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Criminology Unit 2 > 1.2 - Explain The Social Construction Of Criminality > Flashcards

1.2 - Explain The Social Construction Of Criminality Flashcards

1
Q

Define “social construct”.

A

Something that has been made or defined by society.

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2
Q

When was the age of criminal responsibility lowered to the age of 10?

A

1998.

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3
Q

Define adultery.

A

Sexual acts between two people, one or both of whom is married to another person.

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4
Q

Is adultery legal in the uk?

A

No.

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5
Q

In what culture is adultery legal?

A

India.

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6
Q

Why does the law of adultery differ in different cultures?

A

• different believes and religious perspectives.
- education
- position of women
- religion - one of the 10 commandments shared by Islam, Judaism and Christianity.

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7
Q

Define honour crime.

A

Crime committed to protect or defend the “honour” of a family or community.

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8
Q

Is honour crime legal in the UK?

A

No

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9
Q

In which cultures is honour crime legal?

A

Middle East

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10
Q

In which cultures is honour crime illegal?

A

Christianity

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11
Q

Why does the law differ in different countries for honour crime?

A

Different norms and values.

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12
Q

Define homosexuality.

A

Sexual acts between members of the same sex.

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13
Q

Is homosexuality legal in the UK?

A

Yes

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14
Q

How many countries is homosexuality illegal in?

A

72 countries

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15
Q

Why does the law differ in different countries for homosexuality?

A
  • Religion
  • Public opinion
  • Sexism
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16
Q

The possession of cannabis is treated more ——— than growing/supplying?

A

Leniently.

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17
Q

What is the law for cannabis in the UK?

A

Possession up to 5 years

Supply up to 14 years

Fine or conditional charge.

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18
Q

In which cultures is cannabis legal?

A

Receptional or medical use is ok.

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19
Q

In which cultures is cannabis illegal?

A

Many other European countries similar

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20
Q

Why does the law differ in different countries?

A
  • Different norms and values
  • Safer than using illegally
  • Different ideas about how best to control drug use - viewed as a gateway drug and harmful?
21
Q

Laws of homosexuality in the UK - 1885

A

Between men was a crime.

22
Q

Laws of homosexuality in the UK - 1967

A

21+ legalised

23
Q

Laws of homosexuality in the UK - 1994

A

Age of consent 18

24
Q

Laws of homosexuality in the UK - 2000

A

Age of consent was 16

25
Q

How was the law on homosexuality changed in India?

A

1861 - crime
2018 - law lifted by Supreme Court

26
Q

Four reasons laws on homosexuality has changed over time?

A

Wolfenden report

Campaign

Politicians

Human rights

27
Q

How have drug laws changed over time in Portugal?

A

Drug use is legal.
2001, possession of drugs not a crime if quantity less than 10 day personal supply.

28
Q

By changing drugs from a criminal issue to a public health issue, police can —-.

A

Prioritise more severe crimes.

29
Q

Why did the laws on drugs change in Portugal?

A

Highest rate of heroin addiction.
By legalising drugs it allows safer usage.

30
Q

What is the Gun Control Network?

A

A network set up by lawyers, academies and parents of victims who were involved in the Dunblane shooting.

31
Q

What were the goals of the Gun Control Network?

A

To have tighter gun control laws and for GP records to show if an individual is state to own a gun, one license and no possession of guns if individual has criminal, violent, drug or alcohol offences.

32
Q

What is The Snowdrop Campaign?

A

Launched in 1996 by Dunblane friends and parents who created a petition which got 750,000 signatures for change in the law.

33
Q

What did The Snowdrop Campaign achieve?

A

Banned handguns above .22 calibre and restricted small calibre weapons to secure gun clubs.

34
Q

Childhood is a s—— c——-?

A

Social construct.

35
Q

What was childhood like in the 13th century?

A

It did not exist.

Children had the same rights and laws as adults and could be punished the same as adults for crimes.

36
Q

What is childhood like in modern society?

A

Childhood is a special time of happiness and we view children as vulnerable, innocent and in need of protection.

37
Q

Give three changes in law which protect children?

A

Laws excluding children from paid work - Factory acts gradually excluded children from the workplace.

Compulsory schooling - 1880.

Child protection and welfare legislation - Children Act 2004.

38
Q

What is capital punishment?

A

Execution - death penalty.

39
Q

What is corporal punishment?

A

Use of physical force/pain/discomfort in order to discipline someone.

eg- hitting, whipping, branding, burning, mutilating.

40
Q

Capital punishment was abolished in Britain in —

A

1956

41
Q

Corporal punishment was abolished in Britain in —-

A

1967

42
Q

Why has there been a change in the law regarding punishment?

A
  • Breach of basic human rights
  • Nothing can be done to correct a miscarriage of justice
  • Death penalty does not act as a deterrent as most murders are committed in the heat of the moment without though of the possible punishment.
43
Q

What did Chambliss study and what did they find?

A

The middle class - “Saints”

Working class - “roughnecks”

Both groups committed offences but the police enforced the law more strictly on the “roughnecks”.

44
Q

What is the age of criminal responsibility in England, Scotland and Bangladesh?

A

England - 10

Scotland - 12

Bangladesh - 9

45
Q

DEFENCES TO HOMICIDE - PARTIAL
Diminished Responsibility

A

A potential defence by excuse b which defendants argue that although they broke the law, they should not be held fully criminally responsible/liable for doing so, as their mental functions were “diminished” or impaired.

46
Q

DEFENCES TO HOMICIDE - PARTIAL
Loss of Control

A

Offender losing control of their emotions/behaviours which means they are guilty of manslaughter not murder.

47
Q

DEFENCES TO HOMICIDE - GENERAL
Self-defence

A

Using reasonable force which can be justified.

48
Q

DEFENCES TO HOMICIDE - GENERAL
Automatism

A

An act(s) carried out while a person can be said to lack the capacity to make independent rational decisions or lacks the animus to prevent themselves from carrying out an act.

Criminology Unit 2 (3 decks)

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