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Criminology Unit 2 > AC1.2 Social Construction of Criminality > Flashcards

AC1.2 Social Construction of Criminality Flashcards

1
Q

What is meant by the term social construct?
How is crime a social construct?

A

Social construct - an idea that has been created and accepted by the people in society.
What counts as criminality is simply whichever acts a society defines as criminal. This can differ from one society to another, and over time.

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2
Q

Polygamy

A

When a person has more than one spouse.

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3
Q

Polyandry

A

A woman has more than one husband.

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4
Q

Polygyny

A

A man has more than one wife.

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5
Q

Adultery

A

Voluntary sexual activities between a married person and someone other than their spouse.

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6
Q

Capital punishment

A

The legally authorised killing of someone as punishment for a crime.

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7
Q

Corporal punishment

A

Physical punishment: the infliction of physical pain upon a person’s body as punishment for a crime.

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8
Q

Death penalty

A

Punishment by execution.

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9
Q

Differential enforcement

A

The idea that an individual’s past, present and anticipated future rewards and punishments for actions explain crime.

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10
Q

Activities illegal in the UK but legal elsewhere

A

Possession of cannabis (USA, Portugal)
FGM (Africa, Middle East, Asia)
Driving at 16 years old (USA)

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11
Q

Activities legal in the UK but illegal elsewhere

A

Jaywalking (USA)
Chewing gum (Singapore)
Impersonating Hitler (Germany, Austria)

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12
Q

Used to be illegal in the UK

A

Homosexuality.
The use of medical marijuana.

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13
Q

Used to be legal in the UK

A

Drink driving.
Child labour.
Using mobile phone while driving.

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14
Q

How laws change in different CULTURES - POLYGAMY

A

Legal in - mostly in certain Muslin countries e.g. Malaysia, Singapore, the Philippines.
Illegal in - most countries.
Why?
Religion - some religions allow for multiple marriages (the Qu’ran permits Muslim men to take up to 4 wives).
Tradition - polygamy has traditionally been practiced in some African countries.

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15
Q

How laws change in different CULTURES - ADULTERY

A

Legal in - most countries including the UK and India (2018)
Illegal in - many Muslim countries, 21 US states.
Why?
Religion - many religions make adultery a ‘sin’, which can influence law making.
Position of women - women often have lower status in countries where adultery is illegal. Punishments are often harsher for women than men who commit adultery.

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16
Q

How laws change in different CULTURES - HOMOSEXUALITY

A

Legal in - UK, USA, Australia.
Illegal in - Iran, Indonesia, Egypt.
Why?
Religion - some religions (e.g. Christianity, Islam and Judaism) prohibit non-heterosexual relationships and activities.
Public opinion - Socially conservative societies may have restrictions and frown on alternatives to heterosexual relationships.
Sexism - male homosexuality is a crime in more countries than lesbianism is. Male lawmakers’ assumptions that females are incapable of same sex attraction.

17
Q

How laws change in different CULTURES - CANNABIS

A

Legal in - some US states, Canada.
Illegal in - UK, many other European countries.
Why?
Different norms and values - societies with greater emphasis on personal freedoms may be more likely to legalise drug use.
Different ideas about how to control drug use - cannabis is believed to be a gateway drug.

18
Q

How laws change over TIME - HOMOSEXUALITY

A
  • Criminalised in 1885.
  • Decriminalised for men over 21 in 1967.
  • Age of consent reduced to 18 in 1994.
  • Age of consent lowered to 16 (the same as for heterosexual sex) in 2000.
  • 2004 Civil Partnership Act.
  • Marriage (same-sex couples) Act 2013.
    Why?
    The Wolfenden Report - After WW2 there was a sharp increase in the number of homosexual men that were convicted for breaking the law. A committee was created and 1950s and recommended that private acts over 21 be legalised in 1957.
    Campaigns - Successful campaigns by Homosexual Law Reform Society and other pressure groups led to homosexuality being legalised in 1967 in some counties.
    Politicians - The 2010 Equality Act is an example of where politicians can enact changes to the law. This act made it illegal to discriminate against people based on their sexual orientation.
    Human rights - Belief that the state has no right to control citizen’s private lives.
19
Q

How laws change over TIME - GUN CONTROL

A

Laws in the UK changed after 2 mass shootings:
- In 1987, Michael Ryan shot and killed 16 people in Hungerford.
- In 1996, children and one teacher shot dead at Dunblane primary school.
Why?
GCN campaign - Set up by lawyers, academics and parents of victims to campaign on tighter gun control laws.
Snowdrop campaign - Started by bereaved Dunblane parents and their friends, organised a petition and collected 750 000 signatures calling for a change in the law.

20
Q

How laws change over TIME - PHYSICAL PUNISHMENT

A
  • Flogging in the armed forces was abolished in 1881 and all abolished in x1967.
  • Death penalty abolished in the UK in 1965.
    Why?
    Human rights - Capital punishment breaches the most basic human right - the right to life.
    Miscarriages of justice - If a person is wrongly found guilty and executed, nothing can be done to correct it. e.g. Carlos deluna (1989).
21
Q

How laws change over TIME - LAWS RELATING TO CHILDREN

A
  • In the 19th century children worked. Used in cotton mills, coalmines etc.
  • A series of Factory Acts gradually excluded children from the workplace.
  • In 1880 compulsory schooling was introduced to ensure basic education for all and keep children out of work.
  • 2004 Children Act states that parents have responsibilities rather than rights with regards to children.
  • Children today are seen as innocent and needing protection.
  • Laws and policies that only apply to children such as minimum ages for a wide range of activities from sex to smoking reinforce the idea that children are different to adults and subject to different rules.
22
Q

Moral panic

A

Public anxiety or alarm in response to a problem regarded as threatening the moral standards of society.

23
Q

Labelling

A

Attach a label to someone, assign to a category.

24
Q

Self-fulfilling prophecy

A

The process by which a person’s expectations about someone can lead to that someone behaving in ways which confirm the expectatons.

25
Q

Typification

A

Ideas (usually held by the police) about what a typical criminal is like.

26
Q

Situational factors

A

Class, ethnicity, age, attitude towards the officer, place and time of day or night have been shown to affect decision making.

27
Q

What factors might affect the way the police and courts apply the law to different groups of people?

A

Moral panic - minor offences committed during London Riots of 2011 more likely to receive custodial sentences.
Typification - police enforced the law more leniently against middle class ‘Saints’ and more harshly towards working class ‘Roughnecks’.
Situational factors.

28
Q

Criminal responsibility

A

A person’s ability to understand their conduct at the time a crime is committed.

29
Q

Age of criminal responsibility around the world

A

England and Wales - 10 years old.
Scotland - 12 years old.
China - 12 years old.
Luxemburg - 18 years old.

30
Q

How are children treated differently in the criminal justice system?

A
  • Most countries have separate courts to deal with offenders below a certain age.
  • In England and Wales, youth courts are special magistrate’s courts that hear cases involving people aged 10 to 17.
  • Youth courts are less formal, defendants are called by their first names, and members of the public are not normally allowed in. Punishments include detention and training orders carried out in secure centres.
31
Q

Explain the three ‘special defences’ contained in the Homicide Act of 1957 where the defendant can plead not guilty despite having killed someone

A

Diminished responsibility - if a person can show that their mental state reduced their ability to understand what they were doing or form a radical judgement, the charge may be reduced to manslaughter.
Loss of control - a partial defence that can reduce the offence to manslaughter.
Automatism - if they can prove that the act was involuntary e.g. sleepwalking, seizure while driving.

Criminology Unit 2 (6 decks)

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