AC1.2 Explain the social construction of criminality

Question 1

What is social construction?

Answer 1

How laws change from culture to culture
How laws change over time
How laws are applied differently according to circumstances i which they occur
Why laws are different according to place, time and culture

Question 2

Social construction of crime and deviance

Answer 2

Both criminal law and societal norms differ from country to country, from culture to culture and from one time period to another
If laws and norms are constructed by people then crime and deviance must be social constructions

Question 3

What is the definition of adultery?

Answer 3

Sexual relations between a married person and another that is not their spouse

Question 4

What is the situation with regards to legality in the UK on adultery?

Answer 4

Not a criminal offence

May have legal consequences in divorce proceedings

Question 5

In what cultures is it legal to commit adultery?

Answer 5

UK and all European countries

Question 6

In what cultures is it illegal to commit adultery?

Answer 6

countries governed by Islamic laws E.g. Saudi Arabia and Pakistan

Question 7

Why does the law on adultery Claire from culture to culture?

Answer 7

Religion: bible states that adultery is a sin

Status of women: some women are owned by their husbands and treated as property

Question 8

What is the definition of an honour crime?

Answer 8

Crimes where the victim has said to bring shame upon the family
Can include killing for conduct such as refusing to enter in an arranged marriage

Question 9

What is the situation with regards to legality in the UK on honour crime?

Answer 9

These actions are crime and if there is a killing involved it is a murder

Question 10

In what culture is it legal to perform honour crimes?

Answer 10

Most are taken place in South Asian and Middle Eastern families

Question 11

In what culture is it illegal to perform honour crimes?

Answer 11

UK
Europe
USA
Pakistan

Question 12

Why do the laws on honour crimes vary from culture to culture?

Answer 12

Thought to originate from tribal customs, where an allegation against a woman can dance a family’s reputation

Question 13

Define homosexuality

Answer 13

Sexual attraction between people of the same sex

Question 14

What is the situation with regard to legality in the UK on homosexuality?

Answer 14

Once it was illegal but partially decriminalised in 1967 with the age of consent
To participate legally in sexual relations was set at 21 years
Then lowered to 18, then 16
Civil partnership were allowed but now same-sex marriages can also take place

Question 15

In what cultures is homosexuality legal?

Answer 15

UK
Europe
USA
Canada

Question 16

In what cultures is homosexuality illegal?

Answer 16

India 
Saudi Arabia 
Iran 
Yemen 
Nigeria

Question 17

Why do the laws on homosexuality vary from culture to culture?

Answer 17

Religion: in the bible it says that homosexuality is a sin

Question 18

Describe jaywalking in terms of laws changing in different places

Answer 18

Jaywalking is where pedestrians cross without regards to traffic regulations.
An offence in most urban areas in the USA, however, not in the UK as it is considered a personal responsibility to cross the road safely

Question 19

Describe the possession of cannabis in terms of laws changing in different places

Answer 19

It is an offence and is illegal in England and Wales, there have been calls to decriminalise it and allow its use, particularly so medical reasons.
In Columbia it is legal

Question 20

Describe capital punishment in terms in how laws change over time

Answer 20

The practice of executing someone as punishment.
In 18th century there was over 200 offences where the death penalty could be given.
Laws were made by the rich to protect them
They were focused on the poor

Question 21

What was the double jeopardy law?

Answer 21

A person could not be tried for the same crime twice

Question 22

Describe the double jeopardy law in term of how laws change over time

Answer 22

Ann Ming’s campaign was abolished for serious offences. A provision in the Criminal Justice Act 2003 can into force
The law changed as technology and medical knowledge advanced

Question 23

What was the provision in the Criminal Justice Act 2003?

Answer 23

Stated that where there is ‘new and compelling evidence’ pointing to guilt of a former defendant, the Court of Appeal May quash an acquittal and order a retrial

Question 24

What is the rule of law?

Answer 24

Everyone is a subject to the law

The law should be applied equally to all

Question 25

How can someone be found guilty of murder?

Answer 25

The act must be viewed as ‘actus reus’ by someone with ‘mens rea’

Question 26

Define actus reus

Answer 26

A guilty act

Question 27

Define mens rea

Answer 27

A guilty mind

Question 28

Sometimes, despite the presence of the actus reus and mens rea, an alternative charge of manslaughter could be made in certain circumstances, such as what?

Answer 28

Diminished responsibility or loss of control

Question 29

Define consent

Answer 29

A defence in law that proves permission was provided by the appropriate person for the crime to occur

Question 30

Define self-defence

Answer 30

A defence in law allowing the use of reasonable force to avoid a conviction

Question 31

Define automatism

Answer 31

A defence in law where the defendant is not in control of their actions