AC1.2: Social construction of criminality Flashcards
What is the social construction of criminality?
The social construction of crime refers to the idea that crime is not an inherent or objective concept but rather a product of social processes and interactions.
What is a civil partnership?
Legally recognised agreement for both same-sex couples and heterosexual couples
What is adultery?
Sexual relations between a married person and another with the exception of their spouse.
Is adultery illegal in the UK?
It is not considered a criminal offence but may have legal consequences in divorce proceedings.
Where is adultery legal in the world?
UK and all other European countries.
Where is adultery illegal in the world?
Many countries governed by Islamic law such as Saudi Arabia and Pakistan.
Also almost half of all the states in the USA consider it a crime but in most it is only a misdemeanor (minor offence).
Why does the law vary in different cultures to do with adultery?
The bible believe it to be a sin, it may also relate to the status of women in regards to being owned by their husbands and treated as property. Some politicians may not wish to be seen as opposing moral laws so are reluctant to revoke them.
What are honor crimes?
Crimes where the accused has brought shame on their family. Can include killings for conduct such as refusing an arranged marriage or being in a relationship that displeases the family.
Are honor crimes legal in the UK?
They are crimes if a killing is involved it is murder.
Where are honor crimes legal?
Most south Asian and Middle Eastern families.
Where are honor crimes illegal?
UK, Europe, USA, Pakistan etc.
Why does the law vary in different cultures?
Thought to have originated from tribal customs, where an allegation against a woman could besmirch (damage) a families reputation.
What is homosexuality?
Involving or characterised by sexual attraction between two people of the same sex.
Is homosexuality legal in the UK?
Yes however once it was illegal but was partially decriminalised in 1967 with the age of consent being set at 21. It was then lowered to 18 and finally 16. Initially civil partnerships were allowed were allowed and same sex marriages can take place
Where is it legal?
Europe, UK, USA and Canada
Where is it illegal?
Yemen, Saudi Arabia, Iran, Nigeria and India
Why is it illegal in different cultures?
Religious reasons because the Bible says thar homosexuality is a sin. In some cultures it is more of a taboo and something against the norm.
What is capital punishment?
The practice of executing someone as punishment for a specific crime after due process going through the correct legal proceedings or legal trial.
What are some examples of crimes that result capital punishment?
Pickpocketing and shooting rabbit.
Who were the capital punishment laws made by and why?
They were made by the rich to protect themselves and their property.
What does statute mean?
An act of parliament or legislation.
What is a miscarriage of justice?
The conviction and punishment of a person for crime that they had not committed.
Miscarriage of justice case study.
In the 1950, cases such as Derek Bentley and Timothy Evans were regarded as a miscarriage if justice leading to a change in public opinion about the death penalty and also to a change in the law. As DNA developed it became obvious that many people had been wrongly convicted but after a person was dead it couldn’t be put right. This meant that the law was outdated and in need of reform.
When was capital punishment abolished?
Capital punishment, for murder, was temporarily abolished in the UK in 1965 and fully abolished in 1969. However it remained on the statute books for treason, and this too was abolished in 1998 with the Crime and Disorder Act.
What was the law about double jeopardy?
The law has changed over time but it was a law that prevented a person from being tried for the same offence twice. A provision in the Criminal Justice Act 2003 came into force, which stated that where there is ‘new and compelling evidence’ pointing to the guilt of a former defendant the guilt of a former defendant, the Court of Appeal may quash an acquittal and order.
What does acquittal mean?
Verdict of a court where someone is found not guilty of a crime that they have been charged with doing.
What is prostitution?
The selling of sexual services. It is known as the world’s oldest profession.
What are the laws about prostitution?
Prostitution itself is legal in the UK however many of the connecting activities are illegal. Some of the connecting activities that are illegal include: soliciting in a public place, kerb crawling, or owning a brothel.
What is soliciting?
Offering sex for money.
What is Kerb crawling?
Driving slowly along a road, close to a pavement or walkway in order to ask a prostitute for sex.
What is a brothel?
A place where men go to pay to have sex with a prostitute.
What is vagrancy?
Vagrancy means that a person has no visible means of support and travels from place to place. This is also known as sleeping rough or begging.
What are the laws about vagrancy?
Vagrancy is illegal under the Vagrancy Act 1824. Originally it was passed in order to clear the streets of beggars, rogues and vagabonds and prevent further crime .
What are the laws surrounding the possession of cannabis in the UK?
The possession of cannabis is illegal in England and Wales but there have been calls to decriminalise it and allow its use for medicinal purposes.
What is Jaywalking?
When pedestrians cross the road with no regard for traffic regulations.
What are the laws surrounding Jaywalking?
Jaywalking is illegal in most of the urban areas of USA, Canada, Singapore and Poland. However, in the UK there is no law because it is considered personal responsibility to cross the road safely.
What is Female Genital Mutilation?
The deliberate mutilation of the female genitalia for non-medical reasons. It is usually carried out by girls under the age of 15 , in many parts of Africa, the Middle-east and Asia, prior to them engaging in sexual activity.
What are the laws surrounding FGM in the UK?
FGM is illegal in the UK due to the health implications and lack of choice.
What is the age of criminal responsibility in the UK?
10, this means that any child under 10 cannot be arrested, charged or prosecuted for a criminal offence no matter how much blame corresponds to them.
What are some examples of how the age of criminal responsibility vary across the world?
Canada - 12 Years Old
Bangladesh - 9 Years Old
China - 16 Years old
What is Manslaughter?
An unlawful killing without malice or an aforethought (previously planned) and in circumstances where it is not murder.
What is diminished responsibility?
A partial defense for murder resulting in a conviction for manslaughter instead of murder.
What is meant by mandatory?
Required by law.
What is consent in regard to guilt in an offence?
A defense in law that proves permission was provided by the appropriate person for the crime to occur.
What is self-defense?
A defense in law allowing the use of reasonable force to avoid a conviction.
What is automatism?
A defense in law where the defendant is not in control of their actions.
