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.