1.2 social construction Flashcards
what is the social construction of criminality
defined by society and does not occur naturally
one society or culture can define an act as criminal and pass a law against it
society changes over time, ideas about crime change
why do laws change between cultures
Religion
- Islam and Christianity condemn certain actions such as homosexuality
- countries where religion has a strong influence have the influence over the law-making
why do laws change over time
public opinion
where is Polygamy legal
- legal in 58/200 sovereign states
(most being Muslim majority) - countries like India and Singapore polygamy is valid and legal
where is polygamy illegal
illegal in basically in every country and is strictly prohibited in Islam
fully outlawed in Australia and America
variation between cultures with polygamy
the Quran encourages Muslim men to have more than 4 wives in most Muslim countries
Mormons practiced polygamy in 1890 and continues to be in practice illegally
where is homosexuality legal
- legal in the UK, Europe and north/south America
- although it is a crime in Muslim counties Indonesia the largest Muslim state by population it is legal
where is homosexuality a crime
- for men illegal in 72 countries
- for women it is illegal in 45 countries
- 6 countries convictions end with death penalty
- in Russia it is highly banned from being promoted
how are laws applied differently according to circumstances
laws are meant to be applied equally but its not always the case because of circumstances such as:
- moral panics
- typifications
- age of criminal responsibility
- homicide
why is typifications a circumstance for the law to be applied differently
certain groups are more likely to be arrested depending on their class
this means two groups can commit the same crime but one will be more likely to be arrested
why is age of criminal responsibility a circumstance for the law to be applied differently
two people may commit the same crime but treat them differently because one is below the age of criminal responsibility
- being below the age of criminal responsibility means they may not have the capacity to commit a crime
- children below a certain age do not understand the full meaning of the act
why is homicide a circumstance for the law to be applied differently
diminished responsibility - if the offender shows a mental disorder has reduced their capability to take responsibility
loss of control - this is a defence that the offender may reduce sentence to manslaughter
automatism - crime must be a voluntary act, defendant must have actively chosen to commit the crime
