1.2 Flashcards
what is social construct
an idea that has been created and accepted by the people in a society rather than simply occurring naturally
what is the social construct of criminality
whatever acts society defines as criminal proving how every country has different laws of different things
examples of laws that change from culture to culture
polygamy
adultery
honour crime
homosexuality
what is polygamy
Polygamy is the practice of having more than one wife or one
husband at the same time
is polygamy legal in the UK
no
where is polygamy legal
most Muslim countries as the Qur’an permits men to have up to 4 wives
what is adultery
Adultery involves a sexual act between two people, one or both
of whom is married to another person
is adultery legal in the UK
yes
where is adultery ilegal
most countries governed by Islamic law
what are honour crimes
Crimes where the accused has brought shame on their family can include killings and violence
is honour crime legal in the UK
no
where is honour crime legal
Most honour crime occurs in places within South Asian and
Middle Eastern Families
what is homosexuality
The act of being in same sex relationship, marriage or
wanting to adopt children
is homosexuality legal in the UK
yes
where is homosexuality ilegal
it is illegal in 72 countries, in some countries it isn’t illegal but they ban the promotion of it
how have the laws on homosexuality changed overtime
In the UK, all homosexual acts between men were made a
crime in 1885, with a maximum sentence of life imprisonment
However, homosexual acts between males aged 21 or over
were legalised in England and Wales in 1967, in Scotland in
1980 and Northern Ireland in 1982
The age of consent was
reduced to 18 in 1994 and the equalised with heterosexuals at
16 in 2000
what were the reasons for change about laws on homosexuality
Reports: After WW2, there was an increase in prosecutions of gay men and by 1954 over 1000 were in prison.
Campaigns: The Homosexual Law Reform Society successfully campaigned for the change in the law that legalised gay sex in 1967.
Politicians: Roy Jenkins supported the campaign for change and as Home Secretary he introduced the necessary legislation in 1967.
Human Rights: In India, the main reason for the change in law was the decision of the Supreme Court that the state has no
right to control citizens’ private lives.
what are the laws on cannabis
Laws on cannabis vary widely between different societies. In
general, possession of cannabis for personal use is treated more
leniently than growing, importing or selling cannabis
is cannabis legal in the UK
no
where is cannabis legal
some places have legalised the use of cannabis for medical reasons such as Netherlands and Portugal and the UK
what is the definition of drug laws
drug laws are those that relate to the use, possession, manufacture and sale of drugs
how have drug laws changed over time
The Portuguese Case:
- From 2001, possession of drugs was
changed from a crime to a civil offence
- The new law applied to both ‘hard’
drugs such as heroin and ‘soft’ drugs
such as cannabis.
Public health:
- The thinking behind the
decriminalisation was that drug-use
should be regarded as a public health
issue aimed at harm reduction
- Users are referred to health and other
support services rather than being
prosecuted
- drug deaths are now the lowest in
Europe
why have drug laws changed
The basic reason for the change was the sudden and rapid growth in the scale of drug addiction in Portugal
By the 1990s, one in every 100 of the population was addicted to heroin. This led to drastic action to tackle the problem
It was also felt that, as a relatively poor country, the new law would reduce the costs resulting from drug use and one source points to a saving of 18%.
what is the definition of gun laws
gun control is the set of laws or policies that regulate the manufacture, scale, transfer, possession, modification or use of firearms by civilians
how have gun laws changed over time
In the UK, laws governing access to firearms changed following two mass shootings
Most of the weapons used were legally held!
As a result, the law was tightened in 1997. The government
introduced an act banning all handguns
It is now illegal to own a handgun in Great Britain
reasons why gun laws have changed
The Gun Control Network- set up by lawyers, academics and parents of victims to campaign for tighter gun control laws
The Snowdrop Campaign- started by bereaved Dunblane parents and their friends, organised a petition and collected 750,000 signatures calling for a change in the law
key cases to do with gun laws
In 1987, Michael Ryan, an unemployed antique dealer, shot and killed 16 people in Hungerford, Berkshire.
In 1996, 16 children and one teacher were shot dead at Dunblane primary school near Stirling in Scotland by Thomas Hamilton, an unemployed scout leader
what is the definition of capital punishment
The practice of executing someone as punishment for a specific crime after a proper legal trial
how have laws on capital punishment changed over time
In the 18th Century there were over 200 crimes that were punishable by death
Laws were made by the rich to protect themselves and their property.
In 1908, the Children Act 1908 banned the execution of juveniles under the age of 16
the murder Act 1965 suspended the death penalty in Great Britain (but not in Northern Ireland)
The death penalty for murder was abolished in Northern Ireland on 25 July 1973
reasons why laws about capital punishment have changed
Views on the poor changed along with society – welfare, education and health
The changing in social status and views on social groups within society and increased rights under the law provided for change
Various key cases highlighting miscarriages of Justice and defences to murder promoted the change from death to prison
key cases capital punishment
Derek Bentley hanged on 28th Jan 1953 aged 19
Bentley was sentenced to death on 11 December for killing Pc Miles during a bungled break-in at a warehouse in Croydon, Surrey.
what is the definition of laws relating to children
In British Society today, the dominant idea of childhood is of a special time of happiness. We see children as fundamentally different from adults
how have laws about children changed over time
The law often made no distinction between children and adults, and children could face the same severe punishments as those handed
out to adults.
Over time, the idea of childhood as a sperate stage in life gradually developed and society became more ‘child centred’
reasons why laws about children have changed
The 19th Century saw a radical attitude change towards children
Law changes – The Factory Act’s – throughout the 1800’s saw children’s working conditions improving
Social concern about children on the streets and being exploited by predatory adults (Pickpockets, beggars, prostitutes) saw legislations protecting children emerging
1867 Thomas Bernardo opened his first children’s home
1889 NSPCC was set up
1870 Mass education for 5–12-year-olds was set up and made compulsory in 1880
what is social construct of crime
How laws are applied differently according to circumstances in which actions occur
what is the principle behind the application of law
In theory, the law is applied equally to everyone: two different people suspected of the same crime should be treated in the same way by the justice system
what are the reasons to why the law is not always enforced equally
moral panic
typification
situational factors
how does moral panic link to differential enforcement
Those convicted of relatively minor offences committed during the London riots of 2011, such as theft, were more likely to receive custodial sentences than similar cases committed under ‘normal’ circumstances
how does typification link to differential enforcement
the work of Chambliss:
Chambliss studied 2 groups of youths, the middle-class ‘Saints’ and the working-class ‘Roughnecks’.
He found that, while both groups committed offences, the police enforced the law more strictly against the Roughnecks.
Chambliss’s supported the work of Cicourel who argued that police hold typification’s – ideas of the typical criminal
how does situational factors link to differential enforcement
Piliavin and Briar found that ‘situational factors’ play a large part in police officers’ decisions to stop and arrest a person.
These include the individual’s class, ethnicity, age, attitude towards the officer, and place and time of day or night.
Thus, two different individuals can commit the same offence but one may be more likely to be arrested than the other
What is the age of criminal responsibility
It is the minimum age at which a person is legally considered capable of committing a crime
Why are children below the age of criminal responsibility treated differently under the law
They are considered not to fully understand the consequences of their actions and cannot be held responsible in the same way as adults
What is the age of criminal responsibility in England, Wales, and Northern Ireland
10
what is the age of criminal responsibility in Scotland
12
How do most countries handle offenders below the age of criminal responsibility
Through separate, less formal courts that do not allow public attendance
What are youth courts in England and Wales
Special magistrates’ courts that hear cases involving individuals aged 10 to 17
Under which act are the three social defences for murder outlined
The Homicide Act 1957
What are the three social defences for murder under the Homicide Act 1957
Diminished responsibility, loss of control, and automatism
What is diminished responsibility
A defence where a defendant’s mental condition substantially impairs their ability to understand their actions or make rational judgments, reducing the charge to manslaughter
What is the ‘loss of control’ defence
A partial defence that can reduce a murder charge to manslaughter if the defendant acted out of significant emotional disturbance
What is automatism as a legal defence
A defence used when a defendant’s actions were involuntary, meaning they had no conscious control over their behaviour
