1.2 Explain the social construction of criminality Flashcards
What is Social Construction?
’ a concept or perception of something based on the collective view of people within a society or social group’
How does perception of crime and law change?
- culture to culture
- over time
- according to the circumstance in which actions occur
- according to place, time and culture
How does law change from culture to culture?
Examples:
Laws vary from one culture to another.
- Polygamy, Adultery, Homosexuality, Cannabis etc.
Why does Polygamy change from culture to culture?
- The practice of having more than one wife (polygyny) or husband (polyandry) at the same time.
- It is legal in 58 countries, mainly Muslim countries.
- It is a crime in most countries. The crime is stated as Bigamy.
- The law varies due to religion and tradition.
Religion as the Qur’an permits a man to take 4 wives. In the Mormon church practiced polygamy until 1890.
Tradition as in some African societies it is a traditional practice.
Why do laws vary between cultures?
- Religion
- Tradition
- Public Opinion
- Sexism
- Different norms and values
- Human rights etc.
How does law change over time?
Examples:
Changes in norms and values over time changes laws.
- Homosexuality, Drug laws, Gun control laws, physical punishment, relating to children etc.
Why has Homosexuality laws changed over time?
- Same-sex relationships.
- It has been legal in the UK since 2000 for everyone not just certain age groups.
- It is a crime in some Muslim countries with some receiving the death penalty.
- The law varies due to human rights, campaigns, religion, politicians and the Wolfenden report.
Why do laws vary over time?
- Campaigns
- Human rights
- Religion
- Gun control network
- Children’s right
- Public opinion
- Sexism etc.
How does law change according to a circumstance?
Examples:
The law is equal to everyone but two different people who commit the same crime can be treated differently.
- Differential enforcement of the law
- Age of criminal responsibility
- Homicide
Why does Age, Enforcement of law and Homicide affect how law is applied?
- Children are believed to not have the capacity to understand the act they have committed so they cannot be held responsible like adults.
- The law is not always enforced equally. Moral Panic is when a minor offence were more likely to receive custodial sentences rather than similar cases committed under ‘normal’ conditions.
- 3 special defences where the defendant can plead not guilty despite killing someone:
Diminished Responsibility, Loss of Control and Automatism.
How can laws change due to the place?
Examples:
Different countries have different laws
- Jaywalking, Guns, Homosexuality etc.
Why does Jaywalking change between places?
Jaywalking is crossing the road but not at a crossing.
Jaywalking is illegal in the USA whereas in the UK it is not.
