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criminology. > AC 1.2: explain the social construction of crime. > Flashcards

AC 1.2: explain the social construction of crime. Flashcards

1
Q

What is meant by social construct?

A

Something that has been made or constructed by society rather than occurring naturally.

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2
Q

What does howard becker’s labelling theory (1963) suggest?

A
  • every society makes rules governing deviant behaviour and applies them i different ways.
  • if the same behaviour can be deviant in one context but non-deviant in another it suggests that “deviance is not a quality of the act the person commits but rather a consequence of the application by others of rules and sanctions to an ‘offender’”.
  • criminal behaviour must be socially constructed.
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3
Q

What is the social construction of criminality?

A

Whichever acts a society defines as criminal.
[as society changes over time, its ideas about what is a crime can also change]

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4
Q

Why may the social construction of crime change?

A
  • changing values about behaviours.
  • influence of religious beliefs.
  • influence of media representations.
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5
Q

What is meant by polygamy?

A

The practice of having more than one wife or husband at the same time.

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6
Q

What are the two forms of polygamy?

A
  • polygyny.
  • polyandry.
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7
Q

What is meant by polygyny?

A

Where a man may take two or more wives.

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8
Q

What is meant by polyandry?

A

Where a woman may take two or more husbands.

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9
Q

Where is polygamy legal?

A
  • in 58 countries.
  • muslim-majority countries.
  • in india, malaysia, philippines, singapore and sri lanka it is permitted but for muslims only.
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10
Q

Where is polygamy illegal?

A
  • most countries.
  • many muslim counties place restrcitions on it such as in turkey and tunisia.
  • bigamy is committed if a person marries another whilst still married in the uk.
  • bigamy is punishable for up to seven years imprisonment, a fine or both.
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11
Q

Why may the laws vary between cultures on polygamy?

A
  • religion.
  • tradition.
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12
Q

What are the religious reasons polygamy may cause the variation of law between cultures?

A
  • qur’an permits muslim men to take up to four wives.
  • mormon churches practiced polygamy until 1890 however it is continued to be practiced illegally in the usa.
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13
Q

What are the traditional reasons polygamy may cause the variation of law between cultures?

A
  • practiced in some african countries.
  • younger generations continue the tradition.
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14
Q

What is meant by adultery?

A

A sexual act between two people where one or both are married to another person.

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15
Q

Where is adultery legal?

A
  • in most countries including the uk.
  • seen as socially unacceptable.
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16
Q

Where is adultery illegal?

A
  • muslim-majority countries.
  • punishment varies from stoning to death, to being put in prison, to a fine.
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17
Q

Why may the laws vary between cultures on adultery?

A
  • religion.
  • position of women.
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18
Q

What are the religious reasons adultery may cause the variation of law between cultures?

A
  • wrong to commit adultery in the ten commandments which is shared by christianity, islam and judaism.
  • has been made a crime in countries influenced by religion.
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19
Q

What is the reason for position of women with adultery which may cause the variation of law between cultures?

A

Laws against adultery are often found in societies where women occupy a very subordinate position where laws are themselves unequal.

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20
Q

What is meant by homosexuality?

A

Sexual acts between members of the same sex.

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21
Q

Where is homosexuality legal?

A
  • uk, europe and north and south america.
  • although a crime in many muslim countries, in indonesia, it is legal.
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22
Q

Where is homosexuality illegal?

A
  • male homosexuality is illegal in 72 countries.
  • female homosexuality is illegal in 45 countries.
  • conviction can result in death penalty in some countries.
  • some countries such as russia have made it legal but ban promotion.
  • many countries which do not criminalise it do not allow same-sex marriages or them to adopt.
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23
Q

Why may the laws vary between cultures on homosexuality?

A
  • religion.
  • public opinion.
  • sexism.
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24
Q

What are the religious reasons homosexuality may cause the variation of law between cultures?

A
  • religions such as christianity, islam and judaism have traditionally condemned it.
  • countries where religion has a strong influence over law-making are more likely to have laws against it.
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25
Q

What are the reasons of public opinion for homosexuality which may cause the variation of law between cultures?

A
  • polls by the PEW research centre show higher levels of support for it to be banned in some countries
    ↳ where most are where religion has a strong influence.
  • 95% in egypt believe homosexuality should be rejected.
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26
Q

Where is the possession of cannabis legal?

A
  • some places for personal recreational or medical use.
  • canada and uruguay have legalised its sale.
  • some countries such as portugal have decriminalised possession for personal use.
    ↳ offender receives a warning rather than severe penalty.
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27
Q

Where is the possession of cannabis illegal?

A
  • uk where it can be punished with up to 5 years imprisonment and 14 years for supplying.
  • typically lighter sentences for possession and may often be a fine or a discharge.
  • similar laws in other european countries.
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28
Q

Why may the laws vary between cultures on possession of cannabis?

A
  • different norms and values.
  • different ideas about how best to control drug use.
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29
Q

What are the reasons of different norms and values for possession of cannabis which may cause the variation of law between cultures?

A
  • some societies may have a greater emphasis on individual freedom.
  • may see drug use as victimless.
  • individual’s right to do as they wish with their body.
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30
Q

What are the reasons of different ideas about how best to control drug use for possession of cannabis which may cause the variation of law between cultures?

A
  • lawmakers may think the best way to prevent drugs causing harm is by taking a tough stance to deter their use.
    ↳ favour severe criminal penalties for even possession of cannabis as they see it as a gateway to addiction to hard drugs such as heroin.
  • some see legalisation or decriminalisation may take cannabis out of the hands of criminal suppliers reducing harm.
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31
Q

What is meant by honour crime?

A

Crime where the accused has brought shame on their family which include killings for conduct such as refusing to enter an arranged marriage or being in a relationship that displeases the family.

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32
Q

Where is honour crime legal?

A
  • most illegal.
  • most take place within south asian and middle eastern families.
  • honour killings are legal or minimally punished in jordan.
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33
Q

Where is honour crime illegal?

A

Uk, europe, usa, pakistan and many other countries.

34
Q

Why may the laws vary between cultures on honour crime?

A
  • custom.
  • religion.
35
Q

What is the custom reason honour crime may cause the variation of law between cultures?

A

Thought to have originated from tribal customs where an allegation against a woman can damage a family’s reputation.

36
Q

What is the religion reason honour crime may cause the variation of law between cultures?

A

No religions condone or forgive honour crimes but some offenders have tried justifying their actions on religious grounds.

37
Q

What are the examples of laws that have changed over time?

A
  • double jeopardy.
  • capital punishment.
  • homosexuality.
  • drug laws.
  • gun laws.
  • prostitution.
  • vagrancy.
  • laws relating to children.
38
Q

What are the names of some laws that have caused change?

A
  • marriage (same-sex couples) act 2013.
  • retaliatory eviction and the deregulation act 2015.
  • the equality act 2010.
  • the data protection act 2018.
39
Q

How has double jeopardy laws changed over time?

A
  • result of ann ming’s campaign which prevented a person being tried again for the same offence was abolished for serious offences.
  • provision in the criminal justice act 2003 came into force
    ↳ stated that where there was ‘new and compelling evidence’ pointing to the guilt of a former defendant, the court of appeal may quad an acquittal and order a retrial.
40
Q

What are the reasons for double jeopardy laws to change?

A
  • law at the time was inadequate to bring justice.
  • technologies and medical knowledge has become more advanced allowing certainty with evidence.
    ↳ e.g. the successful prosecution of Gary Dobson and David Norris for the murder of Stephen Lawrence.
41
Q

How has physical punishment laws changed over time?

A
  • used to be common.
  • the number of offences carrying the death penalty has reduced until it remained only for murder and treason.
  • capital punishment was abolished in britain in 1965.
  • corporal punishment has gradually disappeared.
    ↳ flogging in army was abolished in 1881 and fully abolished all in 1967.
  • laws were made by the rich to protect themselves and their property.
  • laws often focused on the poor who were viewed as lazy and agents of their own misfortune.
42
Q

What are the reasons for physical punishment laws to change?

A
  • regarded as the breach of the most basic human right which is the right to life.
  • miscarriage of justice cannot be corrected.
  • does not act as a deterrent.
  • most murders are committed in the heat of the moment without thought to the possible punishment.
43
Q

What are the reasons for homosexuality laws to change?

A
  • the wolfenden report.
  • campaigns.
  • politicians.
  • human rights.
43
Q

How has homosexuality laws changed over time?

A
  • all homoseual acts between men were made a crime in 1885 with a max sentence of life imprisonment in the uk.
  • acts between males aged 21 or over were legalised in england and wales in 1967, 1980 in scotland and 1982 in northern ireland.
  • lesbian acts were never illegal.
  • age of consent was reduced to 18 in 1994
    ↳ equalised to 16 in 2000.
44
Q

What are the reasons for homosexuality laws to change due to the wolfenden report?

A
  • after second world war there was an increase in prosecutions.
  • government set up a committee under sir john wolfenden to consider reform of the law.
  • report published in 1957 recommending the legalisation of consenting acts between adults over 21.
45
Q

What are the reasons for homosexuality laws to change due to campaigns?

A
  • homosexual law reform society made up of leading public figures successful campaigns for change legalising gay sex in 1967.
  • stonewall and campaign for homosexual equality led to equalising the age of consent to 16.
46
Q

What are the reasons for homosexuality laws to change due to politicians?

A
  • roy jenkins supported the change and introduced the necessary legislation in 1967.
  • others have introduced the 2010 equality act.
47
Q

What are the reasons for homosexuality laws to change due to human rights?

A
  • main reason for change in india was that the state had no right to control citizens’ private lives.
  • concern with equal rights in the uk bought change.
48
Q

What are the two types of physical punishment?

A
  • capital punishment.
  • corporal punishment.
49
Q

What is meant by capital punishment?

A

Execution by hanging which was not only for murder but less serious crimes such as theft and poaching.

50
Q

What is meant by corporal punishment?

A

Includes flogging, birching (caning), branding with hot irons and being put in the stocks.

51
Q

What are some examples of physical punishment?

A
  • hanging.
  • lethal injection.
  • electrocution.
  • gas chambers.
  • firing squad.
52
Q

How has drugs laws changed over time in relation to portugal?

A
  • decriminalised in portugal.
  • after revolution in 1975, portugal became a democracy and the increased openness of the country led to a large influx of drugs.
  • had highest rates of heroin addiction and HIV due to sharing needles.
  • from 2001, it became a civil offence rather than crime if quantity involved was a supply of less than ten days.
53
Q

How has drugs laws changed over time in relation to public health?

A
  • drug use should be regarded as a public health issue aimed at harm reduction rather than an issue for the criminal justice system.
  • referred to health and other support services rather than being prosecuted.
54
Q

How has gun control laws changed over time?

A
  • due to two mass shootings
    ↳ an unemployed antique dealer named michael ryan shot and killed 16 people in berkshire in 1987.
    ➝ an unemployed former scout leader named thomas hamilton shot dead a teacher and 16 children at dunblane primary school in 1996.
  • most weapons were legally held.
  • law tightened in 1997.
  • ban of all handguns by government john mayor.
  • now illegal to own a handgun in britain.
55
Q

What are the reasons for drugs laws to change?

A
  • sudden and rapid growth in scale of drug addiction in portugal.
  • reduce costs resulting from drug use
    ↳ saving 18%.
56
Q

What are the reasons for gun control laws to change?

A
  • gun control network
    ↳ set up by lawyers, academics and parents of victims to campaign for tighter gun control laws.
  • snowdrop campaign
    ↳ started by bereaved dunblane parents and their friends where a petition was organised and collected 750,000 signatures calling for a change in the law.
57
Q

How has prostitution laws changed over time?

A
  • prostitution is legal but the connected activities tend to be illegal.
    ↳ soliciting in a public place, kerb crawling or owning a brothel.
  • was thought to be immoral.
  • provides an income for women at times where there are few other options job wise.
58
Q

What are the reasons for prostitution laws to change?

A
  • calls for decriminalisation now.
  • concern is the safety of women and those vulnerable who have been forced to do it against their will.
  • change in view due to decline in believing in religion and increased moral tolerance.
59
Q

How has vagrancy laws changed over time?

A
  • illegal under the vagrancy act 1824.
  • law was passed in order to clear the street of beggars and rogues and prevent further crime from being committed.
  • act fell into disuse as society accepted there were legitimate reasons for homelessness.
60
Q

What are the reasons for vagrancy laws to change?

A
  • increase in number of prosecutions due to people begging in streets and representing themselves as homeless when they are not in the last couple of years.
    ↳ such circumstances allowed them to make money.
  • views have changed since 19th century and no longer looked with disapproval.
  • sympathy and concern for vagrants.
  • acceptance that there is many genuine reasons for homelessness that is not connected to laziness or idleness.
61
Q

How has children laws changed over time?

A
  • childhood is an example of social construction.
  • see children as fundamentally different from adults
    ↳ vulnerable, innocent and in need of protection and nurturing.
  • children are kept separate from adult world and its dangers.
  • historian Philippe Aries argues until 13th century the idea of childhood did not exist.
    ↳ children were put to work from an early age being mini adults with the same rights and duties as everyone else.
    ➝ would receive same severe punishments.
  • parents invest in their children both emotionally and financially.
  • state takes interest in their wellbeing.
62
Q

What are the reasons for children laws to change?

A
  • exclusion from paid work
    ↳ children at young age of 6 were widely used in cotton mills, coal mines and other industries in 19th century.
    ➝ factory acts gradually excluded children from the workplace.
  • compulsory schooling
    ↳ ensured basic education for all keeping children out of paid work from 1880.
  • child protection and legislation
    ↳ 2004 children act made the child’s welfare the fundamental principle underpinning the work of agencies such as social services.
63
Q

What is meant by “jaywalking”?

A

Where pedestrians cross without regards to traffic regulations such as crossing without a green light.

64
Q

Where is jaywalking illegal?

A

In most urban areas in the USA, Canada Singapore and Poland.

65
Q

Where is jaywalking legal?

A

In the UK where it is considered a personal responsibility to cross the road safely.

66
Q

What is meant by “female genital mutilation”

A

The deliberate mutilation of female genitalia for non-medical reasons.
[done with no medical training or anesthetic]

67
Q

Who is FGM carried out on?

A

Usually on girls under the age of 15 prior to them entering sexual activity.

68
Q

Where is FGM legal?

A
  • in many parts of Africa, Middle East and Asia.
  • connected to cultural, religious and social reasons.
  • believed it will benefit the girl and preserve her virginity ready for marriage.
69
Q

Where is FGM illegal?

A
  • UK
    ↳ painful nature of operation and health implications and problems relating to sex and mental illness after having it done are understood.
70
Q

What are the reasons for the differentiation in enforcement of law?

A
  • typification.
  • moral panic.
71
Q

How does typification cause the differentiation in enforcement of law?

A
  • Chambliss studies two groups of youths (the middle class ‘saints’ and working class ‘roughnecks’
    ↳ police enforced the law more strictly against roughnecks even though both groups committed offences.
  • police are more likely to regard working-class with suspicions, resulting in more arrests than middle-class.
72
Q

How does moral panics cause the differentiation in enforcement of law?

A
  • those convicted if relatively minor offences committed during the London riots of 2011 such as theft were more likely to receive custodial sentences than similar cases committed under ‘normal’ conditions.
  • courts imposed more severe sentences on youths convicted of offences during moral panic over mods and rockers in 1960s.
  • stiffer sentences were handed down to teach young people as lessons and deter others.
73
Q

What is the age of criminal responsibility in England, Wales and Northern Ireland?

A

10.

74
Q

What is the age of criminal responsibility in Scotland and Canada?

A

12.

75
Q

What is the age of criminal responsibility in Bangladesh?

A

9.

76
Q

What is the age of criminal responsibility in China?

A

Under 16.

77
Q

What are the three defences contained in the Homicide Act 1957?

A
  • diminished responsibility.
  • loss of control.
  • automatism.
78
Q

What is meant by “diminished responsibility”?

A

If a defendant can show that their mental condition substantially reduced their ability to understand what they were doing or form a rational judgement reducing the conviction to manslaughter.

79
Q

What is meant by “loss of control”?

A

A partial defence hat may reduce the offence to manslaughter.

80
Q

What is meant by “automatism”?

A

If defendant can show that it was involuntary they can plead the defense of automatism.

criminology. (4 decks)

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