1.2 social construction of criminality Flashcards
Unit 2
What is Social Construction
Something that has been made up by society, rather than occuring naturally.
What is Criminality
- Whatever acts a society deems as criminal.
- Therefore, one society or culture may have different ideas on which behaviours are criminal.
- Ideas regarding criminality can change over time.
How laws change between cultures - polygamy
What is Polygamy
The practice of having more than one husband or wife at the same time.
Polyandry: having more than 1 husband.
Polygyny: having more than 1 wife.
How laws change between cultures - polygamy
Give an example of a country that polygamy is legal in
- malaysia
- philipines
- singapore
- sri lanka
- india (only for muslims)
it is also legal in any African and Muslim countries
How laws change between cultures - polygamy
Give an example of a country that polygamy is illegal in
- turkey
- tunisia
- uk
- canada
- usa
- russia
- china
- australia
in the UK, punishment for Bigamy is up to 7 years in prison and fines
How laws change between cultures - polygamy
Why does religion permit polygamy
Islam
the qur’an permits muslim men to take up to 4 wives
How laws change between cultures - polygamy
Why does religion permit polygamy
Mormonism
the practice of polygamy was begun as a way to ensure a ‘fruitful marriage’, adn that the practice was essential for salvation , and was permitted untill 1890 when it was banned in an attemt to reduce anti-mormon sentiment, and to help Utah reach Statehood.
How laws change between cultures - Adultery
What is Adultery
sexual acts between two people wherein one or both are married to other partners
How laws change between cultures - Adultery
Give an example of a country that adultery is legal in
it is legal in most countries including the
* UK
* europe
* australia
* new zealand
* india
How laws change between cultures - Adultery
Give an example of a country that adultery is illegal in
it is an offence in may countries that are of muslim or christian majority, including
* Phillipines
* Taiwan
* Iran
* Afghanistan
it is also a crime in several countries in Africa, as well as 21 US states
How laws change between cultures - Adultery
Why is Adultery not permitted
religion
It is one of the 10 commandments shared between Islam, Christianity, and Judaism.
How laws change between cultures - Adultery
Why is Adultery not permitted
societal
laws against adultery are often found in societies that women occupy a more subservient position, and punishments for women are more severe.
In Christian beliefs this stems from women being property of the men, and therefore adultery was a property crime, not a sex crime.
How laws change between cultures - cannabis
What is Cannabis
a psychoactive drug with many forms
also known as weed or marijuana
How laws change between cultures - cannabis
Give an example of a country that cannabis is legal in
it has been legalised in some places for medicinal and personal use, wehras other countries have legalised it for general sale such as;
* canada
* uruguay
other countries (portugal) have decriminalised the possetion of cannabis, therefore a person gets a warning rather than a more severe penalty
societies like these see legalised or decriminalised cannabis as a way to take power from criminal suppliers, reduce harm and eenable people to reach out and get help.
How laws change between cultures - cannabis
Give an example of a country that cannabis is illegal in
cannabis is illega in most of europe and the UK.
in the uk, possetion carries up to 5 years imprisonment, and growing and distribution carry up to 14 years - however, most possetion offences are typically lighter and let off as warnings or fines.
How laws change between cultures - cannabis
Why is Cannabis not permitted
values and norms
difference in laws reflect trhe difference in norms between societys
cultures with greater individual freedoms may see drug use as an individuals right to do whaterver they want with their body in comparison to more reserved or traditional cultures
How laws change between cultures - cannabis
Why is Cannabis not permitted
public opinions
lawmakers in some societies view the best way to prevent drugs causing harm is to take a tough stance to deter the use of substances.
they favour tough penalty and punishments as they see cannabis as a gateway drug to addiction to more harmful substances like heroin.
Why is Circumstance important
everyone must follow law, therefore resonable adjustments must be made dependent on a criminals circumstance to that law effects everone equally.
Give an example of how Circumstance can affect criminal responsiblity
- age
- diminished responsibility
How does Diminished Responsiblity affect Criminal Responsibility
desptie having both an Actus Reus and Mens Rea the law allows a maslaughter charge rather than a murder charge, when the offender has acted under a loss of control. this works like a partial defence, and rather than facing life, the tariff is up to the judge.
the partial defence only works in tghe case of murder, although Automatism and Self - Defence can be claimed in other cases as apartial defence, making the offender not criminally responsible.
How does Age affect Criminal Responsibility
anyone under a certain age cannot be prosecuted, as they are too young to understand the crime, no matter the severity
* In the UK its 10
* In Canada its 12
* In China its 16
* In the USA there is no age (a baby could be convicted)
What is Homosexuality
sexual acts between members of the same sex
Give an example of a country that Homosexuality is legal in
homosexuality is legal in most areas of europe and amersica, however some areas that it is legal; do not recognise gay marriage.
Give an example of a country that Homosexuality is illegal in
homosexuality between male is illegal in 77 countries and between women in 45 countries.
* chad
* morocco
* dominica
* tunisia
it is still punishable by the death penalty in up to 12 countries
* iran
* saudi arabia
* somalia
however, in some places the act of homosexuality is not illegal but the rights of the person are therefore limited - not able to marry or adopt and to not be able to publicise the acts.
* russia
Why is Homosexuality not permitted
religion
in many religions (christianity, judaism and islam) traditionally have seen homosexuality as a sin, therefore it is an offence punishable by law. Countries that allow religion to have a strong inflience over lawmaking often have more laws prohibiting homosexuality.
in secular society these norms are often more diverse and accepting.
Secular - non religious
Why is Homosexuality not permitted
public opinion
recent public polls have shown high levels of suppor on homosexula bans in some countries, especially those with strong religious influence (iran, iraq, egypt)
Why is Homosexuality not permitted
sexism
in several countries that prosecute male homosexuality, they do not prosecute female homosexuality. this may be due to most often male lawmakes not believing women are capable of same sex attraction.
