1.2 Flashcards
What does it mean to say ‘criminality is socially constructed’?
It means that what is considered a crime is defined by society and varies by culture and time.
Why is polygamy legal in some countries and illegal in others?
Cultural, religious, and traditional influences determine legality.
Legal in 58 countries (mainly Muslim-majority), illegal in UK (bigamy = up to 7 years), polyandry rare, seen in Himalayan regions.
How does the law on adultery vary across countries?
In some countries it’s criminal, in others only immoral or deviant.
Illegal in some Muslim and Christian countries (e.g. Saudi Arabia, Florida), legal in UK, decriminalised in India (2018), harshest punishment: Stoning (Saudi Arabia).
What influences laws on homosexuality?
Religion, culture, and secularism.
Legal in UK, Europe, Americas; illegal in 72 countries (death penalty in 6); India re-criminalised it recently.
What are honour killings and where are they prevalent?
Killings to preserve family/community ‘honour’, mainly in some Muslim-majority countries.
Prevalent in Turkey, Jordan, Pakistan, Morocco; seen as murder in Western countries.
How has the view on prostitution changed over time?
From moral stigma to a focus on protection and potential decriminalisation.
Street Offences Act 1959; 2022: focus on protecting vulnerable individuals.
Why is vagrancy still illegal in the UK?
Though outdated, it’s still on the books due to the Vagrancy Act 1824.
Law fell into disuse but prosecutions have increased; campaigns like Manchester’s ‘Big Sleep Out’ support the homeless.
How has the legality of homosexuality changed in the UK?
Decriminalised in 1967, legal equality progressed through 2014.
1967: Decriminalised (age 21); 1994: Age of consent lowered (16); 2004: Civil partnerships; 2014: Same-sex marriage legalised.
Why did laws around smoking become stricter?
Increased knowledge of health risks and addictiveness.
2006: Smoking banned in workplaces; 2012–2015: Restrictions on display and smoking in cars with minors.
Why is cannabis legal in some places and illegal in others?
Depends on local culture, politics, and police priorities.
Illegal in England/Wales, legal in some US states; legal in Netherlands & Portugal.
Why is jaywalking a crime in some places and not in others?
Depends on societal views on personal vs state responsibility.
Illegal in US, Canada, Singapore, Poland; legal in UK.
How do moral panics affect legal responses?
They can lead to harsher punishments due to media/government pressure.
2011 London Riots: harsh sentences; Mods vs Rockers: 1960s panic.
Why are young offenders treated differently?
Children may lack understanding of their actions.
Age of responsibility: 10 (UK); youth courts: more lenient, no prison.
What are the two special defences to murder under UK law?
Diminished Responsibility & Loss of Control.
Part of Homicide Act 1957; updated by Coroners and Justice Act 2009.
What is a moral panic and how does it affect the social construction of criminality?
A moral panic is when the media exaggerates or sensationalises an issue, creating public fear and pressure on authorities.
Example: The 2011 London riots – media portrayal led to harsher sentencing to act as a deterrent. This changed how theft during riots was criminalised compared to normal circumstances. Moral panics shape public opinion and influence the law, showing how criminality is socially constructed based on media narratives.
How did the media influence views on Mods and Rockers?
In the 1960s, the media exaggerated fights between Mods and Rockers, creating a moral panic. Courts reacted with harsher punishments to ‘make an example’ of youth culture.
This shows how media-driven fears can socially construct certain behaviours as more criminal than they might otherwise seem.
Which campaign influenced laws around homosexuality in the UK?
Stonewall is a key LGBTQ+ rights campaign. They campaigned for:
- Decriminalisation of homosexuality
- Lowering the age of consent
- Legal recognition through civil partnerships and same-sex marriage
Stonewall helped challenge negative social constructs around homosexuality and promote legal equality.
How has public campaigning affected drug laws (e.g. cannabis)?
Organisations like Release campaign for drug law reform, especially around cannabis. They argue that criminalising personal cannabis use is unfair and that drug laws are socially constructed.
They raise awareness through education, research, and public pressure, influencing how society and law view cannabis use.
How do campaigns like the Howard League challenge traditional laws?
The Howard League for Penal Reform campaigns for fairer justice, especially for youth and vulnerable offenders. They challenge outdated laws like the Vagrancy Act 1824, which criminalises homelessness.
Their work shows how campaigns can shift public views and reconstruct legal definitions of crime.
