AC1.2 - Social construction of criminality: Circumstances of the Act Flashcards
Define a moral panic.
A moral panic is a feeling of fear spread among many people that some form of evil is threatening the wellbeing of society.
Give an example of a moral panic that caused a difference in the enforcement of the law.
Minor offences committed during the London Riots of 2011 were more likely to receive custodial sentences.
What is a typification?
An idea (usually held by the police) about what a typical criminal is like.
Summarise what Chambliss’s theory of Typifications believes about law enforcement.
The police enforce the law more leniently against middle class “saints”, and more harshly towards working class “roughnecks”.
Summarise what Cicourel’s theory of Typifications believes about law enforcement.
The police are more likely to regard the working class with suspicion, resulting in more arrests for this group.
Summarise what Piliavin and Briar’s theory of Typifications believes about law enforcement.
Situational factors including class, age, ethnicity, attitude towards the arresting officer, time and place play a large part in the decision to stop or arrest an individual.
Define the age of criminal responsibility (ACR).
The age below which a child is deemed not to have the capacity to commit a crime.
Why is there an ACR in most countries?
Children below a certain age are unlikely to understand the full meaning of the act that they have committed.
What is the ACR in the each UK country?
England, Wales and Northern Ireland - 10
Scotland - 12
What is the only country in the world where the ACR differs by gender?
Iran - the ACR is 9 for girls and 15 for boys.
What is a youth court?
A separate court which only deals with offenders below a certain age. In England and Wales, this goes up to 17. They are less formal than adult courts.
Can youth courts send offenders to prison?
No - they can only send offenders to detention centres, or impose training orders to be carried out in secure centre.
Define diminished responsibility.
A mental condition substantially reduced the offenders ability to understand what they were doing or form a rational judgement. Reduces the conviction to manslaughter.
In what year was the Homicide Act introduced?
1957
What does the Homicide Act contain?
Three special defences for murder when the defendant can plead not guilty, despite having killed someone. These are diminished responsibility, loss of control and automatism.
