AC1.2 Explain the social construction of criminality Flashcards
What is social construction?
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
Social construction of crime and deviance
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
What is the definition of adultery?
Sexual relations between a married person and another that is not their spouse
What is the situation with regards to legality in the UK on adultery?
Not a criminal offence
May have legal consequences in divorce proceedings
In what cultures is it legal to commit adultery?
UK and all European countries
In what cultures is it illegal to commit adultery?
countries governed by Islamic laws E.g. Saudi Arabia and Pakistan
Why does the law on adultery Claire from culture to culture?
Religion: bible states that adultery is a sin
Status of women: some women are owned by their husbands and treated as property
What is the definition of an honour crime?
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
What is the situation with regards to legality in the UK on honour crime?
These actions are crime and if there is a killing involved it is a murder
In what culture is it legal to perform honour crimes?
Most are taken place in South Asian and Middle Eastern families
In what culture is it illegal to perform honour crimes?
UK
Europe
USA
Pakistan
Why do the laws on honour crimes vary from culture to culture?
Thought to originate from tribal customs, where an allegation against a woman can dance a family’s reputation
Define homosexuality
Sexual attraction between people of the same sex
What is the situation with regard to legality in the UK on homosexuality?
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
In what cultures is homosexuality legal?
UK
Europe
USA
Canada
In what cultures is homosexuality illegal?
India Saudi Arabia Iran Yemen Nigeria
Why do the laws on homosexuality vary from culture to culture?
Religion: in the bible it says that homosexuality is a sin
Describe jaywalking in terms of laws changing in different places
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
Describe the possession of cannabis in terms of laws changing in different places
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
Describe capital punishment in terms in how laws change over time
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
What was the double jeopardy law?
A person could not be tried for the same crime twice
Describe the double jeopardy law in term of how laws change over time
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
What was the provision in the Criminal Justice Act 2003?
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
What is the rule of law?
Everyone is a subject to the law
The law should be applied equally to all
How can someone be found guilty of murder?
The act must be viewed as ‘actus reus’ by someone with ‘mens rea’
Define actus reus
A guilty act
Define mens rea
A guilty mind
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?
Diminished responsibility or loss of control
Define consent
A defence in law that proves permission was provided by the appropriate person for the crime to occur
Define self-defence
A defence in law allowing the use of reasonable force to avoid a conviction
Define automatism
A defence in law where the defendant is not in control of their actions
