Deviance & Crime Issues in deviance Characteristics of criminal law Criminal defenses
Discussion • 1. What words/adjectives would you use to describe this behavior? • 2. Would you describe any of these behaviors as harmful to society, or some segments of society? • 3. Should the state regulate this behavior? If so, how?
Crime and Deviance • Deviance- behavior that violates social norms or which is statistically different from the “average”
What Is Crime? Human conduct in violation of the criminal laws of a jurisdiction that has the power to make such laws, and for which there is some form of authorized sanction.
Crime and Deviance • The overlap between Deviance and Crime
1.Objectivism vs. Subjectivism • Objectivists – deviance is easily defined; widely understood and based on consensus. Deviance is ‘mala en se’ or ‘evil by nature.’
Objectivism/Subjectivism • Subjectivists – definitions of deviance depend on culture, gender and other factors. • Deviance is ‘mala prohibita’ or wrong by definition
2. Deviance and Rarity • Assumption that deviant behavior occurs rarely • Some rare behaviors evoke positive reactions • Other common behaviors are considered deviant.
3. Deviance and Crime • Assumption that deviant behavior is also criminal • Many deviant behaviors are not criminal • Many crimes are not considered deviant
4. Voluntary and Involuntary Deviance • Voluntary deviant receives harsher punishment • Involuntary deviants are accorded special status under law or not held to the same degree of responsibility
5. Deviance and Social Context • Definitions of deviance must consider: • Culture • Time/Era • Gender
Four characteristics of Criminal Law • 1. Politicality • 2. Specificity • 3. Uniformity • 4. Penal Sanctions
Elements of Criminal Law • Actus reus • Mens rea • Concurrence of above
Some Criminal Defenses • Mistake of fact • Necessity/Self-Defence • Duress • Automatism • Entrapment