Deviance

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Deviance Crime

• Issues in deviance
• Characteristics of criminal law
• Criminal defenses

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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?

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Crime and Deviance

• Deviance- behavior that violates social norms or
  which is statistically different from the
  average

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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.
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Crime and Deviance

• The overlap between Deviance and Crime

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1.Objectivism vs. Subjectivism

• Objectivists deviance is easily defined widely
  understood and based on consensus.
• Deviance is mala en se or evil by nature.

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Objectivism/Subjectivism

• Subjectivists definitions of deviance depend on
  culture, gender and other factors.
• Deviance is mala prohibita or wrong by
  definition

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2. Deviance and Rarity

• Assumption that deviant behavior occurs rarely
• Some rare behaviors evoke positive reactions
• Other common behaviors are considered deviant.

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3. Deviance and Crime

• Assumption that deviant behavior is also criminal
• Many deviant behaviors are not criminal
• Many crimes are not considered deviant

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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

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5. Deviance and Social Context

• Definitions of deviance must consider
• Culture
• Time/Era
• Gender

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Four characteristics of Criminal Law

• 1. Politicality
• 2. Specificity
• 3. Uniformity
• 4. Penal Sanctions

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Elements of Criminal Law

• Actus reus
• Mens rea
• Concurrence of above

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Some Criminal Defenses

• Mistake of fact
• Necessity/Self-Defence
• Duress
• Automatism
• Entrapment