1.2 explain the social construction of criminality Flashcards
what is social construction ?
something that has been made or defined by society
what is polygamy
having more than one wife or husband at the same time
where is polygamy legal ?
58 countries
mostly Muslim majority
in 5 multi cultural societies the law only permits this if they are Muslim
where is polygamy illegal ?
most counties
uk
bigamy - punishable up to 7 years and/or fine
why does the law about polygamy vary ?
religion - qur’an permits Muslim men to have 4 wives
USA the Morman church practiced polygamy until 1890
tradition - traditionally practiced in some African societies
why does the law about polygamy vary ?
religion - qur’an permits Muslim men to have 4 wives
USA the Morman church practiced polygamy until 1890
tradition - traditionally practiced in some African societies
why does the law about polygamy vary ?
religion - qur’an permits Muslim men to have 4 wives
USA the Morman church practiced polygamy until 1890
tradition - traditionally practiced in some African societies
what is adultery ?
sexual act between 2 people where one or both of them are married to another person .
where is adultery legal ?
most countries including UK
where is adultery illegal ?
mainly Muslim majority countries
punishments vary widely (stoning to death … )
why does the law vary ? (adultery)
religion - not committing adultery is one of the ten commandments (christianity , islam , jadaism )
the position of women - societies where women have a lower position (adultery laws are unequal )
what is homosexuality ?
sexual acts between member of the same sex
where is homosexuality illegal ?
72 countries (male)
45 countries (female)
6 countries - death penalty
in Russia it isn’t illegal but the law bans its ‘promotion’
many countries that don’t criminalize homosexuality still make it illegal for them to adopt and marry .
where is homosexuality legal ?
UK , Europe , north and south america
Indonesia even though it is a largely population
why does the law vary ? (homosexuality)
religion - traditionaly condemned (Christianity ….)
where religion has a strong influence there are more likely to be laws making it a crime
social norms are more tolerant of sexual diversity
public opinion - 95% of Egypt believe homosexuality should be rejected
polls by PEW research center show higher levels of support for bans of homosexuality
sexism - homosexuality is a crime in more countries than lesbianism is - due to a sexist assumption by male law makers that women are incapable of same sex attraction
breifly decscribe laws on possesion of canabis
laws on possesion of canabis vary widely between diferent societies , possesion for perosnal use is treated more leaneantly then selling or growing etc …
where is it ilegal ? (possession of cannabis)
uk - possesion can be punished with up to 5 years
supply - 14 years
European countires usualy have similar laws
where is it legal ( possession of cannabis)
some places have legalized cannabis for personal or medicinal use - Canada and Uruguay
Portugal - decriminalized possession for personal use and an offender would receive a warning rather than strict penalty / punishment
why does the law vary between cultures ? ( possesion of cannabis )
different norms and values between societies - societies with a greater emphasis on individual freedoms may see drug use as victimless or as an individuals right to do what they want with their body
different ideas about how best to control drug use - lawmakers in some countries believe taking a good stance and severe penalties as they see it as a gateway that leads to hard drugs
what is honour crime ?
crimes were the victim is acused of bringing shame onto their familiy
where are honour crimes legal ?
most take place within south asian and middle eastern families
where are honour crimes illegal ?
uk , europe , uas , pakistan and mnay other countires
reasons why the law varies in different cultures (honour crime)
thought to of originated from tribal customs . where allegations against a women can damage a families reputation
none of the world major religions condone these crimes but perpetrators often use religion to condone their actions
how have laws against double jeopardy changed overtime ?
result of ann mings campaign - law prevented a person being tried again for the same offence was abolished for serious offences . if there is new evidence the court may order a retrial
this change was necessary as the law at the time was inadequate to bring justice
technology and medical knowledge became advanced which allowed for certainty of evidence
eg the prosecution of Gary dobson for the murder of steven lawrence
how have laws against homosexuality changed overtime ?
laws on same sex marriages have changed greatly in recent decades in uk .
1885- homosexual acts between men made a crime
1976- homosexual acts legalised in england and wales
british introduced many laws into their colonies dueing the british empire - 1861 made homosexual acts a crime in india
explain the 4 reasons why laws on homosexuality changed
the wolfendon report
after ww1 there was an increase in prosecutions of gay men
1954 - over 1000 were in prison
government set up a comitee under sir jhon woldenard to consider reform of the law
this recommended that homosexual acts in private between consenting 21+ should be legalised
campaigns
law reform society- successfully campaigned for change in law that legalized gay sex in 1967
stonewall campaign- equalised homosexual consenting age to 16
politicians
roy Jenkins - supported campaign fro change and introduced necessary legislation in 1967
human rights
india - change was a desicion of supreme court that the state has no right to control citizens private lives
uk - concerns about equal rights led to changes
how to rules on drug laws differ ?
some cases possession of certain drugs has been made a criminal offence , in others it has been decriminalized
how did laws about drugs in portugal change ?
2010 - possesion was changed from a crime to a civil offence if quanity was less than a 10 day supply
1975- Portugal became a democracy and increased freedoms which led to a large amount of drugs . they had the highest heroin rates . every 1 in 100 was addicted so it was decriminalized with a focus of public health
how have gun control laws changed
access to freearms changed after 2 mass shootings
1987 - michael ryan killed 16
1996 - thomas hamilton killed 16 children and 1 teacher
laws tightened in 1997 - introduced an act that banned all hand guns except 22 single shot weapons
what is the gun control network ?
setup by lawyers , academics and parents of victims to campaign for higher gun control laws
what is the snowdrop challenge ?
bereaved parents and friends of shooting victims maneged to get 750,000 signatures in petition to chnage law
how have laws chnaged relating to children ?
before 13th century idea of childhood didnt exist , children would work
laws have chnaged from growing consideration of their welfare
factory acts gradually excluded children from working
1880- compulsery schooling
2004 - children act
introduction of laws and policies that only aply to children eg minimum wage ..
how have laws about prostitution changed ?
prostituion is legal but conected activities are not eg offering sex for money in public
stigmas saw them as immoral , however views have chnaged and a call for decriminalisation has been made that provides safety for women
why did scoieties views about prostition change ?
decline in religious beliefs
increased moral tolerance
equality for women
how have laws about vagrancy changed ?
vagrancy act 1824 made it illegal
originally to clear streets but people acept there are reasons why
recent increase in prosecutions due to people pretending to be homeless
views have chnaged since 19th century - no longer look down on them
how have laws changed on canabis in different places ?
illegal in england and wales
conrolled substance yet there is very little control
law is enforced differently
durham does not prioritise people who grow it for personal use
Cumbria do prioritise people who grow for personal use
where is jaywalking illegal and legal ?
not an offence in the uk
offence in usa , canada , singapore , poland
whereis fgm legal and illegal ?
illegal in the uk
viewed as cultural/religious n parts of africa , middle east and asia
what is differential enforcement of the law
in theory the law is applied equally to everyone however this is not always the case , laws can be applied differently according to the circumstances of the criminal act .
give an example of moral panics and how the law was applied
those convicted of minor offences in the London riots of 2011 were more likely to receive custodial sentences compared to similar cases in normal conditions
1960s mods and rockers - courts imposed more severe sentences to youths , these stricter sentences were often handed out to teach young people a lesson and to deter others
give an example of moral panics and how the law was applied
those convicted of minor offences in the London riots of 2011 were more likely to receive custodial sentences compared to similar cases in normal conditions
1960s mods and rockers - courts imposed more severe sentences to youths , these stricter sentences were often handed out to teach young people a lesson and to deter others
give an example of how typifications changed he enforcement of the law
Chambliss studied 2 groups of youths ( middle class ‘saints’ and working class ‘roughnecks’)
whilst both groups committed offences , the police enforced the law more harshly against the ‘roughnecks
give examples of how the age of a criminal can effect how laws are applied differently in different situations .
england and wales children under 10 can not be arrested or charged
scotland and canada - 12
china - 16
most countries have different courts to deal ith offenders bellow a certain age , describe these in england and wales
youth courts are special magistrates courts that deal with 10-17 , less formal , cant send anyone to prison but can impose sentences including a detention and training order carried out in a secure center
what are the three ways that the law is applied to murder ?
diminished responsibility - if you can prove mental condition it can be reduced to manslaughter
loss of control - partial deference which could reduce to manslaughter
automatism- if they can prove it was involuntary they can plead automatism
what is disminished reponsability >
if you can prove mental condition it can be reduced to manslaughter
what is loss of control ?
partial deference which could reduce to manslaughter
what is automatism
if they can prove it was involuntary they can plead automatism
