1.2, Explain the social construction of criminality Flashcards
What is the social construction of criminality?
Crimes are decided if they’re a crime or not in their society.
Society choses what type of crime is criminal or not.
Definition of crime comes from the norms and values in society, crime is not universal/fixed.
How bigamy laws change from culture to culture?
In the UK bigamy is illegal under the Offences Against the Persons Act 1861, Section 57, and the punishment for it can be up to 7 years in prison or a £5000 fine or both.
In what countries is bigamy legal?
United Arab Emirates, Saudi Arabia, Afghanistan, Yemen, Somalia, Algeria.
What is bigamy?
The act of marrying a person while you are still married to someone else.
What is polygamy?
Having multiple consenting partners.
Why do laws on bigamy vary between cultures
Due to religion, as in Islam it is is allowed to have 4 wives according to the Quran, and the Sharia Law is permissible.
Some countries are more diverse, and aren’t as religiously influenced, it can be a secular society where religion doesn’t play a big role in society.
Facts on case study Alex Joseph, Polygamist.
lived in Kane County, Utah.
His occupation was a U.S Marine, police, firefighter, mail carrier, car salesman, accountant, author of books, private investigator, health food producer, western music performer.
He had 20 wives.
He had 14 biological children and several adopted/fostered children.
What is adultery?
A sexual act between two people, one or both of whom is married to another person, but what counts as a sexual act vary between cultures and states.
How does adultery differ across cultures?
Societies that criminalise adultery are Muslim-majority countries. e.g. Egypt and Iraq
What are the punishments for countries that criminalise adultery?
They can vary from stoning to death, to caning, to a fine.
Is adultery against the law in the UK?
No, it is not against the law.
Wy do the laws vary between cultures?
It depends on the norms and values of the society and every society has different N&V. Society has also changed and people have freedom (emphasis it) to do as they please. It is seen as deviant but it is not against the law (illegal).
How many countries say Male homosexuality is illegal?
Give examples.
Male homosexuality is illegal in 72 countries which include Pakistan, Singapore and Uganda.
How many of the 72 countries that have male homosexuality illegal also have female homosexuality relationships illegal?
45
How many of the 72 countries that have male homosexuality illegal include convictions that can result to death penalties
6 including Yemen.
What is homosexuality like in Russia and in most countries?
Homosexuality is not illegal but law bans its promotion.
Most countries don’t criminalise homosexuality but do not allow same sex couples to marry or adopt.
Where is homosexuality legal?
USA, UK, Spain, Germany, Canada, Chile.
When was homosexuality decriminalised in the UK and under which law?
Sexual Offences Act 1967
Why does law vary between cultures?
Religion - countries with a strong influence tend to have laws making homosexuality a crime. Secular society
Public opinion - polls by the Pew Research Centre show higher levels of support for bans on homosexuality.
In the UK it is normalised and accepted.
What are the different charges associated with cannabis under the 1971 Misuse of Drugs Act?
A warning or on-the-spot fine of up to 90 pounds if found with it.
Or 5 years in prison, unlimited fine if you’re found with selling drugs or large amounts.
Where in the world is cannabis legal?
Canada, Germany, South Africa, Georgia
A reason why law varies - cannabis
Different ideas about how best to control drug use.
Some countries take a tougher way to deter people away from harming themselves by cannabis. But others decriminalise the consequences and offer support instead.