ac1.2 - explain the social construct of criminality Flashcards
define adultery
sexual relations between a married person and someone who is not their spouse
what is the legality with adultery in the uk
not criminal but may have legal consequences in divorce proceedings
where is adultery legal
uk and all other european countries
where is adultery illegal
many islamic countries such as saudi arabia and pakistan. almost half of the usa states but only as a misdemeanour (minor offence)
why does the law on adultery vary between cultures
religion (bible states it is a sin), status of women who are owned by their husbands and treated as property, some politicians may not wish to be seen as opposing moral laws so are reluctant to revoke them
define honour crimes
crimes where the accused has brought shame on their family
what is the legality of honour crime in the uk
criminal and if a killing is involved it is murder
where is honour crime legal
mostly within south asia and middle east
where is honour crime illegal
uk, europe, usa, pakistan
why does the law for honour crimes vary in between cultures
such crimes thought to have originated from tribal customs where an allegation against a woman can damage the familys reputation. none of the worlds major religions condone honour crimes but perpetrators have sometimes tried to justify their actions on religious grounds
define homosexuality
sexual attraction between people of the same sex
what is the legality of homosexuality in the uk
once illegal but partially decriminalised in 1967 with the age of consent being set at 21 years. this was lowered to 18 and then 16. civil partnerships were allowed and now same sex marriages can also take place
where is homosexuality illegal
india, saudi arabia, iran, yemen and nigeria
why does the law around homosexuality vary between cultures
religion (e.g. bible says homosexuality is a sin), taboo and against the norm (resulting in intolerance and bigotry)
define capital punishment
practice of executing someone as punishment for a specific crime after a legal trial
in the 18th century how many offences resulted in the death penalty
over 200
what laws faded surrounding capital punishment that led to rights, freedoms and the opportunity to progress in society
laws made by the rich to protect themselves and being focused on the poor who were viewed as lazy and agents of their own misfortune
as the law for capital punishment got less harsh, what two crimes would still constitute it?
murder and treason
how did the case of derek bentley in 1953 lead to a change in public opinion and the law about the death penalty
derek bentley was executed for the murder of a police officer and many believed it was a miscarriage of justice (innocent) because he didnt possess nor fire the gun.
how did the case of ruth ellis in 1955 lead to a change in public opinion and the law about the death penalty
last woman hanged in the uk for the murder of her abusive husband who beat her and made her have a miscarriage. guilty but many felt sympathetic for her case
what type of evidence developed that made it apparent that many people were wrongly convicted and executed
dna evidence
when was capital punishment temporarily abolished
1965
when was capital punishment abolished for murder but not treason
1969
when was capital punishment abolished for all crimes and what was the act called
crime and disorder act 1998
why did the law for capital punishment change over time
due to the changing status of various social groups in society and their increased rights under the law, cases that showed miscarriages of justice were happening and these could not be put right if the person was deceased
define double jeopardy
law that prevented a person being tried again for the same offence
what act came into force to oppose double jeopardy and what were the terms
criminal justice act 2003 - 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
what campaign changed the law against double jeopardy
ann ming’s campaign for her murdered daughter after the murderer boasted about getting away with the crime after jurors twice failed to reach a verdict
why did the law against double jeopardy change over time
necessary as the law was inadequate to bring justice, technologies and medical knowledge more advanced to allow for certainty of evidence (eg. prosecution of gary dobson and david norris for the murder of stephen lawrence)
what connected activities of prostitution are illegal
soliciting in a public place, kerb crawling (driving slowly to ask for sex) and owning a brothel
what was society’s old view on prostitution
stigma attached to it, women involved thought to be immoral due to the idea of having sex for money
what is the modern view of prostitution
calls for it to be decriminalised with appropriate regulation, concern for safety of women and how to protect vulnerable people who become involved (sometimes against their will)
why did many women become prostitutes before
because it provided a source of income at a time when they had few other options for jobs
why has society’s view of prostitution changed
decline in religion, increased moral tolerance, change in the status of women (increased equality, more occupations and training opportunities available)
define prostitution
the selling of sexual services
define vagrancy
having no visible means of support and travelling from place to place
under what act is vagrancy illegal
vagrancy act 1824
why was the vagrancy act 1824 originally passed
to clear the streets of beggars, rogues and vagabonds, and prevent further crime from being committed
why has the vagrancy act 1824 fallen into disuse
society accepted there were legitimate reasons for homlessness
why has there been a recent increase in the number of prosecutions for vagrancy
people begging on the streets and representing themselves as homeless when this was not the case
how have views surrounding vagrancy changed since the 19th century
no longer looked upon with disapproval, sympathy and concern for the vagrants, acceptance for genuine reasons for homelessness rather than laziness or idleness
in the uk why have there been calls to decriminalise cannabis
for medical use
where is cannabis legal
columbia and uruguay
why is the law surrounding cannabis enforced differently within the uk
regional police priorities and resojrces
how is the law surrounding cannabis enforced differently within the uk
durham constabulary does not prioritise people who grow cannabis plants for personal use, whereas the police in cumbria do prosecute
how are views on the use of cannabis different according to place
some countries view it as a recreational drug while others consider that the medicinal properties should take precedence over its legality
define jaywalking
when pedestrians cross a road without regard to traffic regulations (not at a green light or a specific crossing)
where is jaywalking an offence
most urban areas in the usa, canada, singapore and poland
why is jaywalking legal in the uk
considered a personal responsibility to cross the road safely
define fgm
the deliberate mutilation of female genitalia for non medical reasons, usually carried out on girls under 15 prior to them entering into sexual activity
where is fgm commonly carried out
many parts of africa, the middle east and asia
why do some communities carry out fgm
cultural, religious and social reasons, believed it will benefit the girl and preserve her virginity ready for marriage
why is the law surrounding fgm different in different places
the views and understanding of it
why is fgm illegal in the uk
painful nature of operation, health complications, problems relating to sex and mental illness after having it done are understood
list the occasions where the laws are applied different according to circumstances in which actions occur
age, manslaughter, defences of consent, self defence and automatism
what is the age of criminal responsibility in the uk and what does this mean
10, any child under 10 cannot be arrested, charged or prosecuted for a criminal offence no matter how much blame can be attributed to tjem
what is the age of criminal responsibility in canada
12
what is the age of criminal responsibility in bangladesh
9
when does manslaughter happen
despite murder taking place with actus reus and mens rea, the law allows an alternative charge because of diminished responsibility or acting under a loss of control
rather than facing a mandatory life sentence, what happens when someone is convicted of man slaughter
the law allows the charge and all the sentencing options are open to the judge
what are the non murder defences to show non guilt
consent, self defence and automatism
define automatism
where the defendant was not in control of their actions
list why are laws different according to place, time and culture
changing social and moral views, campaigns, landmark cases, status of women in different societies, religion, knowledge (especially regarding health and safety)
