AC1.2 explain the social construction of criminality Flashcards
what is social construction?
social construction refers to something that has been made or defined (‘constructed’) by society rather than occurring naturally
CULTURE explain polygamy and reasons why the law changes between cultures
polygamy- having more than one wife/husband at the same time
-is illegal in Poland and UK because it is a catholic country however it is legal in Saudi Arabia, Iran, Mali and other Muslim centered countries
RELIGION
- the Qur’an permits Muslim men to have up to 4 wives, this is reflected in Muslim centered countries
-in USA the Mormon church practiced polygamy until 1980 and it continues to be practiced illegally by some fundamentalist Mormon splinter groups
TRADITION
-polygamy has been traditionally practiced in some African societies though it has declined sharply in recent decades
CULTURE explain adultery and reasons why the law changes between culture
adultery- sexual intercourse between a married person and someone who is not their spouse
-used to be illegal in India ban was lifted, UK and most western countries it is illegal
-illegal in Saudi Arabia and some US states,in Florida you can receive 2 months jail time and $500 fine.
INDIA
-was illegal for 158 years, the crime was defined as any man who had sex with a married woman without permission of husband had committed a crime
- a petitioner changed the law saying it was arbitrary and discriminated against men and women
REASONS WHY,RELIGION
-one of the 10 commandments which is shared by Christianity, Islam and Judaism
POSITION OF WOMEN
-laws against adultery are often found in societies where women occupy a very subordinate position, unequal
MORAL LAW
-some politicians may not wish to be seen as opposing moral laws so are reluctant to revoke
NOT CONSIDERED AN ILLEGAL OFFENCE BUT CAN STILL LEAD TO LEGAL CONSEQUENCES SUCH AS A DIVORCE
explain homosexuality and the reasons why for change
-legal in the UK, Canada, Australia
-illegal in Iran, Nigeria and Egypt
is punishable by death in Iran, Sudan, Afghanistan, Yemen and Somalia
RELIGION
-has less of a influence today
-many religions traditionally condemned homosexuality countries that religion has a strong influence are more likely to make it a crime
PUBLIC OPINION
-polls by the pew research center show higher levels of support for homosexuality
SEXISM
-male homosexuality is a crime in most countries but women isn’t
CHANGES OVERTIME
-all homosexual acts were made a crime in 1885 max life in prison
-homosexual acts between males over 21 made legal in 1967 in UK
-lesbian acts were never illegal
-age of consent changed to 18 in 1994
THE WOLFENDEN REPORT
-increase of gay prosecutions after WW2 by 1954 over 1,000 were in prison
-the government set up a committee under sir john wolferden to consider reform of the law
CULTURE explain honor crimes and the reasons why
honor crime is the murder of a person being accused of bringing shame upon their family, witchcraft (kristy bamu), forced marriage and honor killing
-in middle eastern family/south asia
-illegal in the UK
REASONS WHY
-thought to have originated from tribal customs, damaging a reputation
-main victim being women
-none of the worlds major religions condone/forgive honor related crimes. offenders try to justify their actions on religious grounds
who was kristy bamu?
a teenager who was killed in south east London 2010 by his sister and her boyfriend because they believed he was a witch
PLACE drugs and reasons why
laws regarding cannabis
-possession, up to 5 years in prison, a fine or both however this is not always enforced
-supply/production, up to 14 years in prison, fine or both
cannabis is legal in Canada, Neverlands, Jamaica
REASONS WHY
-norms and values
-different ideas on how to control drug use (
Portugal)
-societies may see cannabis use as a victim less crime or a person has the right to do what they want with their bodies
-law makers see legalization or decriminalization as a way of taking cannabis out of the hands of criminal suppliers
PLACE gun control, give an example and reasons why
dunblane- a man went into a school with 3 pistols and opened fire. killed 16 children and 10 parents
-this cause gun ownership to change, stricter background checks, must be locked up
REASONS WHY
campaigning
-parents campaigned, gained 705,000 signatures
-the gun control network set up by lawyers, academics and parents of victims to campaign for tighter gun control
-the snowdrop campaign, started by dunblane parents and friends organised a petition , collected 750,000 signatures calling for a change
-bobby turnbull
give an example of laws relating to children
childhood, a good example of social construction , how society defined this stage has varied over time.
REASONS WHY
changes over time (laws related to children)
give 1 example
historian aries argued that until the 13th century ‘the idea of childhood did not exist’ children were put to work and treated as ‘mini adults’
REASONS WHY
changes in cultures (laws relating to children)
give 1 example
the age of consent in the UK is 16 however in Nigeria the age of consent is 11.