1.2 - Explain The Social Construction Of Criminality

Question 1

Define “social construct”.

Answer 1

Something that has been made or defined by society.

Question 2

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

Answer 2

1998.

Question 3

Define adultery.

Answer 3

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

Question 4

Is adultery legal in the uk?

Answer 4

No.

Question 5

In what culture is adultery legal?

Answer 5

India.

Question 6

Why does the law of adultery differ in different cultures?

Answer 6

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

Question 7

Define honour crime.

Answer 7

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

Question 8

Is honour crime legal in the UK?

Answer 8

No

Question 9

In which cultures is honour crime legal?

Answer 9

Middle East

Question 10

In which cultures is honour crime illegal?

Answer 10

Christianity

Question 11

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

Answer 11

Different norms and values.

Question 12

Define homosexuality.

Answer 12

Sexual acts between members of the same sex.

Question 13

Is homosexuality legal in the UK?

Answer 13

Yes

Question 14

How many countries is homosexuality illegal in?

Answer 14

72 countries

Question 15

Why does the law differ in different countries for homosexuality?

Answer 15

• Religion
• Public opinion
• Sexism

Question 16

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

Answer 16

Leniently.

Question 17

What is the law for cannabis in the UK?

Answer 17

Possession up to 5 years

Supply up to 14 years

Fine or conditional charge.

Question 18

In which cultures is cannabis legal?

Answer 18

Receptional or medical use is ok.

Question 19

In which cultures is cannabis illegal?

Answer 19

Many other European countries similar

Question 20

Why does the law differ in different countries?

Drugs

Answer 20

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

Question 21

Laws of homosexuality in the UK - 1885

Answer 21

Between men was a crime.

Question 22

Laws of homosexuality in the UK - 1967

Answer 22

21+ legalised

Question 23

Laws of homosexuality in the UK - 1994

Answer 23

Age of consent 18

Question 24

Laws of homosexuality in the UK - 2000

Answer 24

Age of consent was 16

Question 25

How was the law on homosexuality changed in India?

Answer 25

1861 - crime 2018 - law lifted by Supreme Court

Question 26

Four reasons laws on homosexuality has changed over time?

Answer 26

Wolfenden report Campaign Politicians Human rights

Question 27

How have drug laws changed over time in Portugal?

Answer 27

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

Question 28

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

Answer 28

Prioritise more severe crimes.

Question 29

Why did the laws on drugs change in Portugal?

Answer 29

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

Question 30

What is the Gun Control Network?

Answer 30

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

Question 31

What were the goals of the Gun Control Network?

Answer 31

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.

Question 32

What is The Snowdrop Campaign?

Answer 32

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

Question 33

What did The Snowdrop Campaign achieve?

Answer 33

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

Question 34

Childhood is a s------ c-------?

Answer 34

Social construct.

Question 35

What was childhood like in the 13th century?

Answer 35

It did not exist. Children had the same rights and laws as adults and could be punished the same as adults for crimes.

Question 36

What is childhood like in modern society?

Answer 36

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

Question 37

Give three changes in law which protect children?

Answer 37

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.

Question 38

What is capital punishment?

Answer 38

Execution - death penalty.

Question 39

What is corporal punishment?

Answer 39

Use of physical force/pain/discomfort in order to discipline someone. eg- hitting, whipping, branding, burning, mutilating.

Question 40

Capital punishment was abolished in Britain in ---

Answer 40

1965

Question 41

Corporal punishment was abolished in Britain in ----

Answer 41

1967

Question 42

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

Answer 42

- 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.

Question 43

What did Chambliss study and what did they find?

Answer 43

The middle class - "Saints" Working class - "roughnecks" Both groups committed offences but the police enforced the law more strictly on the "roughnecks".

Question 44

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

Answer 44

England - 10 Scotland - 12 Bangladesh - 9

Question 45

DEFENCES TO HOMICIDE - PARTIAL Diminished Responsibility

Answer 45

A potential defence by excuse by 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.

Question 46

DEFENCES TO HOMICIDE - PARTIAL Loss of Control

Answer 46

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

Question 47

DEFENCES TO HOMICIDE - GENERAL Self-defence

Answer 47

Using reasonable force which can be justified.

Question 48

DEFENCES TO HOMICIDE - GENERAL Automatism

Answer 48

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.