AC1.2 - Social constructs of crime

Question 1

What is a social construct?

Answer 1

An idea or concept that has been created by people in society through shared beliefs and interpretations

Question 2

What is culture?

Answer 2

The “way of life” of a particular group of people which includes their shared values, beliefs and norms

Question 3

What are the three laws that change from culture to culture?

Answer 3

Bigamy and Polygyamy, Homosexuality, Adultery

Question 4

What does polgyamy mean?

Answer 4

The practice of having more than one partner/spouse at the same time

Question 5

What are the two forms of polygyamy?

Answer 5

Polygyny and Polyandry

Question 6

What is polygyny?

Answer 6

One man marrying two or more women

Question 7

What is polyandry?

Answer 7

One woman marrying two or men

Question 8

What is monogamy?

Answer 8

A person would only have one partner or spouse

Question 9

What is bigamy?

Answer 9

The act of legally marrying someone while already being legally married to another person

Question 10

Under what Act is bigamy illegal in the UK?

Answer 10

Matrimonial Causes Act 1973

Question 11

Why are bigamy laws different across culture? Give examples..

Answer 11

Mostly because of different religious beliefs - Christianity strictly defines marriage as a monogamous institution, Islam sacred texts arguably endorse polygamy

Question 12

What is homosexuality?

Answer 12

The sexual or romantic relationship between two people of the same sex or gender

Question 13

Under what Act is homosexuality legal in the UK?

Answer 13

Sexual Offences Act 1967

Question 14

What Act changed the age of consent for homosexuality?

Answer 14

Sexual Offences (Amendment) Act 2000

Question 15

How many countries still illegalise homosexuality? Give two examples..

Answer 15

61 countries - Morocco, Saudi Arabia, Iran, Mauritania, Somalia

Question 16

Why are the laws of homosexuality so different across culture?

Answer 16

Religious beliefs in different cultures can lead to homosexuality being illegal if the country is very non-secualrised.
Political culture, as more democratic countries allow more freedom of expression and speech which has fueled the social change around homosexuality.
An increase in LGBTQ+ representation within the media and mainstream/popular culture, normalising homosexuality.

Question 17

What is adultery?

Answer 17

A married person engaging in voluntary sexual intercourse with a person who is not their spouse

Question 18

In the UK is adultery a crime or deviant behaviour?

Answer 18

It is considered a deviant act and has not been a crime in the UK since the Matrimonial Causes Act 1857.

Question 19

Under what Act can adultery be used as a ground for divorce?

Answer 19

Matrimonial Causes Act 1923

Question 20

Why are the laws for adultery different across cultures?

Answer 20

Womens improved position in society and the rise of gender equality has changed the laws due to women in old social values being ‘property’ of their husbands so these laws protect women.
Religious beliefs - Christianity and Islamic religions are against adultery and non-secularised countries will view adultery as severe.
Politicians may also be to scared to speak up about getting rid of adultery laws because they dont want to lose public support from people who then think they are ‘in favour’ of adultery.

Question 21

What’s the difference between places and culture?

Answer 21

Places are physical locations including different countries and societies, or different places within the same country.
Culture is the ‘way of life’ of a particular group and cultures can be different in every country and even the same country.

Question 22

Name 2 examples laws changing across places:

Answer 22

The laws on cannabis and abortion

Question 23

What Act makes cannabis illegal in the UK?

Answer 23

Misuse of Drugs Act 1971

Question 24

In what countries is cannabis legal?

Answer 24

Netherlands - the possession and growing of small amounts of cannabis is not subject to prosecution.
Canada - legalised recreational use of cannabis.
Italy - personal possession of cannabis is not a criminal offence.

Question 25

In what other countries is cannabis illegal?

Answer 25

France - the possession and use of cannabis remains prohibited and can be punished by one year’s imprisonment or a fine of up to 4,000 euros.
Germany - possession of cannabis remains a criminal offence.
Sweden - no distinction between ‘hard’ and ‘soft’ drugs and both can be imprisonment.

Question 26

What different places in the same country have different laws on drugs?

Answer 26

In Durham UK the police dogs dont target recreational cannabis users and similar in the west midlands. In Cheshire UK the police service is still actively targeting recreational cannabis user.

Question 27

Under what Act is abortion legal in the UK?

Answer 27

Abortion Act 1967

Question 28

What countries is abortion illegal in?

Answer 28

Egypt, Iraq, Jamaica, Malta, Philipines - don’t permit abortion under any circumstances

Question 29

In what countries is abortion legal?

Answer 29

UK, Finland, India - available on a broad social and economic grounds that take into consideration the pregnant persons situation

Question 30

In what country is the law on abortion different across place?

Answer 30

In the USA the legality depends on the state you are in - some states completely legalise it and some have a complete ban

Question 31

why do laws change over time?

Answer 31

Society and our legal system are constantly changing and evolving as a result of changing social norms, values, and moral codes of society.

Question 32

What are the three main Acts that changed the laws on homosexuality over time?

Answer 32

Buggery Act 1533 - male homosexuality was targeted for persecution
Sexual Offences Act 1967 - partially legalised same-sex acts in the UK between men over the age of 21 conducted in private
Marriage (Same-sex couples) Act 2013 - allowed same-sex couples in England and Wales to marry

Question 33

What are the three main Acts that changed the laws on smoking over time?

Answer 33

Television Act 1964 - introduced a ban on advertising cigarettes on tv
Health Act 2006 - introduced a ban on smoking in public places such as work, restraunts, pubs etc.
Children and Families Act 2014 - an offence for an adult to buy cigarettes for anyone under the age of 18 and for an adult to smoke in the car with a child present

Question 34

What are the relevant examples for the laws being applied differently according to circumstances?

Answer 34

Age - Jamie Bulager case
Defences for murder - partial and full
Aggravating and mitigating factors

Question 35

How was the law applied differently in the Jamie Bulger case?

Answer 35

The two boys were 10 years old so the circumstances of their age caused the law to be applied differently. They weren’t sent to a maximum prison, they were sent to a young offender instution and their minimum sentence was reduced from 15 years to 8 years

Question 36

What are the two partial defence for murder?

Answer 36

Diminished responsibility and Loss of control

Question 37

What is partial defence?

Answer 37

Only apply to murder offences and because they are only partial they can only reduce murder to manslaughter

Question 38

What is full defence?

Answer 38

Where the defendant uses reasonable and proportionate force to defend themselves or another, to avoid being killed.

Question 39

What is an aggravating factor? Give an example

Answer 39

Circumstances that make the offence worse and therefore more likely to get a harsher sentence - if a weapon was used

Question 40

What is a mitigating factor? Give an example

Answer 40

Circumstances that make the offence less severe and might result in a more lenient sentence - having no previous convictions