AC 1.2 Explain the social construction of criminality Flashcards
define social construction of criminality
Crime is not fixed or permanent and can change depending on society’s view at the time. What is classed as criminal can change according to place, time, culture and circumstances
how laws change from culture to culture, examples
polygamy
adultery
homosexuality
cannabis
how laws change from culture to culture, polygamy
Polygamy is having more than one wife or husband at the same time. It is legal in 58 countries, most are Muslim majority countries such as Singapore. It is a crime in most countries such as Turkey and Tunisia.
Reasons for this are religion and tradition. Religion: the Qur’an permits Muslim men to take up to 4 wives. This is reflected in most Muslim-majority countries laws. In USA, Mormon church practiced polygamy until 1890. Tradition: polygamy has traditionally been practiced in some African societies though it has decline sharply in recent decades
how laws change from culture to culture, adultery
Adultery involves a sexual act between 2 people where one or both are married to another person. It is legal in most countries including the UK and in India it ceased to be a crime in 2018. It is a crime in many Muslim-majority countries and Christian-majority countries such as Philippines.
Reasons for this are religion and position of women. Religion: most religious countries condemn adultery. Not committing adultery is one of the ten commandments shared by Christianity, Islam and Judaism. Position of women: laws against adultery often found in societies where woman occupy a very subordinate position
how laws change from culture to culture, homosexuality
Homosexuality is sexual acts between members of the same sex. It is legal in UK, Europe, North and South America and Indonesia (the world’s largest Muslim state by population). It is a crime in 72 countries for males and 45 countries for females. In 6 countries conviction can result in death penalty for example in Iran.
Reasons for this are religion, sexism and public opinion. Religion: many religions traditionally have condemned homosexuality. Countries where religion has a strong influence over law making are more likely to make it criminal. Sexism: male homosexuality may be illegal in more countries due to the sexist belief by lawmakers that women were incapable of same-sex attraction. Public opinion: polls show that there’s a higher level of support for bans of homosexuality in some countries. In Egypt, 95% believed homosexuality should be rejected
how laws change from culture to culture, cannabis
in general, the possession of cannabis for personal use is treated more leniently than growing cannabis. It is legal in Canada and Uruguay. It is a crime in UK and possession can be punished up to 5 years and supply up to 14 years.
Reasons for this are: different norms and values and different ideas about how to control drug use best. Different norms and values: societies with greater emphasis on individual freedoms may see drug use as victimless or an individual’s right to do what they wish with their body. Different ideas about how to control drug use best: lawmakers in some societies think the best way to prevent drugs causing harm is by taking tougher stance to deter their use. By contrast, lawmakers in other societies see legalisation as a way to take cannabis out of the hands of criminal suppliers and to reduce harm by enabling users to access help for their problems.
how laws change over time, examples
drug laws
gun laws
laws relating to children
laws relating to physical punishment
homosexuality
how laws change over time, drug laws
In Portugal from 2001 possession of drugs changed from criminal to civil offence. This was after revolution in 1975 where there was a large influx of drugs. The change meant that drug use was regarded as a health issue rather than criminal justice issue. From this, drug use has fallen sharply and death from drugs is the lowest in Europe. This changed because of the sudden and rapid growth in drug scale after 1975. In 1990’s 1 in every 100 of the population was addicted to heroin. This led for drastic action to tackle the problem
how laws change over time, gun laws
in UK, gun laws changed following 2 mass shootings. In 1987, Michael Ryan shot and killed 16 people. In 1996, Thomas Hamilton shot dead 16 children and 1 teacher. Most of the weapons used were legally held. It is now illegal to own a handgun. Main reason for change was public outcry, there were two important campaigns. The snowdrop campaign: petition by Dunblane parents and it gained 750,000 signatures calling for a change in law. The gun control network: set up by parents of victims and academics to campaign for tighter gun control laws.
how laws change over time, laws relating to children
until 13th century the idea of childhood didn’t exist. Children were put to work and had same rights and duties as everyone else. Laws often made no distinction between children and adults so they both faced the same punishments. Overtime, idea of childhood as separate life stage developed in society. The changes made reflect society’s view of childhood. There are now laws excluding children from paid work, compulsory schooling, child protection and welfare legislation, children’s rights and laws and policies that only apply to children (minimum age for activities I.e. sex and smoking).
how laws change over time, laws relating to physical punishment
in the past, physical punishment for criminal behaviour was common. For example, capital punishment (executed by hanging) and corporal punishment (caning). Capital punishment was abolished in Britain in 1965. The laws changed because capital punishment was seen as a breach of the most basic human right- the right to life. Nothing can be done to correct a miscarriage of justice where the person executed is later proven innocent. The death penalty also doesn’t appear to act as a deterrent as most murders are committed in heat of the moment without thought of possible punishment.
how laws change over time, homosexuality
in UK all homosexual acts between men was made a crime in 1885 with a max sentence of life. In 1967, homosexual acts between males over 21 was legalised in England and Wales. Lesbian acts have never been illegal. This changed because of the Wolfenden Report: after ww2 there was an increase in prosecution of gay men and by 1954 over 1000 were in prison. The government set up a committee under Sir John Wolfenden to consider reform of the law.
what does the rule of law state and when is this different
Rule of law states that everyone is subject to the law and that it should be applied equally to all. There are a few instances when laws are applied differently. For example, differential law enforcement, age of criminal responsibility, homicide act 1957
How laws are applied differently according to circumstances in which actions occur, differential law enforcement
Moral panics – an instance of public anxiety in response to an over exaggeration made by the media. Those convicted of minor offences committed during 2011 London Riots were more likely to receive custodial sentences than similar cases committed under ‘normal’ circumstances.
Typification’s – Chambliss studies working class ‘roughnecks’ and middle class ‘saints’. He found that while both groups committed offences, the police enforced the law more strictly against the roughnecks. Pilliavin and Briar found that situational factors play a large part in police officers decisions to stop and arrest a person. These include an individual’s class, ethnicity, age, attitude towards officer, place, time of day or night
How laws are applied differently according to circumstances in which actions occur, age of criminal responsibility
Two people may commit same act but be treated differently by the law if one of them is below the age of criminal responsibility. The logic behind this is that children below a certain age aren’t fully able to understand the meaning of the act they committed so can’t be held responsible in the same way. Age of criminal responsibility varies from place to place. In Scotland it is 12, in England, Wales and Northern Ireland it is 10. In England and Wales youth courts are special magistrates courts that hear cases involving 10-17 year olds. Youth courts are less formal; defendant’s called by first name, members of public aren’t allowed in, and court can’t send anyone to prison but can impose sentences including detention and training orders.
