AC1.2- Social construction of crime Flashcards
Social construction of crime
Why do laws change culture to culture due to religion?
due to different dominant religious beliefs which influence the construction of that cultures law (Islamic countries base their laws on Sharia)
How do laws change culture to culture due to norms/values?
Collectivist cultures may prioritise community while individualist cultures prioritise the protection of personal rights
What explanation may there be as to why laws change culture to culture?
Protecting public health
Define adultery
Having a sexual relationship with someone who isn’t your spouse
What is the situation with regards to legality of adultery in the UK?
Adultery has not been a crime in England + Wales since 1857
Which cultures is adultery legal?
Spain
France
Italy
Which cultures is adultery illegal?
Saudi Arabia
Pakistan
Egypt
Why does the law surrounding adultery vary in different cultures?
UK is an individualist culture which believes adultery is a private moral issue however other cultures influenced or under Sharia law consider consider adultery a serious offence
What is the definition of abortion?
the process of ending a pregnancy by terminating the fetus
What is the situation regarding legality of abortion in the UK?
legal up to 24 weeks and has to have approval of doctors
Which cultures is abortion legal?
Japan
China
South Korea
Which cultures is abortion illegal?
Madagascar
Afghanistan
Brazil
Why do some laws change over time?
With time society evolves politically, socially, economically scientifically and technologically and the law has to accommodate those changes
What was the Double Jeopardy law?
Someone cannot be taken to court more than twice for the same offence
How old is the double jeopardy law?
Over 800 years old
In 2003, what did the Criminal Justice Act change about the double jeopardy law?
there must be ‘new’ and ‘compelling’ evidence pointing to the guilty to take a person back to court
What is the case study of double jeopardy?
Julie Hogg was murdered by Billy Dunlop and in both trials he pleaded not guilty and was released.
In prison for a different crime Billie boasted about how he murdered Julie and got away with it and due to the law he couldn’t be taken back to court.
Ann Ming campaigned for over 30 years to get the law changed
Why was the change to the double jeopardy law necessary?
the law at the time was inadequate for bringing justice
technology and medical knowledge became more advanced allowing certainty of evidence
What is prostitution?
selling sexual services
How has prostitution changed over time?
In ancient Greece and Rome prostitution was acceptable
During the Medieval times it was immoral and deviant as it was against social & religious norms
During the Renaissance prostitution become normalised and was even legalised by the church in Italy
was utilised by popes and priests
They were required to wear certain attire to indicate their profession
Illegal in the UK but legal in the Netherlands
There’s concerns for women’s protection
what is capital punishment?
the practice of executing someone as a punishment for a specific crime
how has capital punishment changed over time as a punishment?
used to be given for over 200 offences such as pickpocketing + witchcraft
by 20th century it was reduced to serious offenses (rape, murder) with the electric chair
Why has capital punishment changed over time as a punishment?
Not all prisons were professional within their manner, some were found to be sadistic to their inmates
some prison guards were found guilty of deliberately malfunctioning the execution devices in order to give a more painful, longer death
The public became aware of this and demanded a change
Cases showed miscarriages of justice were happening and these could not be put right if the person is deceased
What is the case study for capital punishment?
Jesse Tafero
a guard used a synthetic sponge instead of a sea sponge and it took him 7 minutes to be marked dead and later on the police found out he was innocent
