AC1.2-Explain the social construction of criminality Flashcards
What is a social construction + example?
Something that is created by society, constructed through social meanings and definitions.
Eg- childhood.
How is childhood a social construction?
Due to different cultures, the types of behaviour considered appropriate for children, the way children should be treated, and the length of time that childhood should last, are socially constructed. Eg- in middle ages, Shorter (1975) argues that high death rates encouraged neglect, it was common
for parents to give a new baby a dead sibling’s name.
What were the reasons for the change in the position of children?
-Children’s health and development became the subject of medical knowledge.
-Laws and policies that apply specifically to children came into place
-Declining family size and lower infant mortality rate
-1989 Children Act
-Introduction of compulsory schooling in 1980
-Laws restricting child labour and excluding children from work.
How is crime a social construction?
A crime is just something a society defines as criminal and legislates
against. One society/ culture can define a particular act as criminal and pass a law against it, while another culture sees nothing wrong with it.
As a society changes overtime, its ideas about crime can also change.
What is culture?
The shaped values, beliefs, customs and traditions of a specific group of people (e.g. knowledge and stories, language, traditions and rituals)
How do laws change from culture to culture?
There are many interconnected reasons why laws and what counts as crime vary between cultures (e.g. religion, beliefs, different norms and values).
Why do laws change over time?
A variety of reasons (e.g. changing norms and values, changing ideas about human rights, landmark events or cases, campaigns for change, growing knowledge and understanding as a result of research, political backing and public health)
Religion is of declining importance, science is more important, events/campaigns.
Describe the cultural differences surrounding drug laws.
Portugal is a country which legalised all drugs in 2001 after a heroin and AIDS crisis.
Proven to be successful as: rates of drug use have remained consistently below the EU average.
Describe the cultural differences surrounding adultery.
Adultery is legal in all European countries but illegal in many countries which operate Islamic law, e.g. Saudi Arabia, Pakistan.
Reasons why laws vary: religion, status of women being lower.
Describe the cultural differences surrounding homosexuality.
Legal in the UK since 1967. Illegal in countries such as Saudi Arabia, Iran, Yemen, Nigeria. Punishable by death in 13 countries.
Religion is a major reason for the difference.
Why do laws change over time in a society?
Because of societies changing views and attitudes.
Religion is of declining importance, science is more important, events/campaigns.
How has the law changed on capital punishment?
In 1965, the suspension of the death penalty for murder was made permanent.
Influenced by the controversy regarding Derek Bentley being hung for murder in 1953- even though his co-defendant fired the fatal shot.
Sense of injustice around the miscarriages of justice led to strengthened opposition to the death penalty.
How has the law changed on double jeopardy?
Following the campaign of Ann Ming, the law preventing people being tried for the same crime twice was changed. She battled for 15+ years to get the law changed as her daughter was murdered by her ex-boyfriend, who had already been tried twice so had been formally acquitted.
Criminal Justice Act 2003 allows a re-trial if there is “new and compelling evidence”. Better chance of bringing justice and putting away the guilty people.
How has the law changed on homosexuality?
In 1967, sex between two men over 21 and in private is decriminalised due to a modernisation and change in societal attitudes of homosexuality being wrong.
How are laws applied differently
according to circumstances in which
actions occur?- Age
Age of criminal responsibility in UK = 10 so any child under 10 cannot be arrested, charged or prosecuted.
Whereas the age of criminal responsibility in Canada= 12 so a 10/11 year old would not be able to be prosecuted as they would in the UK, even if they had committed the same crime.
