AC 1.2 - Explain the Social Construction of Criminality Flashcards
What is social constriction?
The social response to a behaviour or the persons who engage in it which influences whether the behaviour is considered criminal or not.
What are cultural variations in terms of criminality?
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.
What are some examples of cultural differences in laws?
- Bigamy and polygamy
- Forced marriage
- Child marriage
- Animal abuse
- Purchasing alcohol
- Cannabis possession
- Female genital mutilation
- Assisted suicide (euthanasia)
Compare laws on bigamy and polygamy in the UK and other cultures.
UK: Illegal
USA: Illegal (except Utah)
Islamic states: Legal (traditional states)
Compare laws on forced marriage in the UK and other cultures.
UK: Illegal
Afghanistan: Still practiced
Compare laws on child marriage in the UK and other cultures.
UK: Illegal
Sudan: Still practiced
Compare laws on animal abuse in the UK and other cultures.
UK: Illegal
China, African countries, Middle East: Still practiced
Compare laws on alcohol in the UK and other cultures.
UK: 18+
USA: 21+
Saudi Arabia: Illegal
Compare laws on cannabis possession in the UK and other cultures.
UK: Illegal
USA: Illegal (legal in some states)
Canada: Legal
Compare laws on euthanasia in the UK and other cultures.
UK: Illegal
Switzerland: Legal
How does cultural differences in human equality rights affect how laws can differ?
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.
What are the three reasons that laws change overtime?
- Historical context
- Changing community awareness
- Society’s expectations
What does historical context refer to?
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.
What is an example of a law that has been amended or introduced due to historical context?
Homosexuality: illegal in the UK until 1967 - law was changed because the views on homosexuality changed within communities.
What does ‘changing community awareness’ refer to?
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