AC 1.2 - Explain the Social Construction of Criminality Flashcards

1
Q

What is social constriction?

A

The social response to a behaviour or the persons who engage in it which influences whether the behaviour is considered criminal or not.

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2
Q

What are cultural variations in terms of criminality?

A

The different norms and values that vary between culture to culture mean that there are differences in what behaviours are perceived as legal and illegal, moral and immoral.

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3
Q

What are some examples of cultural differences in laws?

A
  • Bigamy and polygamy
  • Forced marriage
  • Child marriage
  • Animal abuse
  • Purchasing alcohol
  • Cannabis possession
  • Female genital mutilation
  • Assisted suicide (euthanasia)
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4
Q

Compare laws on bigamy and polygamy in the UK and other cultures.

A

UK: Illegal
USA: Illegal (except Utah)
Islamic states: Legal (traditional states)

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5
Q

Compare laws on forced marriage in the UK and other cultures.

A

UK: Illegal
Afghanistan: Still practiced

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6
Q

Compare laws on child marriage in the UK and other cultures.

A

UK: Illegal
Sudan: Still practiced

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7
Q

Compare laws on animal abuse in the UK and other cultures.

A

UK: Illegal

China, African countries, Middle East: Still practiced

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8
Q

Compare laws on alcohol in the UK and other cultures.

A

UK: 18+
USA: 21+
Saudi Arabia: Illegal

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9
Q

Compare laws on cannabis possession in the UK and other cultures.

A

UK: Illegal
USA: Illegal (legal in some states)
Canada: Legal

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10
Q

Compare laws on euthanasia in the UK and other cultures.

A

UK: Illegal
Switzerland: Legal

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11
Q

How does cultural differences in human equality rights affect how laws can differ?

A

Some behaviours may be considered legal in one culture but not another.
Example: Afghanistan - 400 women and girls were imprisoned for ‘moral crimes’ (fleeing violent relationships or avoiding forced marriages). Whereas, forced marriage and domestic abuse is illegal in the UK.

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12
Q

What are the three reasons that laws change overtime?

A
  • Historical context
  • Changing community awareness
  • Society’s expectations
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13
Q

What does historical context refer to?

A

It influences the changes in law over time from place to place. This is because changing community values, technology, and the economy evolve, therefore the law must evolve with them.
The law must uphold and reflect the values and beliefs of society in present time.

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14
Q

What is an example of a law that has been amended or introduced due to historical context?

A

Homosexuality: illegal in the UK until 1967 - law was changed because the views on homosexuality changed within communities.

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15
Q

What does ‘changing community awareness’ refer to?

A

Communities become more informed and aware of relevant issues due to communications like social media. They then put pressure on law makers to amend or introduce laws in areas that we believe need to change

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16
Q

What is an example of a law that was amended or introduced due to changing community awareness?

A

Brodie’s Law - In Australia, a teenager ended her life due to bullying at a cafe where she worked. Law was introduced in 2011 that makes it a crime to bully others within the workplace (punishable by up to 10 years).

17
Q

What does a change in society’s expectations refer to?

A

This is where laws change towards society’s expectations of the legal system.
Laws initially were expected to regulate behaviour, whereas now they are expected to uphold individual rights as well as protect people from harm.

18
Q

What are examples of laws that have been amended or introduced due to a change in society’s expectations?

A
  • Online defamation
  • Duty of care
  • Negligence
19
Q

How has capital punishment changed over time?

A
  • Breach of human rights (right to life)
  • Miscarriage of justice - nothing can be done if later proven innocent
  • Did not act as a deterant
  • Society has moved away from violent forms of punishment.
20
Q

Why are laws different according to place, time and culture?

A

They are different to meet the needs and protection of the society, and accommodate the norms and values of the specific society, culture, time, and place.

21
Q

What are examples of laws that differ due to time?

A
  • Homosexuality
  • Abortion
  • Capital punishment
  • Public smoking
22
Q

What are examples of laws that differ due to place?

A
  • Congestion charge in London
  • Speed restrictions on roads
  • Respecting rules of a religious place
23
Q

What are examples of laws that differ due to culture?

A
  • Alcohol consumption (Saudi Arabia)
  • Forced marriage
  • Honour killings
24
Q

What is diminished responsibility?

A

This is when an individual kills another due to their abnormality of mental functioning which means a sate of mind which is so different from that of an ordinary human beings that the reasonable person would term it abnormal.

25
Q

What is ‘loss of control’?

A

This is when an individual kills another due to losing their control which is triggered by an act/behaviour (it does not have to be an immediate loss of control as it can be gradual).

26
Q

How are laws applied differently to different individual cases according to their circumstances?

A

This happens when society is aware that the individual has committed a criminal offence, however morally, the public understand why the individual acted that way in the circumstances.
This suggests that the social construction of criminality can shape the way the criminal is judged depending on their criminal actions at the time.
The morals and values of society can mean that laws are applied differently.

27
Q

What are some examples of how laws may be applied differently depending on their circumstances?

A
  • If someone commits theft to provide food for their family, the crime may be considered differently to someone who commits theft for personal gain.
  • If you commit battery because you are a battered spouse (victim of domestic abuse), it may be considered differently to a case of battery that has occurred on a night out.