1.2 - Social construction of criminality Flashcards
Social construction
Acts defined by society that would not naturally exist (defined as criminal)
Why is a universal definition not possible?
Cultural differences & changes over time
Laws that differ culture to culture: Polygamy
Having multiple spouses at one time
Legality in countries (Polygamy)
- Legal in 58 countries (polygyny - man & wives)
- Legal in a handful i.e. Himalayas (polyandry - woman & husbands)
- Crime in the UK w/punishment of 7 years in prison, a fine or both
Why polygamy laws vary
- Religion: Qur’an permits 4 wives, USA Mormonism until 1890 (still closely followed by FLDs)
- Tradition: practiced in African societies
Laws that differ culture to culture: Adultery
Sexual acts between 2 people married to other people
Legality in countries (adultery)
- Illegal in Muslim & Christian-majority countries (e.g. African countries)
- Legal in UK & India
- Punishable by fines, stoning
Why adultery laws vary
- Religion: Condemns adultery
- Position of women: Unequal laws as women are seen as lower so criminalisation is directed against females
Laws that differ culture to culture: Homosexuality
Sexual acts between members of the same sex
Legality in countries (homosexuality)
- Male same-sex couples illegal in 72 countries, female 45
- Legal is Russia but promotion of homosexuality is banned
- Legal in UK, European countries & N./S. America
Why homosexuality laws vary
- Religion: Condemning homosexuality (Islam, Christianity, Judaism)
- Public opinion: Call for bans are higher in some countries (Egypt)
- Sexism: Male is more illegal
Laws that differ culture to culture: Cannabis usage
…pretty self explanatory?
Why cannabis/drug laws vary
- Different norms & values: emphasis on individual freedom -> victimless crime & is the individual’s right to do as they wish
How/why laws change over time: Gun control laws
Laws tightened in 1997 following the 1996 Dunblane primary school shooting that killed 16 students & 1 teacher
- Ban of all handguns except .22 single shots (although later in 1997, all were banned)
Gun control campaigns
- Gun Control Network - set up by lawyers, parents of victims, academics to tighten the gun control
- Snowdrop - bereaved Dunblane parents petitioned for a change in law
How/why laws change over time: Homosexuality laws
In UK - homosexual acts were a crime in 1885 with a life sentence as punishent
- Gay sex legalised in 1967 between consenting adults over 21
- Age of consent equalised to 16 in 2000
Homosexuality campaigns
- Homosexual Law Reform Society -> legalised sex in 1967
- Stonewall & the Campaign for Homosexual Equality -> equalised age of consent
Before campaigns: Wolfenden Report
- saw an increase in prosecution & a committee under Sir John Wolfenden saw to consider reformation -> legalised acts between over 21s
Why the law changed (homosexuality)
- Politicians: Roy Jenkins open support for campaigns
- Human rights: India (state has no right to control private lives) & UK (concern with equal rights)
Key case in homosexuality laws changing
Alan Turing
- Decoded Enigma code
- Convicted of ‘gross indecency’ & got 12 months hormone therapy (chemical castration)
- Died of cyanide poisoning in 1954
How/why laws change over time: drug laws
Portugal
- Legalised cannabis usage to reduce crime rates, save space in prisons and reduce spread of HIV
- 2001 - <10 day supply was no longer a criminal offence & was seen as a public health issue rather than a crime (referrals to support services)
Why the law changed (drugs)
- Sudden/rapid growth in drug addiction in 90s (1/100 addicted to heroin)
How/why laws change over time: Laws relating to children
Done to protect them from harms of the real world
- No such thing as childhood until 13th century
- Send to work at a young age
How the law changed (children)
- Laws excluding children from paid work: Factory Acts excluded children from the work place
- Compulsory schooling: 1880 - basic education for all to keep children out of paid work
- Child protection & welfare legislation: 2004 Children Act - fundamental principle of welfare
- Children’s rights: Children Act - parents have responsibility, UN Convention on the Rights of a Child - basic rights i.e. entitlement to healthcare
How/why laws change over time: laws concerning physical punishments
Capital punishment (hanging) & corporal punishment (caning, put in the stocks)
- Abolished capital in 1965
- Corporal slowly disappeared
Why the law changed (physical punishments)
- Breach of right to life
- Cannot correct miscarriage of justice
- Is not a deterrent for crime
- Result of a long-term decline in violence as physical punishment is replaced with self-control
Key case in physical punishments
Derek Bentley & Christopher Craig
- convicted of murder of Sidney Miles
- only Bentley was executed as Craig was too young (controversial & lead to questioning death penalty)
- Craig was the one who shot the officer after Bentley supposedly told him to (later not true as Bentley was illiterate & had the mental capacity of an 11 year old)
Laws applied differently according to circumstances: Moral Panic
2011 riots - minor offences lead to custodial sentences if associated with the riots (i.e. theft)
Laws applied differently according to circumstances: Typifications
Enforces law more strictly due to stereotypes & situational factors (Chambliss Saints & Roughnecks’ case, Piliavin & Briar)
Laws applied differently according to circumstances: Age of responsibility
Treated differently if below the age of criminal responsibility which varies from place to place & different courts applied to ages (youth courts 10-17)
Laws applied differently according to circumstances: Homicide Act
- Diminished responsibility: ability to be liable due to mental impairments (i.e. schizophrenia) - murder reduced to manslaughter
- Loss of control: unable to consciously control their actions - triggered by fear of death/violence or actions of extremely grave nature which is compared to someone of similar characteristics
- Automatism: involuntary actions by muscles with no control from the mind (i.e. sleepwalking)
