1.2 explain the social construction of criminality

Question 1

what is social construction ?

Answer 1

something that has been made or defined by society

Question 2

what is polygamy

Answer 2

having more than one wife or husband at the same time

Question 3

where is polygamy legal ?

Answer 3

58 countries
mostly Muslim majority
in 5 multi cultural societies the law only permits this if they are Muslim

Question 4

where is polygamy illegal ?

Answer 4

most counties
uk
bigamy - punishable up to 7 years and/or fine

Question 5

why does the law about polygamy vary ?

Answer 5

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

Question 5

why does the law about polygamy vary ?

Answer 5

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

Question 5

why does the law about polygamy vary ?

Answer 5

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

Question 6

what is adultery ?

Answer 6

sexual act between 2 people where one or both of them are married to another person .

Question 7

where is adultery legal ?

Answer 7

most countries including UK

Question 8

where is adultery illegal ?

Answer 8

mainly Muslim majority countries
punishments vary widely (stoning to death … )

Question 9

why does the law vary ? (adultery)

Answer 9

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 )

Question 10

what is homosexuality ?

Answer 10

sexual acts between member of the same sex

Question 11

where is homosexuality illegal ?

Answer 11

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 .

Question 12

where is homosexuality legal ?

Answer 12

UK , Europe , north and south america
Indonesia even though it is a largely population

Question 13

why does the law vary ? (homosexuality)

Answer 13

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

Question 14

breifly decscribe laws on possesion of canabis

Answer 14

laws on possesion of canabis vary widely between diferent societies , possesion for perosnal use is treated more leaneantly then selling or growing etc …

Question 15

where is it ilegal ? (possession of cannabis)

Answer 15

uk - possesion can be punished with up to 5 years
supply - 14 years
European countires usualy have similar laws

Question 16

where is it legal ( possession of cannabis)

Answer 16

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

Question 17

why does the law vary between cultures ? ( possesion of cannabis )

Answer 17

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

Question 18

what is honour crime ?

Answer 18

crimes were the victim is acused of bringing shame onto their familiy

Question 19

where are honour crimes legal ?

Answer 19

most take place within south asian and middle eastern families

Question 20

where are honour crimes illegal ?

Answer 20

uk , europe , uas , pakistan and mnay other countires

Question 21

reasons why the law varies in different cultures (honour crime)

Answer 21

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

Question 22

how have laws against double jeopardy changed overtime ?

Answer 22

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

Question 23

how have laws against homosexuality changed overtime ?

Answer 23

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

Question 24

explain the 4 reasons why laws on homosexuality changed

Answer 24

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

Question 25

how to rules on drug laws differ ?

Answer 25

some cases possession of certain drugs has been made a criminal offence , in others it has been decriminalized

Question 26

how did laws about drugs in portugal change ?

Answer 26

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

Question 27

how have gun control laws changed

Answer 27

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

Question 28

what is the gun control network ?

Answer 28

setup by lawyers , academics and parents of victims to campaign for higher gun control laws

Question 29

what is the snowdrop challenge ?

Answer 29

bereaved parents and friends of shooting victims maneged to get 750,000 signatures in petition to chnage law

Question 30

how have laws chnaged relating to children ?

Answer 30

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 ..

Question 31

how have laws about prostitution changed ?

Answer 31

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

Question 32

why did scoieties views about prostition change ?

Answer 32

decline in religious beliefs increased moral tolerance equality for women

Question 33

how have laws about vagrancy changed ?

Answer 33

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

Question 34

how have laws changed on canabis in different places ?

Answer 34

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

Question 35

where is jaywalking illegal and legal ?

Answer 35

not an offence in the uk offence in usa , canada , singapore , poland

Question 36

whereis fgm legal and illegal ?

Answer 36

illegal in the uk viewed as cultural/religious n parts of africa , middle east and asia

Question 37

what is differential enforcement of the law

Answer 37

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 .

Question 38

give an example of moral panics and how the law was applied

Answer 38

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

Question 39

give an example of moral panics and how the law was applied

Answer 39

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

Question 40

give an example of how typifications changed he enforcement of the law

Answer 40

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

Question 41

give examples of how the age of a criminal can effect how laws are applied differently in different situations .

Answer 41

england and wales children under 10 can not be arrested or charged scotland and canada - 12 china - 16

Question 42

most countries have different courts to deal ith offenders bellow a certain age , describe these in england and wales

Answer 42

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

Question 43

what are the three ways that the law is applied to murder ?

Answer 43

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

Question 44

what is disminished reponsability >

Answer 44

if you can prove mental condition it can be reduced to manslaughter

Question 45

what is loss of control ?

Answer 45

partial deference which could reduce to manslaughter

Question 46

what is automatism

Answer 46

if they can prove it was involuntary they can plead automatism