AC 1.2- social construction of criminality Flashcards
what is the social construction of criminality (3)
-made/defined by society
- act/behaviour that becomes criminal- law is passed
-differs by culture, place, time and circumstance
CULTURE- what is polygamy
Having more than one wife at the same time
CULTURE- where is polygamy legal
mostly muslim countries eg. India, Malaysia, africa
CULTURE- what is the reason for legal polygamy- religious (2)
Qu’ran permits Muslim men to take up to 4 wives.
prophet muhammad had multiple wives
CULTURE- what is the reason for legal polygamy- tradition
Polygamy has traditionally been
practiced in some African societies
CULTURE- where is polygamy illegal and why (3)
-western countries
-seen as an immoral lifestyle, leads to unbalanced relationships
-historically illegal due to bible condemning it
CULTURE- what is homosexuality
same sex relationships
CULTURE- where is homosexuality illegal (3)
-75 countries outlaw male homosexuality eg. nigeria, bangladesh
-45 outlaw lesbian activity
-Some countries ban promotion of homosexuality e.g. Russia.
CULTURE- where is homosexuality legal
majority of western countries
CULTURE- why is homosexuality illegal- religion
islam, christianity, judaism are traditionally against it
CULTURE- why is homosexuality illegal- public opinion
Some countries have high levels of support
for a ban on homosexuality.
eg. 98% egyptians are against it
CULTURE- why is homosexuality illegal- sexism
Male homosexuality being outlawed in more countries may reflect sexist attitudes about women not being able to be attracted to members of the same sex.
CULTURE- what is adultery
A sexual act between two people, one
or both of whom are married to
someone else.
CULTURE- where is adultery a illegal
many muslim countries, 21 US states
CULTURE- where is adultery legal
most countries eg. UK, india
CULTURE- why is adultery illegal- religion
Many religions condemn adultery – this
can influence law-making
PLACE- what is cannabis
a drug that can be smoked/ingested with food
PLACE- where is cannabis use illegal
UK, many other european countries
PLACE- where is cannabis use legal (2)
Legalised for medical use in Canada/some
U.S. states.
Decriminalised in Portugal.
PLACE- why is cannabis illegal- different norms and values
Societies with greater emphasis on personal
freedoms are more likely to not see it as criminal
PLACE- why is cannabis illegal- different ideas on controlling drug use (2)
-Some governments see decriminalisation or legalisation as controlling drug use
-others see cannabis as a gateway drug and try to control its use.
PLACE- controlling drug use- differences between portugal and phillipines (2)
-portugal- decriminalisation by not punishing drug users, but giving rehab. this was more successful than having laws and punishments
-phillipines- people shot dead in slums as theyre assumed to be drug users. theyre trying to kill every last drug user and dealer
PLACE- what is assisted dying
people who are terminally ill/cant take their own life are helped to die by another person eg. a doctor
PLACE- where is assisted dying legal
6 countries, including switzerland
PLACE- where is assisted dying illegal
muslim countries
PLACE- why is assisted dying illegal- religion
sanctity of life and only god can take a life
PLACE- why is assisted dying legal in switzerland
it is one of the strongest upholders of human rights
PLACE- where in the UK is corporal punishment illegal
only scotland and wales have made it clear in legislation that its illegal to smack a child
PLACE- where in the UK is corporal punishment legal
england and northern ireland- theres no legislation that makes it illegal
PLACE- why is corporal punishment legal in some parts of the UK (2)
eg. hitting a child’s hand if theyre about to harm themselves is reasonable punishment
-corporal punishment of children doesnt need a law as there are other pieces of legislation that protect children otherwise
TIME- why have gun control laws in UK changed over time (3)
-increase in gun-related incidents
-necessity for outdated gun laws- relating to need and suitability for ownership
-following dunblane massacre (1996)
TIME- what is the act called which involves changes in gun law
firearms act 1997
TIME- how did the snowdrop campaign aid in gun control law improvement (3)
-campaign following dunblane shooting
-started by parents of victims
-collected 750,000 signatures for petition to change gun laws
TIME- how are children seen differently today compared to in 19th century (2)
-today they are innocent+need protection
-used to be treated the same as adults vin work and by law
TIME- example of laws/policies which only apply to children (2)
-minimum ages for many activities eg. smoking, sexual activities
-reinforces idea of children being different to adults and subject to different rules
TIME- how was schooling for children introduced (2)
-in 1880 compulsory, basic education was needed
-kept children out of workforce
CIRCUMSTANCE- what is age of criminal responsibility in england, wales scotland and why (2)
10 years old- James bulger case of two 10 year olds murdering a toddler
-children below 10 are less likely to understand the meaning of the crime they committed
CIRCUMSTANCE- youth courts and punishments (2)
-separate courts are used to deal with young offenders and adult offenders
- youth court is for 10-17 year olds
CIRCUMSTANCE- homicide and diminished responsibility (2)
-mental conditions reduces ability to understand what they were doing- cant form a rational judgement
-reduces conviction to manslaughter
CIRCUMSTANCE- homicide
The law of murder can be applied differently where there is a defence
CIRCUMSTANCE- consequences moral panic in 2011 riots (2)
-minor offences committed in 2011 riots more likely to receive custodial sentences- believed harsher sentences would deter people committing further crimes
-over 3000 arrests made, over 2000 people faced criminal charges
CIRCUMSTANCE- what is moral panic (2)
-public reaction to an incident leading to a response in law by criminal justice system
-law can be enforced more harshly/leniently depending on circumstances of crime
CIRCUMSTANCES- cause of 2011 riots
black man wrongfully accused of having a gun and was fatally shot by police
