AC 1.2 Flashcards
What does it mean when “laws are socially constructed”
Laws are made/decided by society
Not naturally occurring
Defined and decided by a particular society and are therefore subject to change
How do laws change over time generally
Often a law that has been introduced often changes, whether it means an act is now legal, illegal or decriminalised
Provide examples of laws that have changed over time
Homosexuality
Smoking
Capital Punishment
When was Capital Punishment made illegal in the UK
1964
For what reasons was Capital Punishment made illegal
- They felt it undermined human dignity
- Situations have occurred where there’s been a miscarriage of justice
- The influence of cases such as Derek Bentley
Outline Derek Bentley’s situation and how this influenced the shift in Capital Punishment
Derek Bentley was a 19 year old
He was given the death penalty for the murder of a
police officer
Questions arose about whether or not this was just as he suffered from severe mental disabilities and coercion from others may of influenced his decision making
When was homosexuality decriminalized in the UK
1967 for men aged over 21
When was it illegal to smoke in doors in the UK and with and children in a car
2007 - Smoking in doors
2015 - Smoking in car with a child
Why was homosexuality legalized in the UK, as well as later laws around consent etc.
Mainly due to a change in public perception, as norms and values began to shift
Pressure groups eg. Stonewall pushed for equality for the LGBTQ+ community
Why was smoking laws tightened in the UK?
Due to a shift in public perception as new discoveries and research around smoking and its dangers came out
Why do laws shift between culture/place
Different cultures have different norms and values and public perception
List examples of laws that are different depending on culture/place
Gun ownership
Suicide
Polyandry/Polygamy
Honor Killings
What countries is Gun Ownership legal
US, Mexico, Guatemala
Why might Gun Ownership be legal in some countries
Different social cultures and regulations determine whether its legal
In America, gun ownership is a fundamental in their constitution and therefore widely accepted in their social norms
Certain countries may require heavy self defense due to frequent violent crime and therefore possession of a gun for protection is widely accepted socially
When was Suicide decriminalized in the UK
1961 under the Suicide Act
Where is Suicide still illegal
Syria, Lebanon, UAE
Why might suicide be illegal in certain countires
These countries may have deep religious cultures that influences their laws (as suicide is seen as a major sin)
In western societies they adopt a more secular approach so its decriminalized
is Polyandry and Polygamy illegal in the UK?
It’s illegal under the 1973 Matrimonial Causes Act
What countries is Polygamy legal?
Iran, Saudi Arabia, Algeria
What countries is Polyandry legal?
Nigeria, Kenya, DRC
Why may Polyandry and Polygamy be legal in certain cultures/places
These relationships are often culture/faith based
Therefore in countries where theses religious are more present - this law is likely to not be enforced
Whereas in heavily Christian or secular cultures its likely to be illegal
How does the age of criminality differ in the UK, Spain and Greece?
UK - 10
Spain - 14
Greece - 12
What are some examples where sentencing might be applied differently due to unique circumstances?
Diminished Responsibility
Automatism
Manslaughter
Loss of Control
What is Diminished Responsibility
When a person’s unbalanced mental state makes them less responsible for a crime - therefore often reducing their charges or the harshness of their sentence
What is Automatism
When someone involuntarily commits can act, often in the case of a mental/physical illness (eg. sleep walking murder, schizophrenia)
What is Loss of Control
A partial defense that argues that there lack of ability to limit impulses
What is Manslaughter
Accidental killing/killing without intent
How do typifications affect sentencing
37% of white people are given immediate custodial sentence for possession of class B
44% of black people are
