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
What cultures are honour-based crimes legal in?
South Asia and Middle Eastern countries
What cultures are honour-based crimes illegal in?
Europe, USA, Pakistan
Why does the law for honour-based crime vary between cultures?
Religious beliefs and rituals also the position of women
What is homosexuality?
Involving sexual relations between two people of the same sex
Is homosexuality legal in the English law?
Yes, it was decriminalised in 1967 as the ages of consent changed from 21, 18 to 16 over the years. Also, gay marriage was legalised in 2014.
What cultures is homosexuality legal in?
Canada, Europe, some parts of the USA
What cultures is homosexuality illegal in?
Qatar, Iran, Saudia Arabia
Why does the law for homosexuality vary between cultures?
Religon & taboo
How do laws change from place to place?
- includes countries and regions in the countries
- The UK has 4 nations (England & Wales, Scotland & Northern Ireland - different legal systems)
- 43 home office police areas in England & Wales
- priorities differ tho
How is possession of Cannabis an example of how laws change from place to place?
- Ron Hogg (county Durham) doesn’t prioritise weed smokers and small-scale growers
- 4/20 every year people go smoke in Hyde Park and the police are their for protection
How is jaywalking an example of how laws change from place to place?
- Pedestrians walking across the road without a crossing
- In China, there are informal punishments
- illegal in Zimbabwe , Hong Kong , South Korea
How is FGM an example of how laws change from place to place?
- illegal in Egypt & UK
- legal in Sudan, Yemen, Mali
How is abortion an example of how laws change from place to place?
- legal in Spain
- illegal in Malla, Philippines and Brazil (except for health risks & rape)
Criminal laws can be applied differently depending on the circumstances in which acts occur
- everyone is subject to the rule of law
- law may be applied differently depending on the characteristics of the offender or circumstances
What characteristics/circumstances should be considered when applying a law?
- age of offender
- mental capacity of the offender
- sanity, diminished responsibility, automatism
diminished responsibility = mental illnesses such as schizophrenia, bipolar etc.
diminished responsibility
