1.2- Explain The Social Construction Of Criminality Flashcards
How lows change from culture to culture- Polygamy *definitions *where is it legal? *where is it a crime? *why do the laws vary?
Definition- having more than 1 wife or husband at a time
- polygyny- a man has more than 1 wife
- polyandry- a women has more than 1 husband
Where is it legal?- mostly Muslim orientated countries and just for Muslims.
Where is it a crime?- most places and in the uk is called bigamy and can be punished by up to 7 years prison time.
Why do the laws vary?
- religion- Qur’an permits muslim men to take up to 4 wives
How laws change from culture to culture-
- adultery-
- definition
- where is it legal?
- where is it a crime?
- why do laws vary between cultures?
Definition- sexual acts between two people one or both of whom are married to another person
Where is it legal?- the UK as it is seen as a personal problem.
Where is it a crime?- mostly Muslim countries however there are several Christian majority counties in Africa, the punishments can range from death to a fine.
Why do laws vary?
-religion- most religions condemn adultery so in religion dominated societies laws are created to support this.
-women’s rights- often societies where women are unequal laws favour men
How laws chNge from culture to culture-
- homosexuality
- definition
- where is it legal?
- where is it a crime?
- why do laws vary between cultures?
Definition- sexual acts between members of the same sex
Where is it legal?- in Europe, north and South America and Indonesia
Where is it a crime?- male homosexuality is a crime in 72 countries and 45 for lesbians. In 6 of these countries it is punishable by death. In Russia it is illegal to promote homosexuality and in other countries marriage and adoption is illegal.
Why do laws vary?
-Religion-many countries rely upon religion to determine law yet many changing social Norma’s override this.
-sexism- many countries do not believe women could have same sex interaction so do not make it a law.
How laws change from culture to culture-
- cannabis use
- definition
- where is it legal?
- where is it a crime?
- why do laws vary between cultures?
Definition- possession and use of cannabis
Where is it legal?- some places have legalised the use for personal, recreational or medicinal uses or reclassified it as a minor offence.
Where is it a crime?- the uk and the maximum sentence is 5 years yet this is rarely in-forced.
Why do laws vary?
-different norms and values- most places see it as individual freedom and victimless.
-different prevention ideas- some societies believe taking a harsh stance on cannabis use will lessen the usage yet other believe decriminalisation means that there is more police time
How laws change over time-
- physical punishment
- changes in the law
- reasons for the change
Changes in the law-
- in 1965 capital punishment was abolished
- in 1977 corporal punishment was abolished
Reasons for the change-
- the basic right to life
- the fear of false convictions
How laws change over time-
- laws for children
- changes in the law
- reasons for the change
Changes in the law-
- compulsory schooling was introduced
- child welfare act was introduced in 2004
Reasons for the change-
- a more child centred society began to develop.
- acceptance that children were not adults and needed more protection
How laws change over time-
- Gun laws
- changes in the law
- reasons for the change
Changes in the law-
*firearms act banning handguns 1997
Reasons for the change-
*1987 Michael and Ryan shootings
How laws change over time-
- drug laws
- Changes in the law
- reasons for the change
Changes in the law-
* decriminalisation in 2001 for most drugs
Reasons for the change-
*over spending on public
Are all crimes treated the same?
- moral panics
- typifications
Moral panics- harsher sentence are handed out when moral panic is created to ‘teach a lesson’
Typifications- chambliss studied two groups of youths the middle and working class and found laws were harshly in forced into the working class
- piliavin and briar found that situational factors such as clad ethnicity age attitude place and time of day were all massive factors in the harshness of policing
Are all crimes treated the same?
- age of criminal responsibility
- homicide
Age of criminal responsibility- 10 the lowest in Europe.
*youth courts- 10-17 are tried for crimes and are treated kinder than adult courts
Homicide
- diminishes responsibility (mental state) can mean that certain people are treated better
Aggravating and mitigating factors
Aggravating factors- are used by the courts to increase sentencing
Mitigating factors- are used by the defence to lower sentencing
