AC 1.2 Explain the social implications of criminality Flashcards
How did the law on capital punishment change over time?
Capital punishment is the practice of executing someone as a punishment for a specific crime. In the 18th century there were over 200 offences for which the death penalty could be given. Such crimes involved picking pockets and shooting rabbits. Eventually, capital punishment remained purely for very serious crimes such as murder and treason.
How did the law against double jeopardy change over time?
The law regarding double jeopardy has changed over time. Ann Ming’s campaign, the law that prevented a person being tried again for the same offence was abolished for serious offences. A provision in the Criminal Justice Act 2003 came into force, which stated that where there is ‘new and compelling evidence’ pointing to the guilt of a former defendant, the Court of Appeal may quash an acquittal and order a retrial. This change was necessary as the law at the time was inadequate to bring justice.
How did the law change regarding prostitution over time?
Prostitution itself is legal but many of the connected activities are illegal. This includes soliciting in a public place, kerb crawling or owning a brothel. Many woman became prostitutes because it provided a source of income at a time when they had few other options for jobs. However, society’s view slowly changed. There are now calls for it to be decriminalised with appropriate regulation. Society changed its view of prostitution due to a decline in people believing in religion and an increased moral tolerance. In addition, the status of woman changed and with increased equality more occupations and training became available.
How did the law change regarding vagrancy?
Vagrancy relates to having no visible means of support and travelling from place to place. Often termed as sleeping rough or begging which is illegal under the vagrancy act 1824. The act fell into disuse as society accepted there were legitimate reasons for homelessness. Views surrounding vagrancy have changed since the 19th century and no longer is it looked upon with disapproval. Now there is sympathy and concern for the vagrants.
How does the law in the possession of cannabis change in different places?
Possession of cannabis is an offence and is illegal in England and Wales, but there has been calls to decriminalise it and allow its use, particularly for medical use. However, in some countries such as Columbia and Uruguay it is legal. Within Wales and England the law is enforced differently. For instance, Durham Constabulary does not prioritise people who grow cannabis plants for personal use, whereas police in Cumbria do prosecute.
How does the law of jaywalking change in different places?
Jaywalking is an offence in most urban areas in the USA, Canada, Singapore and Poland. However, in the UK there is no such offence as it is considered a personal responsibility to cross the road safely.
How did the law of female genital mutilation change in different places?
Female genital mutation is the deliberate mutation of female genitalia for non-medical reasons. It is usually carried out on girls under the age of 15, prior to them entering into sexual activities and it is illegal in the UK. It is carried out in many parts of Africa, the middle East and Asia, and is connected to cultural, religious and social reasons. It is believed that it will benefit the girl and preserve her for marriage. The law surrounding FGM is different in different places due to the views and understanding of it.
How laws are applied differently according to circumstances in which actions occur
The rule of law states that everyone is subject to the law and that it should be applied equally to all. A few instances where laws are applied differently is age;
-The age of criminal responsibility in the UK is 10. This
means any child under the age of 10 cannot be arrested
-In Canada the age of criminal responsibility is 12
-In Bangladesh it is 9
-In China it is 16
There are occasions when, despite murder taking place with the appropriate actus reus and mens rea, the law allows an alternative charge of manslaughter to be made. This is where the offender is said to have diminished responsibility and acted under loss of control.
