A.C 1.2 - explain the social construction of crime Flashcards
Kroober & Kluckholm (1963) theories?
That no society accepts :
- indiscriminate lying - suggests all society values honesty
- theft - suggests all society values the rights of property
- violence - suggests all society values peaceful coexistence
- incest - suggests all societies restrict sexual intercourse to non-familial adults
Howard Becker’s labelling theory (1963)
- every society makes rules which govern deviant behaviour and applies them in different ways
- The same behaviour can be deviant in one context but non-deviant in another
What does Howard Becker’s labelling theory (1963) suggest?
“Deviance is not a quality of the act… but rather a consequence of the application by others of rules and sanctions to an offender”
How do laws change over time?
- criminal offences created by lawmakers (witchcraft)
- new offences are created
- controlling/coercive behaviour (Serious Crime Act 2015)
- possession & supply of legal highs (Psychoactive Substances Act 2016
) - formal sanctions change (no capital punishment)
- an act may be legal but new offences are created to control behaviour connected
- prostitution = soliciting for purposes of prostitution (Sexual Offences Act 1959) - laws can change to keep up with medical or forensic
- Ann Mings campaign for double jeopardy (Criminal Justice Act 2005)
- prohibiting the use of drones to fly drugs into prisons - laws don’t change but social attitudes towards acts do (Vagrancy Act 1824)
Who was Derek Bentley and why was he influential in the removal of the death penalty?
He was hanged for the murder of a policeman in 1953. This is due to his friend being accused of murder which led him to be convicted as a party which he was found guilty of and was sentenced to be hanged. However, he had health problems (seizures ) and a mental age of 11.
This led to a 40-year campaign to win a posthumous pardon
Who was Ruth Ellis and why was he influential in the removal of the death penalty?
She was hanged for killing her abusive boyfriend with a gun. People argued she had no choice as she had children and a lover.
The last woman to be hanged was in 1955.
Who was Timothy Evans and why was he influential in the removal of the death penalty?
Wrongfully accused of killing his wife and daughter however it was his neighbour and serial killer John Cristie who did it.
What is culture?
ideas, customs and social behaviour of a particular person or society
What is adultery?
Voluntary sexual intercourse between a married person and a person who is not their spouse
Is adultery legal in the english law?
yes, it is considered a personal matter. However, it used to be illegal under the Adultery Act 1650 which was punishable by death
What cultures are adultery legal in?
South Korea , Romania, Italy
What cultures are adultery illegal in?
Iran, Saudi Arabia, Afghanistan
Why does the law for adultery vary between cultures?
Religious reasons due to honour and respect for partners and the position of women
What is honour-based crime?
Crimes where the accused has brought shame on the family resulting in the death or torture of that person.
Is honour-based crime legal in English law?
Illegal if individuals are killed or violence takes place
