AC 1.2 Flashcards

1
Q

What does it mean when “laws are socially constructed”

A

Laws are made/decided by society
Not naturally occurring
Defined and decided by a particular society and are therefore subject to change

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2
Q

How do laws change over time generally

A

Often a law that has been introduced often changes, whether it means an act is now legal, illegal or decriminalised

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3
Q

Provide examples of laws that have changed over time

A

Homosexuality
Smoking
Capital Punishment

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4
Q

When was Capital Punishment made illegal in the UK

A

1964

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5
Q

For what reasons was Capital Punishment made illegal

A
  • 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
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6
Q

Outline Derek Bentley’s situation and how this influenced the shift in Capital Punishment

A

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

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7
Q

When was homosexuality decriminalized in the UK

A

1967 for men aged over 21

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8
Q

When was it illegal to smoke in doors in the UK and with and children in a car

A

2007 - Smoking in doors

2015 - Smoking in car with a child

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9
Q

Why was homosexuality legalized in the UK, as well as later laws around consent etc.

A

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

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10
Q

Why was smoking laws tightened in the UK?

A

Due to a shift in public perception as new discoveries and research around smoking and its dangers came out

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11
Q

Why do laws shift between culture/place

A

Different cultures have different norms and values and public perception

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12
Q

List examples of laws that are different depending on culture/place

A

Gun ownership
Suicide
Polyandry/Polygamy
Honor Killings

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13
Q

What countries is Gun Ownership legal

A

US, Mexico, Guatemala

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14
Q

Why might Gun Ownership be legal in some countries

A

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

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15
Q

When was Suicide decriminalized in the UK

A

1961 under the Suicide Act

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16
Q

Where is Suicide still illegal

A

Syria, Lebanon, UAE

17
Q

Why might suicide be illegal in certain countires

A

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

18
Q

is Polyandry and Polygamy illegal in the UK?

A

It’s illegal under the 1973 Matrimonial Causes Act

19
Q

What countries is Polygamy legal?

A

Iran, Saudi Arabia, Algeria

20
Q

What countries is Polyandry legal?

A

Nigeria, Kenya, DRC

21
Q

Why may Polyandry and Polygamy be legal in certain cultures/places

A

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

22
Q

How does the age of criminality differ in the UK, Spain and Greece?

A

UK - 10
Spain - 14
Greece - 12

23
Q

What are some examples where sentencing might be applied differently due to unique circumstances?

A

Diminished Responsibility
Automatism
Manslaughter
Loss of Control

24
Q

What is Diminished Responsibility

A

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

25
Q

What is Automatism

A

When someone involuntarily commits can act, often in the case of a mental/physical illness (eg. sleep walking murder, schizophrenia)

26
Q

What is Loss of Control

A

A partial defense that argues that there lack of ability to limit impulses

27
Q

What is Manslaughter

A

Accidental killing/killing without intent

28
Q

How do typifications affect sentencing

A

37% of white people are given immediate custodial sentence for possession of class B

44% of black people are