you can look in more detail by clicking on the link. I'm expected to set high expectations which inspire and motivate and challenge pupils. I've got to promote good progress and outcomes; I've got to demonstrate good subject/curriculum knowledge etc. etc. etc. So those are the standards. the norms. the principles. the moral codes. by which a teacher is judged. Breaking a moral code, as I said before, would generally be considered serious in society. If i don't uphold those teacher standards, I would lose my job. If the police don't uphold their code of ethics they would lose their job. If you don't uphold the law, you go to prison, you get a fine etc So as we see deviance is any behaviour that differs from the norm or the normal; it's behaviour that's unusual or uncommon, it's out of the way in some way, it's extraordinary. So it can be seen in different ways; usually in the textbooks it focuses on the negative types of deviance, but there can be positive types of deviance. So you could have behaviour that's unusual, but it's good, such as heroically saving others risking one's life to save someone else. This U.S. marine is being given the congressional medal of honour by the then president Barack Obama, because he threw himself on a grenade to save his comrades. He's suffered a loss of an eye disfigurement etc. and that could be seen properly as deviant behaviour because it's not the norm for people to do that; or you could have behaviour that's unusual and eccentric or bizarre such as talking to trees in the park, or, like this couple here, hoarding large quantities of old newspapers. Or you can have behaviour which is more, what we're dealing with in this course, that's unusual bad or disapproved of such as physically attacking someone for no reason whatsoever. So now we've defined what deviance is, what are the sanctions? In any question you get on deviance, try and show what sanctions we give against deviance. Now obviously if it's a crime you can have a formal sanction. That's formal sanctions imposed by official bodies such as the police, the courts, schools, other institutions - so they're punishments for breaking the rules or the laws. So, for instance, a court may fine an offender for theft, or schools can exclude pupils for bullying, and of course you have informal sanctions which you use when the rules aren't formally written down, they're more unspoken. So when someone breaks these rules others show their disapproval in informal ways such as: they refuse to speak to them, they tell them off, they give them dirty looks, that sort of thing. So that's what we mean by an informal sanction - tutting at someone, 'giving me evils' - would be an informal sanction. So you might be able to think of some other informal sanctions as well, for instance, the sort of informal sanctions I would give for my children when they were naughty was make them sit on the 'naughty step' when they were children. So that would be an informal sanction. If we look at positive sanctions, because the textbooks tend to focus on the negative because we're looking at crime and deviance - usually it's negative sanctions. They can be positive; you can give positive sanctions for behaviour that society approves of, such as medals for sporting achievement. Here we have the olympic rowing eight bronze medalists. The reason I have put them up is because, that guy there, Jacob Dawson - I taught. And of course you can be awarded 'teacher of the week' such as this bloke here, and get a little cup - that was the teacher of the month actually - and a certificate, making me feel all proud and chuffed, or not as the case may be!!!!! So they can be formal and informal, and all this links to this idea of social control. So all sanctions that we have both formal, informal, positive or negative, are ways of controlling us, ways of making sure that we conform to the norms, the morals, the values of society. Social control will feature massively in unit 4 where we look at the different institutions within the criminal justice system that ensure that we 'toe the line' and thatsociety behaves in the way we want it to. So social control is the way in which we are controlled in our behaviour so that we conform to the norms and values of society. The very fact that we have security cameras or speed cameras controls our behaviour. If I'm bombing along the motorway over the speed limit and I see a speed camera, I slow down; this controls my behaviour, it's getting me to abide by the norms, values and the laws of our society. So that's what we mean by social control. Now, when we come down to criminal behaviour, remember that all deviant behaviour 'by definition' is crimina,. but when we get to criminal behaviour that's a more serious form of deviance; that involves serious harmful acts that are wrong against society and they're deemed to be so disruptive that the state intervenes and forbids them and punishes them by law. We're now going to go through to the legal definition of what a crime is, so if you want the real top marks, get these nice Latin terms in. So, in law, criminal behaviour is any action that's forbidden by criminal law. So in general for a court to consider a defendant's action to be a crime the action's going to have two elements. It's got to have, in Latin, what's called an 'actus reus' - so the act itself has got to be wrong; it's got to be illegal. But, at the same time, you've got to have a 'mens rea', a guilty mind, so the the intention behind it is wrong. So in general, remember i'm saying 'in general', there are exceptions here, but ,in general, in a court of law for it to be a crime, it's got to be an actus reus and a mens rea. So in other words the defendant must have done something that the law forbids and they must have done it with bad intentions. So here I am, I want to hurt this person badly, so my mens rea is thinking i'm gonna give him a good thumping. I smack him in the head which is actually assault so it's a an actus reus - is against the law, therefore i've got both; so therefore it is a crime - simple! As i did mention, there are exceptions though, so let's talk about these, because sometimes the question linked to this does come up. So in the case of strict liability in some cases mens reae isn't required - you don't have to have that guilty mind, that intention; the wrongful act itself is enough to convict. This normally happens in cases of things such as negligence, when health and safety laws are broken so to give you an example I'll give you a clip of this in a minute but there's the link. Here you have Hemel Hempstead Tesco was fined 730 thousdand after a man of 91 slipped and broke his hip. Now you can see here - 91 year old man broke his hip, he slipped on water on the floor of one of the stores. The water's been leaking from a blocked drain since June, Luton magistrates were told. Tesco pleaded guilty to two charges of health and safety breaches. Now there's no way that Tesco intended for that 91 year old man to break his hip, but nevertheless the fact that they left water on the floor means that the actus reus was enough without the mens rea. Okay, so the actus reus was enough there - strict liability. The other example you can use is self-defense. So assaulting someone, obviously, hitting someone is an actus reus. Deliberately intending to harm them would be mens rea; it's usually a criminal act! However if it's done in self-defense it's not always a crime, so long as you use reasonable force. An example you could use - captain of England cricket team Ben Stokes. He was charged with affray a while back in Bristol, you can click on the link to get more details of this, but he was found not guilty because he was stepping in to defend someone who was being homophobically abused. So you can have a look at that at your leisure. So that's what we mean by exceptions to actus reus and mens rea, and you can use those examples if you so wish. The other thing to also consider here, and this is just getting us to start to think about the next element or next AC in this unit, the idea that - is crime an absolute thing or is it merely relative? In other words, is it just defined socially? Does it differ? So some people would argue that crime is just a social label it's an interaction it's a wrong against the community. So it's basically saying - if society says an act is a crime then it becomes one. If its consequences are detrimental in some way to the community, then the community decides it's a crime. But what this means is, and i've mentioned this before, that in some societies certain things will not be seen as criminal whereas others will. So in our society, you know, some crimes are universally disapproved of for example sex offenses are universally disapproved in our society especially those involving children, however some acts are crimes in some countries but not in others for instance most people in the UK would think it's wrong to have sex with a 14 year old, however the age of consent, the age in which you are legally allowed to have sex, does differ from country to country. To illustrate this I've got this little chart for you, and you can see, looking at various places around the world, the age of consent completely differs from country to country. In Argentina it's 13, in Morocco it's 15 but not for homosexuals, in Ghana it's 16 in the Democratic Republic of Congo it's 14 for females 18 for males. In New York it's 17 in Brazil it's 14. So this just goes to show you this idea, that it's a societal idea, this idea of what a law is, it's something that societies themselves make up So there are differing views of acts that are really criminal. Remember i said 'by definition' all crime is deviant, well in this slide we're going to explore where there might be some exceptions to that. The public will often have a different view of which acts are really crimes compared to the legal definition. For example many people might not see themselves as criminals - fare dodgers, motorists who go a little over the speed limit, users are soft drugs, workers who take home stationery from the office. All these sort of little things - going over the speed limit - you know everyone does it, it's a crime, but do people think it's criminal? Who's borrowed a pen or a bit of paper from the office? Technically it's stealing but people don't see it as that! How many of you have illegally downloaded a movie or songs from the internet? But it's not viewed as being a crime! Soft drugs, fare dodging, and how many of you, I wonder, have gone on to the BBC website and clicked oh i've got a tv licence when actually you don't? Technically you're breaking the law. So society does have different views of criminal behaviour. So some things that are legally crimes 'by definition', are crimes and therefore deviant, are not seen as deviant within some societies because everyone does it, it's the norm to break. So criminal acts are ones that break the law as we know, there are many different types of criminal acts which we can classify in their seriousness and their subject matter. So generally if we look at seriousness of the offence, UK law distinguishes between two main types of offence - you've got summary offenses, again you're gonna need this for the rest of the course, summary offenses are less serious, they're tried in a magistrates court and they're crimes such as speeding and shoplifting, and there's a magistrates court. Over 90 percent of all crimes are tried in the magistrates court. Notice in the magistrates court there's no jury, instead you've got three magistrates, who are actually members of the public and they make the decision as to guilt. Or you've got your indictable offences, which are much more serious like rape, murder etc. They are tried in a crown court with a jury and a judge etc. etc. So remember those two terms - summary offenses and indictable offenses. The use of technical vocabulary gets you more marks in any answer you give in the exam. So when we look at acts that are criminal, they can be criminal based on subject matter' so it can be violence against a person, crimes like: murder, manslaughter and assault. It could be sexual offences: rape, sex trafficking grooming. It could be offences against property such as: burglary, theft, and robbery. Fraud and forgery, such as investment fraud or ponzi schemes, we'll find out a bit more about those in other parts of the course. Criminal damage such as: arson, vandalism Or drug offences such as: supplying, the procession of heroin. Or public order offenses: riot and violent disorder. Now when it comes to sanctions it's really important you understand the four categories of formal sanctions that we have in law in our society. So anyone that's convicted of a crime will receive one of these four sanctions and they can be imposed by the court or the police, okay, but in the court four formal sanctions are handed out; four categories, you have to know these four categories. The first category is a custodial sentence so basically you go to prison and they are given for serious offenses. So that's imprisonment in an adult prison or young offenders institution, and the length of that sentence can vary from days up to, if you commit murder, a mandatory life sentence. So if you are found guilty of murder you will get a life sentence; the judge has to give you a life sentence. Usually after a life sentence you're eligible for parole after about 15 years, however courts could impose a much longer minimum sentence in more serious cases so, the guy that was responsible for The Manchester Evening Arena bombing, the Ariana Grande concert, assisting in that, he was given a life sentence and I think he's got to serve a minimum of, 55 years i believe it is, so they can be very long sentences indeed, the minimum sentence given. Second category we have is community sentences - this is where you see community payback etc. Now they are served in the community rather than in jail and that could include a probation order, a curfew, tagging, attendance at anger management courses, mandatory drug testing, treatment orders. Community payback is anything that involves not serving your time in jail but doing it in the community. So, prison sentences, community sentences, - the third category is fines. These are basically financial penalties. The size of the fine will depend on the seriousness of the offense and the ability to pay it by the offender. Sometimes you pay in installments so there you go - thousand pound fine. Or it's a discharge, so: prison, community service, fine and discharge. The one that everyone forgets is discharge! In addition discharges can be either conditional or unconditional. If we have a conditional discharge that involves the offender committing no further offence for a given period. If they do commit an offence during this time the court can impose a sentence for the original offence as well as for a new one. So for instance these people here, from extinction rebellion, this is what the link says: three Extinction Rebellion protesters who glued themselves to a Docklands light railway train during the April rebellion had been given a conditional discharge after a jury found them guilty with regret. In the first Extinction Rebellion trial to reach the crown court, Kathy Eastburn, Mark Overland and Luke Watson will not be punished unless they reoffend within 12 months. You can read the rest of that at your leisure, the links there for you. So that gives you an idea of what a conditional discharge is. Then you've got an unconditional absolute discharge, and that's where the defendant is technically guilty but a punishment will be inappropriate that's not classed as a conviction so it's almost like the the trauma of going through arrest etc. and charging, is punishment enough Now we've talked about formal sanctions, and what the courts could issue. The police can also issue formal sanctions for some minor offences. They can issue cautions or penalty notices. Cautions are warnings given by the police to anyone age 10 or over for minor crimes such as graffiti. You can have conditional cautions which means you have to stick to certain rules and restrictions such as going for drug treatment for abuse. If you break the conditions you get charged. You get penalty notices for shoplifting, possession of cannabis etc. There's an example of a penalty notice, often penalty notices are given on cars, you can see here the person has been given a 200 pound fine for using a mobile phone whilst driving. So that's a penalty notice and that will also be three points on the license as well I think. Okay, by now you should be quite clear of the definition of a crime, the definition of deviance, how the two can be similar and different at the same time. But what other implications are there of committing a criminal act? Well, if you are found guilty of a crime you can be excluded from certain occupations such as working with young people so for instance all teachers have to undergo a disclosure and barring service check, a DBS check, so anyone that works with young people has to go through that. If you have committed any crimes related to young people you will not be allowed to work with them. That check will show it. You can be placed on the violent sex offenders register list ViSOR. If you're on that there's certain things you can't do, places you can't go. There you go, you can have travel bans to certain countries so for instance if you try and get into America and you've got a criminal record good luck to you! You won't get in! You can be have restrictions placed on things like adoption, jury service, standing as an MP, and you have to declare unspent convictions when you obtain insurance and if you fail to do so then your insurance becomes invalid. So there are limitations for committing a criminal act. Okay and we move on to my final slide now, where we just try and move everything together and try and look at why this topic is so important. This idea between crime and deviance and the idea that, remember back to my definition that by definition all crime is devian,t and we looked at some crimes which some people think may not be deviant anymore this is how laws and attitudes in society change. So not all acts that are classified as crimes are particularly serious and some may be widely regarded as not even deviant so for example if we take possession of cannabis, it's a crime; but a lot of people do not regard it as particularly bad behaviour or indeed deviant, because a lot of people don't regard as deviant even though it's going against the laws of society. Most people are doing it. But matters are complicated further because there's always going to be a particular group of people in society that still regard that as deviant so for example many other people do see possession of cannabis as morally wrong and hence deviant! Or we can look at those that consider things deviant but not necessarily criminal. So some acts that we see as deviant arn't always crimes for example homosexuality between consenting adults is no longer illegal in the UK so it's perfectly acceptable now under law. But some people still regard it as morally wrong and therefore regard it as deviant even though technically it's not because it's legal. Prior to 1967 homosexuality was illegal in this country; it has changed. Prior to 1967 abortion was illegal in this country; it has changed. The law has changed. This is how laws change, because as society's attitudes change, things that were considered to be, cease to be considered to be deviant, and therefore laws change regarding them. That's really important because you'll look at this when we move on to our future ACs, our future powerpoints. So hopefully you've understood the difference between crime and deviance you've got some definitions there, you've got some examples and I'll see you all on my next powerpoint. Goodbye!