AC1.2 Explain the Social Construction of Criminality Flashcards
Social construction
something that has been made or defined by society. What counts as criminality is whichever acts a society defines as criminal.
Physical Punishment
any sanction that contains a physical element.
Examples of physical punishment
- hanging
- hard labor
- birching
- lethal injection
Corporal Punishment
physical punishment that is intended to cause pain or discomfort.
Capital Punishment
punishments that results in death. State authorised execution.
Historical Events relating to Capital punishment
- 11th century - burning people (women) at the stake (witchcraft)
- The Bloody codes - 17th to 19th century - made more than 200 offences punishable by death
- 1965 - the Murder (Abolition of the Death Penalty) Act suspended the death penalty for an initial five-year period and was made permanent in 1964.
Historical Events relating to Corporal Punishment
- 1820 - illegal to whip women
- 1881 - removal of whipping from the Navy
- 1948 - illegal to whip/birch men.
Why Law on Capital punishment changed
- breaches a basic human right
- death penalty doesn’t work as an effective deterrent
- belief people can change
- society doesn’t take pleasure in watching people being hanged anymore
- miscarriages of justice - Dereck Bentley
Why Law on Corporal Punishment changed (education)
- 1967 - Plowden report - caning in primary schools should be banned
- considered degrading
- abuse of power - young as 5 getting the cane
- rights of children
Example: Honour crime definition
crimes conducted against family members by other family members in response to threats to the family ‘honour’.
Examples of honour crime
- murder
- domestic abuse
- forced marriage
- FGM
- sexual violence and harrassment
2 specific examples of Honour crime where victims are protected by law in the UK
- FGM - Female Genital Mutilation Act 2003
- Forced Marriage - Forced Marriage (Civil Protection Act) 2007.
Statistics to show law isn’t enough to prevent honour crime from taking place
- UK - estimates that at least a dozen women are victims of honour killings
- Pakistan - 2009 study found nearly 2000 newspapers reports of honour killing.