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AS Criminology > 1.2 - Social construction of criminality > Flashcards

1.2 - Social construction of criminality Flashcards

1
Q

Social construction

A

Acts defined by society that would not naturally exist (defined as criminal)

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2
Q

Why is a universal definition not possible?

A

Cultural differences & changes over time

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3
Q

Laws that differ culture to culture: Polygamy

A

Having multiple spouses at one time

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4
Q

Legality in countries (Polygamy)

A
  • 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
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5
Q

Why polygamy laws vary

A
  • Religion: Qur’an permits 4 wives, USA Mormonism until 1890 (still closely followed by FLDs)
  • Tradition: practiced in African societies
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6
Q

Laws that differ culture to culture: Adultery

A

Sexual acts between 2 people married to other people

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7
Q

Legality in countries (adultery)

A
  • Illegal in Muslim & Christian-majority countries (e.g. African countries)
  • Legal in UK & India
  • Punishable by fines, stoning
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8
Q

Why adultery laws vary

A
  • Religion: Condemns adultery
  • Position of women: Unequal laws as women are seen as lower so criminalisation is directed against females
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9
Q

Laws that differ culture to culture: Homosexuality

A

Sexual acts between members of the same sex

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10
Q

Legality in countries (homosexuality)

A
  • 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
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11
Q

Why homosexuality laws vary

A
  • Religion: Condemning homosexuality (Islam, Christianity, Judaism)
  • Public opinion: Call for bans are higher in some countries (Egypt)
  • Sexism: Male is more illegal
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12
Q

Laws that differ culture to culture: Cannabis usage

A

…pretty self explanatory?

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13
Q

Why cannabis/drug laws vary

A
  • Different norms & values: emphasis on individual freedom -> victimless crime & is the individual’s right to do as they wish
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14
Q

How/why laws change over time: Gun control laws

A

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)

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14
Q

Gun control campaigns

A
  • 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
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15
Q

How/why laws change over time: Homosexuality laws

A

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

16
Q

Homosexuality campaigns

A
  • 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

17
Q

Why the law changed (homosexuality)

A
  • Politicians: Roy Jenkins open support for campaigns
  • Human rights: India (state has no right to control private lives) & UK (concern with equal rights)
18
Q

Key case in homosexuality laws changing

A

Alan Turing
- Decoded Enigma code
- Convicted of ‘gross indecency’ & got 12 months hormone therapy (chemical castration)
- Died of cyanide poisoning in 1954

19
Q

How/why laws change over time: drug laws

A

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)

20
Q

Why the law changed (drugs)

A
  • Sudden/rapid growth in drug addiction in 90s (1/100 addicted to heroin)
21
Q

How/why laws change over time: Laws relating to children

A

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

22
Q

How the law changed (children)

A
  • 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
23
Q

How/why laws change over time: laws concerning physical punishments

A

Capital punishment (hanging) & corporal punishment (caning, put in the stocks)
- Abolished capital in 1965
- Corporal slowly disappeared

24
Q

Why the law changed (physical punishments)

A
  • 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
25
Q

Key case in physical punishments

A

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)

26
Q

Laws applied differently according to circumstances: Moral Panic

A

2011 riots - minor offences lead to custodial sentences if associated with the riots (i.e. theft)

27
Q

Laws applied differently according to circumstances: Typifications

A

Enforces law more strictly due to stereotypes & situational factors (Chambliss Saints & Roughnecks’ case, Piliavin & Briar)

28
Q

Laws applied differently according to circumstances: Age of responsibility

A

Treated differently if below the age of criminal responsibility which varies from place to place & different courts applied to ages (youth courts 10-17)

29
Q

Laws applied differently according to circumstances: Homicide Act

A
  • 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)

AS Criminology (10 decks)

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