Criminology: AC1.2 - JC Flashcards
Explain the Social Construction of Criminality
Where is homosexuality a crime?
There are 69 countries that have laws that criminalise homosexuality,
nearly half of which are in Africa. However, in some African countries
there has been moves to decriminalise same-sex unions. There are 11
jurisdictions where the death penalty is imposed or at least is a
possibility. The six that implement it are; Iran, Northern Nigeria, Saudi
Arabia, Somalia and Yemen.
What is Homosexuality?
Sexual acts between members of the same sex are treated as crimes in a
number of countries.
Where is Homosexuality legal?
Homosexuality is legal in the UK, Europe and North and South America.
Reasons why the law varies between cultures?
Religion - many religions, including Christianity, Islam and Judaism, have traditionally condemned homosexuality.
Public opinion - Polls by the Pew Research Center show higher
levels of support for bans on homosexuality in some countries.
Some of these are countries where religion has a strong
influence (e.g. Egypt)
How Laws change from culture to culture
CANNABIS
Cannabis:
Laws on cannabis vary widely between different societies. In general,
possession of cannabis for personal use is treated more leniently than
growing, importing or selling cannabis.
Where is it a crime?
In the UK, possession can be punished with up to 5 years in prison and
supply with 14 years.
This is for a Class B drug. Many other European countries have similar
laws.
Where is it legal?
Some places have legalised possession for personal recreational or
medical use, e.g. Netherlands, Portugal etc.
Reasons why the law varies between cultures?
● Different norms and values- societies with an emphasis on individual
freedoms may see drug use as victimless or as an individual’s right to
do as they wish with their body.
Different ideas how about best to control drug
Different ideas how about best to control drug use?
● In some societies, they take the stance that the best way to prevent
drugs causing harm is by taking a tough stance to deter their use.
● By contrast, some societies see legalisation or decriminalisation as a way
to take cannabis out of the hands of criminal suppliers and to reduce
harm by enabling users to get help for their problems.
● Some countries prefer to treat this as a medical issue and ensure safe
practices are available, rather than private use which can be dangerous.
Gun Control Laws:
Changes over time - In the UK, laws governing access to firearms changed following two mass shootings:
● In 1987, Michael Ryan, an unemployed antique dealer, shot and killed 16 people
in Hungerford, Berkshire.
● In 1996, 16 children and one teacher were shot dead at Dunblane primary school
near Stirling in Scotland by Thomas Hamilton, an unemployed scout leader.
Most of the weapons used were legally held!
As a result, the law was tightened in 1997. The government introduced an act banning all handguns except .22 single shot weapons. Later on that year, a second act was introduced, banning the remaining handguns as well.
It is now illegal to own any handgun in Great Britain.
Gun Control Laws:
Reasons why the law changed:
●The Gun Control Network- set up by lawyers,
academics and parents of victims to campaign
for tighter gun control laws.
●The 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.
Laws relating to Children:
Changes over time -
● The historian Philippe Ariès argues that until the 13th Century, “the
idea of childhood did not exist”. Children were put out to work from
an early age and were in effect ‘mini-adults’ with the same rights
and duties as everyone else.
● The law often made no distinction between children and adults, and
children could face the same severe punishments as those
handed out to adults.
● Over time, the idea of childhood as a separate stage in life gradually
developed and society became more ‘child centred’.
● Parents invest a great deal in their children both emotionally and
financially and the state takes a great interest in their wellbeing.
Changes in laws:
Changes in the law -
● Laws excluding children from paid work- In the 19th century, children as young as six
were widely used in cotton-mills, coal-mines and other industries. A series of Factory
Acts gradually excluded children from the workplace.
● Compulsory schooling- Introduced in 1880, it ensured a basic education for all and
also had the effect of keeping children out of paid work
● Child protection and welfare legislation- such as the 2004 Children Act made the child’s welfare the fundamental principle underpinning the work of agencies such as
social services.
● Children’s rights- The Children Act defines parents as having ‘responsibilities’ rather
than ‘rights’ in relation to children, while the United Nations Convention on the Rights
of the Child (1989) lays down basic rights such as entitlement to healthcare and
education, protection from abuse etc.
● Laws and policies that only apply to children- E.g. minimum ages for a wide range of
activities, from sex to smoking etc.
Laws relating to Children:
Childhood is a very good example of social construction. Although
everyone goes through a biological stage of physical immaturity in
the first years of life, how society has defined this phase has varied
greatly over time.
In British Society today, the dominant idea of childhood is of a special time of happiness. We see children as fundamentally
different from adults: vulnerable, innocent and in need of
protection and nurturing. As a result, in many ways children are
kept separate from the adult world and its dangers.
Laws concerning physical punishment:
In the past, physical punishment for criminal behaviour was common. At
various times in British history, criminals could be punished by capital
punishment (hanging) or corporal punishment (e.g. caning, branding
with hot irons, being put into the stocks).
Changes in Law:
- Capital Punishment was finally abolished in Britain in 1965.
- Corporal punishment also gradually disappeared thereafter from
institutions like school and prison.
Laws concerning physical punishment:
Reasons for changes:
● Capital Punishment is now regarded as a breach of the most basic
human right- the right to life.
● Nothing can be done to correct a miscarriage of justice, where a
person executed is later proven to have been innocent.
●The death penalty does not appear to act as a deterrent.
● Some writers argue that changes in law are the result of a long-term
decline in violence and progress in average levels of education. Physical
punishment to control behaviour has gradually been replaced by
self-control.
Drug Laws:
Drug laws in the United Kingdom have evolved significantly over the
years. Here is an overview of the historical changes in drug laws in the UK:
Early Regulation (19th Century):
In the 19th century, various substances, including opium and cocaine,
were available and unregulated.
The Pharmacy Act of 1868:
Began to regulate the sale and distribution of certain substances but did
not criminalize their possession or use.
The Dangerous Drugs Act of 1920:
- Was a significant turning point in UK drug legislation. - This act aimed to control the sale and possession of certain drugs, including
opium, morphine, and cocaine. - It established a licensing system for those who wanted to manufacture, possess, or distribute these drugs.
The Misuse of Drugs Act 1971:
The Misuse of Drugs Act 1971 is one of the most important pieces of drug
legislation in the UK.
It classified drugs into three classes (A, B, and C) based on their potential
harm, with Class A drugs considered the most harmful.
Possession, supply, and production of drugs in these classes were made
illegal and subject to criminal penalties.
The Act also created the Advisory Council on the Misuse of Drugs (ACMD)
to provide expert advice on drug classification and policy.
The Psychoactive Substances Act 2016:
The Psychoactive Substances Act 2016 was introduced to address
“legal highs” by banning the production and sale of substances that
produce psychoactive effects, regardless of their chemical composition.
Recent Developments:
The UK government has shown some flexibility in its approach to drug
policy in recent years, with an increasing focus on harm reduction
measures.
There has been ongoing debate about the decriminalization of drug
possession for personal use, especially for substances like cannabis.
Drug Laws - Portugal:
Changes over time -
- The Portuguese case is an interesting example. From 2001,
possession of drugs was changed from a crime to a civil offence, if the quantity involved was less than for a
ten-day personal supply. The new law applied to all
substances- i.e. ‘hard’ drugs such as heroin and ‘soft’ drugs such as cannabis. - The thinking behind the decriminalisation was that
drug-use should be regarded as a public health issue aimed at harm reduction. Users are referred to health and
other support services rather than being prosecuted.
Decriminalisation Vs legalisation:
Decriminalisation vs legalisation
Decriminalisation: to stop something from being illegal- e.g., the
campaign to decriminalise marijuana
Legalisation: the act of allowing something by law- e.g., the legalisation of drugs
Example: In Portugal they decriminalised the possession of all drugs for
personal use, and this will not result in a criminal record or
imprisonment. However, it is treated as a health issue and drugs are still
illegal.
Socially, why the law changed?
●The basic reason for the change was the sudden and rapid growth
in the scale of drug addiction in Portugal. By the 1990s, one in every
100 of the population was addicted to heroin. This led to drastic
action to tackle the problem.
●It was also felt that, as a relatively poor country, the new law would
reduce the costs resulting from drug use and one source points to a
saving of 18%.
How laws are applied differently according to
circumstances in which actions occur:
In theory, the law is applied equally to everyone. Two different people suspected of the same crime should be treated in the
same way by the justice system.
However, this is not always the case. There are several ways in which laws may be applied differently according to the
circumstances in which a criminal act occurs
How laws are applied differently according to
circumstances in which actions occur:
Differential enforcement of the law
- Theorists, Piliavin and Briar found that ‘situational factors’ play a large part in police officers’ decisions to stop and arrest a person. These included the individual’s: class, age, gender and ethnicity, attitude towards the officer, the location and time of day or night.
Typifications (cultural assumptions) - Shown by the work of Chambliss who studied 2 groups of youths, the middle-class ‘Saints’ and the working-class ‘Roughnecks’. He found that, while both groups committed offences, the police enforced the law more strictly against the Roughnecks.
Moral Panics - Those convicted of relatively minor offences committed during the London riots of 2011, such as theft, were more likely to receive custodial sentences than similar cases committed under ‘normal’ circumstances.
Age of criminal responsibility
● Two people may commit the same criminal act but will be treated
differently by the law if one of them is below the age of criminal
responsibility.
● The age of responsibility varies from place to place. In England, Wales and Northern Ireland it is 10 yrs old. In Scotland it is 12 yrs
old.
Youth Courts and Punishments:
Children or young people may be treated differently by the justice system. Most countries have separate courts to deal with offenders below a certain age.
In England and Wales, youth courts are special magistrates’ courts
that hear cases involving people aged 10 to 17.
