AC1.2 Social Construction Of Criminality Flashcards
What does social construction refer to?
Something that has been made or defined by society, rather than occurring naturally
Why does crime differ across different cultures?
Some cultures can define a particular act as criminal and pass a law against it, while other cultures see nothing wrong with it
Why does the definition of crime vary?
It isn’t a universal concept
Why can a crime differ across culture?
Norms, values and mores can be different based on traditions, meaning that laws can be different round the world
Why can a crime differ across place?
Different places can be policed different due to the crimes committed there
Why can crime differ across time?
Over time laws can change based on our evolving social norms
What are some examples of crimes that can differ across culture?
FGM
Homosexuality
Honour crimes
Polygamy
What are some examples of crimes that can differ across place?
Homosexuality
Possession of cannabis
What are some examples of crimes that can differ across time?
Gun control laws
Homosexuality
Laws concerning physical punishment
How have the laws against homosexuality changed over time?
1885 - homosexual acts between males made a crime
1967 - homosexual acts between males 21+ were legalized in England + wales
2000 - this was lowered to 16+
2013 - same sex marriage was made legal
What act was passed to make same sex marriage legal?
The marriage (same sex couples) act
Why did the laws against homosexuality change over time?
The Wolfenden report 1957
Campaigns — the homosexual law reform society successfully campaigned to change the law
— stonewall and the campaign for homosexual equality led to the age of consent being 16
Politicians — ray Jenkins supported the campaign for change and introduced the legislation in 1967
What was the Wolfenden report?
A report published after WWII that recommended acts between men 21+ should be legalized
Where is FGM still legal?
In about 30 countries across Africa, Asia, and the Middle East
Where is FGM a crime?
In many countries across Europe, including the UK
Why is FGM a crime?
Because of the painful operation and health implications that are associated with it
Why do FGM laws vary between cultures?
In some countries it is a social norm so families feel pressured to conform
Where is possession of cannabis legal?
Some places have legalized possession for personal, medical or recreational use
Canada has legalized sale
Portugal has decriminalized possession for personal use
Where is possession of cannabis a crime?
In the Uk -> charges for possession are much lighter than the charges for dealing
Many other European countries have similar laws
Why do the laws against possession of cannabis vary between cultures?
Ideas about how to control drug use — some think penalties will prevent use, others think legalizing it will help people
What can moral panics lead to?
Can lead to offenders being treated more harshly by the courts
How are laws applied differently according to the circumstances in which they occur?
Differential enforcement of law
Age of criminal responsibility
Homicide
How did the London riots 2011 demonstrate differential enforcement of law?
Those who committed minor offenses were more likely to receive a harsher punishment (eg. custodial sentences) than similar cases committed under ‘normal’ conditions
How did the moral panic over the mods and rockers in the 1960s demonstrate differential enforcement of law?
Stiffer sentences were often handed down to teach young people a lesson and to deter others from
What does the age of criminal responsibility mean?
The age that children are deemed to have the capacity to commit a crime
Children below a certain ace are unable to fully understand the meaning of the act they have committed so they cannot be held responsible for it in the same way
What is the age of criminal responsibility in England, Wales, and Northern Ireland?
10
What is the age of criminal responsibility in Scotland?
12
What does the Homicide act 1957 allow someone to do?
Please not guilty despite having killed someone
What are the 3 special defenses contained in The homicide Act 1957?
Diminished responsibility
Loss of control
Automatism
What is diminished responsibility?
If a defendant can show that their mental condition substantially reduced their ability to understand what they were doing, it can reduce their conviction to manslaughter
What is loss of control?
A partial defense that may reduce the offense to manslaughter
What is automatism?
A crime must be a voluntary act
The defendant must have consciously chosen to commit it. If they can show that it was involuntary, they can plead the defense of automatism
