1.2 Social construction of crime Flashcards
Social construction
Refers to something that has been made or defined by society, rather than simply occurring naturally.
What are the 4 topics we covered in terms of laws changing from culture to culture?
Polygamy
Adultery
Homosexuality
Cannabis
What is polygamy and the 2 types?
Polygamy is the practice of having more than one wife or one husband at the same time.
Polygyny- where a man may take two or more wives
Polyandry- where a woman may take two or more husbands
Where is polygamy legal?
Polygyny is actually legal in 58 countries!
Whereas polyandry is confined to just a handful of societies, mainly in the Himalayas.
Most societies where polygamy is legal are Muslim-majority countries.
Where is polygamy illegal?
In the UK anyone who goes through a marriage ceremony while they are still married to someone else, is committing the crime of bigamy.
You could get 7 years in prison, a fine or both.
Why do the laws on Polygamy differ between cultures?
Religion- the Qur’an permits Muslim men to take up to four wives and this is reflected in the laws of most Muslim-majority countries.
In the USA, the Mormon Church practiced polygamy until 1890 and it continues to be practiced illegally by some branched off groups.
Tradition- Polygamy has traditionally been practiced in some African Societies, though it has sharply declined in recent decades.
What is adultery?
Adultery involves a sexual act between two people, one or both of whom is married to another person.
Where is adultery legal?
In most countries, including in the UK, adultery is not against the law. In India it ceased to be a crime in 2018.
Where is adultery illegal?
Most societies that criminalise adultery are Muslim-majority countries, though several Christian-majority countries in Africa make adultery a criminal offence.
Punishment varies widely, from stoning to death, to caning, to a fine.
Why do the laws on Adultery differ between cultures?
Religion: most religions condemn adultery. Not committing adultery is one of the 10 commandments shared by Christianity, Islam and Judaism.
The position of women: Laws against adultery are often found in societies where women occupy a very subordinate position. Usually in such societies, the adultery laws are themselves unequal.
Where is homosexuality legal?
Homosexuality is legal in the UK, Europe and North and South America. Although it is a crime in many Muslim countries, in Indonesia, the world’s largest Muslim state by population, it is legal.
Where is homosexuality illegal?
Male homosexuality is illegal in around 72 countries and in 45 so are lesbian relationships.
In 6 countries, conviction can result in the death penalty.
In some countries such as Russia, it is not illegal but the law bans its ‘promotion’.
Why do the laws on Homosexuality differ between cultures?
Religion- many religions, including Christianity, Islam and Judaism, have traditionally condemned homosexuality.
Public opinion- Polls by the Pew Research Centre show higher levels of support for bans on homosexuality in some countries. Some of these are countries where religion has a strong influence (e.g. Egypt)
Sexism- The fact that male homosexuality is a crime in more countries than lesbianism is, may be due to sexist assumptions by male law makers that women were incapable of same-sex attraction.
Where is cannabis legal?
Some places have legalised possession for personal recreational or medical use, e.g. Netherlands, Portugal.
Where is cannabis illegal?
In the UK, possession can be punished with up to 5 years in prison and supply with 14 years. Many other European countries have similar laws.
Why do the laws on Cannabis differ between cultures?
Different norms and values- societies with an emphasis on individual freedoms may see drug use as victimless or as an individual’s right to do as they wish with their body.
Different ideas how about best to control drug use - some societies see legalisation or decriminalisation as a way to take cannabis out of the hands of criminal suppliers and to reduce harm.
What are the 5 topics we covered in terms of laws changing over time?
Homosexuality
Drug laws
Gun control laws
Laws relating to children
Laws relating to physical punishment
How have laws on Homosexuality changed over time?
1533 - In the UK, all homosexual acts between men were made a crime - death penalty
1868 - Punishment changed to life in prison.
1967 - Legalised. Sexual offences act. Men over the age of 21 in England & Wales.
The age of consent was reduced to 18 in 1994 and the equalised with heterosexuals at 16 in 2000.
In England & Wales, the legalisation of Gay marriage was passed in parliament in 2013 and took effect in 2014.
What are the reasons why laws on homosexuality changed over time?
Wolfenden report.
Campaigns by Stonewall and the Campaign for Homosexual Equality led.
Politicians such as Roy Jenkins supported the campaign for change and as Home Secretary he introduced the necessary legislation in 1967.
Human rights.
How have Drug laws changed over time?
From 2001, possession of drugs was changed from a crime to a civil offence, if the quantity involved was less than for a ten-day personal supply.
The new law applied to both ‘hard’ drugs such as heroin and ‘soft’ drugs such as cannabis.
What are the reasons why Drug laws changed over time in Portugal?
Rapid growth in the scale of drug addiction in Portugal.
By the 1990s, one in every 100 of the population was addicted to heroin. This led to drastic action to tackle the problem.
It was also felt that, as a relatively poor country, the new law would reduce the costs resulting from drug use and one source points to a saving of 18%.
How have Gun laws changed over time?
In 1997, the government introduced an act banning most handguns.
Later on that year, a second act was introduced, banning the remaining handguns as well.
It is now illegal to own a handgun in Great Britain.
What are the reasons why Gun laws changed over time?
Two main cases:
1987 - Hungerford case (Michael Ryan shot and killed 16 people).
1996 - Dunblane case (16 children and one teacher were shot dead by Thomas Hamilton)
These cases led to campaigns such as the Snowdrop campaign and the Gun control network,
How have laws relating to children changed over time?
Laws excluding children from paid work- In the 19th century, children as young as six were widely used in cotton mills, coalmines and other industries. A series of Factory Acts gradually excluded children from the workplace.
Compulsory schooling- Introduced in 1880, it ensured a basic education for all and also had the effect of keeping children out of paid work.
Child protection and welfare legislation- such as the 2004 Children Act made the child’s welfare the fundamental principle underpinning the work of agencies such as social services.
Children’s rights- The Children Act defines parents as having ‘responsibilities’ rather than ‘rights’ in relation to children.
Laws and policies that only apply to children- E.g. minimum ages for a wide range of activities, from sex to smoking etc.
