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.
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.
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]
4
Q
Why may the social construction of crime change?
A
- changing values about behaviours.
- influence of religious beliefs.
- influence of media representations.
5
Q
What is meant by polygamy?
A
The practice of having more than one wife or husband at the same time.
6
Q
What are the two forms of polygamy?
A
- polygyny.
- polyandry.
7
Q
What is meant by polygyny?
A
Where a man may take two or more wives.
8
Q
What is meant by polyandry?
A
Where a woman may take two or more husbands.
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.
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.
11
Q
Why may the laws vary between cultures on polygamy?
A
- religion.
- tradition.
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.
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.
14
Q
What is meant by adultery?
A
A sexual act between two people where one or both are married to another person.
15
Q
Where is adultery legal?
A
- in most countries including the uk.
- seen as socially unacceptable.
16
Q
Where is adultery illegal?
A
- muslim-majority countries.
- punishment varies from stoning to death, to being put in prison, to a fine.
17
Q
Why may the laws vary between cultures on adultery?
A
- religion.
- position of women.
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.
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.
20
Q
What is meant by homosexuality?
A
Sexual acts between members of the same sex.
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.
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.
23
Q
Why may the laws vary between cultures on homosexuality?
A
- religion.
- public opinion.
- sexism.
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.
25
What are the reasons of public opinion for **homosexuality** which may cause the variation of law between cultures?
- 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.
26
Where is the **possession of cannabis** legal?
- 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.
27
Where is the **possession of cannabis** illegal?
- 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.
28
Why may the laws vary between cultures on **possession of cannabis**?
- different norms and values.
- different ideas about how best to control drug use.
29
What are the reasons of different norms and values for **possession of cannabis** which may cause the variation of law between cultures?
- 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.
30
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?
- 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.
31
What is meant by **honour crime**?
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.
32
Where is **honour crime** legal?
- most illegal.
- most take place within south asian and middle eastern families.
- honour killings are legal or minimally punished in jordan.
33
Where is **honour crime** illegal?
Uk, europe, usa, pakistan and many other countries.
34
Why may the laws vary between cultures on **honour crime**?
- custom.
- religion.
35
What is the custom reason **honour crime** may cause the variation of law between cultures?
Thought to have originated from tribal customs where an allegation against a woman can damage a family's reputation.
36
What is the religion reason **honour crime** may cause the variation of law between cultures?
No religions condone or forgive honour crimes but some offenders have tried justifying their actions on religious grounds.
37
What are the examples of laws that have changed over time?
- double jeopardy.
- capital punishment.
- homosexuality.
- drug laws.
- gun laws.
- prostitution.
- vagrancy.
- laws relating to children.
38
What are the names of some laws that have caused change?
- marriage (same-sex couples) act 2013.
- retaliatory eviction and the deregulation act 2015.
- the equality act 2010.
- the data protection act 2018.
39
How has **double jeopardy** laws changed over time?
- 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
What are the reasons for **double jeopardy** laws to change?
- 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
How has **physical punishment** laws changed over time?
- 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
What are the reasons for **physical punishment** laws to change?
- 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
What are the reasons for **homosexuality** laws to change?
- the wolfenden report.
- campaigns.
- politicians.
- human rights.
43
How has **homosexuality** laws changed over time?
- 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
What are the reasons for **homosexuality** laws to change due to *the wolfenden report*?
- 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
What are the reasons for **homosexuality** laws to change due to *campaigns*?
- 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
What are the reasons for **homosexuality** laws to change due to *politicians*?
- roy jenkins supported the change and introduced the necessary legislation in 1967.
- others have introduced the 2010 equality act.
47
What are the reasons for **homosexuality** laws to change due to *human rights*?
- 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
What are the two types of **physical punishment**?
- capital punishment.
- corporal punishment.
49
What is meant by **capital punishment**?
Execution by hanging which was not only for murder but less serious crimes such as theft and poaching.
50
What is meant by **corporal punishment**?
Includes flogging, birching (caning), branding with hot irons and being put in the stocks.
51
What are some examples of **physical punishment**?
- hanging.
- lethal injection.
- electrocution.
- gas chambers.
- firing squad.
52
How has **drugs** laws changed over time in relation to *portugal*?
- 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
How has **drugs** laws changed over time in relation to *public health*?
- 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
How has **gun control** laws changed over time?
- 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
What are the reasons for **drugs** laws to change?
- sudden and rapid growth in scale of drug addiction in portugal.
- reduce costs resulting from drug use
↳ saving 18%.
56
What are the reasons for **gun control** laws to change?
- 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
How has **prostitution** laws changed over time?
- 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
What are the reasons for **prostitution** laws to change?
- 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
How has **vagrancy** laws changed over time?
- 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
What are the reasons for **vagrancy** laws to change?
- 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
How has **children** laws changed over time?
- 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
What are the reasons for **children** laws to change?
- 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
What is meant by "**jaywalking**"?
Where pedestrians cross without regards to traffic regulations such as crossing without a green light.
64
Where is **jaywalking** illegal?
In most urban areas in the USA, Canada Singapore and Poland.
65
Where is **jaywalking** legal?
In the UK where it is considered a personal responsibility to cross the road safely.
66
What is meant by "**female genital mutilation**"
The deliberate mutilation of female genitalia for non-medical reasons.
[done with no medical training or anesthetic]
67
Who is **FGM** carried out on?
Usually on girls under the age of 15 prior to them entering sexual activity.
68
Where is **FGM** legal?
- 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
Where is **FGM** illegal?
- UK
↳ painful nature of operation and health implications and problems relating to sex and mental illness after having it done are understood.
70
What are the reasons for the differentiation in enforcement of law?
- typification.
- moral panic.
71
How does **typification** cause the differentiation in enforcement of law?
- 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
How does **moral panics** cause the differentiation in enforcement of law?
- 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
What is the age of criminal responsibility in **England, Wales and Northern Ireland**?
10.
74
What is the age of criminal responsibility in **Scotland and Canada**?
12.
75
What is the age of criminal responsibility in **Bangladesh**?
9.
76
What is the age of criminal responsibility in **China**?
Under 16.
77
What are the three defences contained in the Homicide Act 1957?
- diminished responsibility.
- loss of control.
- automatism.
78
What is meant by "**diminished responsibility**"?
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
What is meant by "**loss of control**"?
A partial defence hat may reduce the offence to manslaughter.
80
What is meant by "**automatism**"?
If defendant can show that it was involuntary they can plead the defense of automatism.
