Explain the social construction of criminality Flashcards
What is the definition of adultery?
When two people have sexual relations when one or both are married to other people
What is Adultery’s legality in the UK?
It is not considered to be a criminal offence but it may have legal consequences such as a divorce
Where is adultery legal?
In the UK and European countries
Where is adultery illegal?
- countries governed by Islamic law such as Saudi Arabia
- almost half of the states in the USA consider it a crime but only as a minor offence
Why does the legality of Adultery vary in different cultures?
- religion, the Bible states that adultery is a sin
- may relate to the status of women who are owned by their husbands and could be treated as property
What is the definition of honour crimes?
Crimes where the accused have brought shame on their family such as by refusing to enter an arranged marriage
What is honour crimes legality in the UK?
These actions are crimes and if a killing is involved it is murder
Where is honour crime legal?
Most honour crimes take place within Asian and Middle Eastern families
Where is honour crime illegal?
In the UK, Europe, USA, Pakistan, etc…
Why does the legality of honour crimes vary in different cultures?
Such crimes are thought to have originated from tribal customs, where the allegation against a woman can damage a families reputation
What is the definition of homosexuality?
sexual attraction between people of the same sex
What is homosexuality’s legality in the UK?
Once it was illegal but was decriminalised in 1967 with age consent, initially civil partnerships and same-sex marriages can also take place
Where is homosexuality legal?
In the UK, Europe, USA and Canada
Where is homosexuality illegal?
India, Saudi Arabia, Iran, Yemen and Nigeria
Why does the legality of homosexuality vary in different cultures?
- religion, for example the Bible says that it is a sin
- in some cultures it is against the norms which results in intolerance or prejudice
How did the law for capital punishment change over time?
- in the 18th century there were over 200 offences for which the death penalty was a punishment
- the laws were made by the rich to protect themselves and their property and the laws were focused on the poor who were viewed as lazy
- now capital punishment is mostly frowned upon and approximately 109 countries have abolished capital punishment
Why has the law for capital punishment changed over time?
- the changing status of various social groups in society and their increased rights under the law
- cases showed a miscarriage of justice which not be put right if the person was deceased such as the Timothy Evans case
How did the law for double jeopardy change over time?
- the law prevented a person being tried again for the same offence
- now people can go to trial as many times needed even if they have been said to be not be guilty
Why did the law for double jeopardy change?
Ann Mings campaign resulted in the law being abolished meaning that people can be tried for the same offence
Name a case example where the double jeopardy law was abolished
The prosecution of Gary Dobson and David Norris for the murder of Stephan Lawrence
How did the law of protestation change overtime?
- prostitution was known as the world’s oldest profession and the act itself was legal but many activities connected to it were illegal
- society’s views changed as there was a decline in people believing in religion and an increase in moral tolerance
Why did the law of protestation change overtime?
It became illegal as there was cancer for the women’s safety and people were sometimes involved in prostitution against their will
How does the law of possession of cannabis differ in different places?
- possession of cannabis is illegal in the UK yet there has been calls to decriminalise it such as for medical purposes.
- In countries such as Columbia it is legal
- some countries view it as a recreational drug and others believe that medical properties should take priority over its legality
How does the law of jaywalking differ in different places?
- it is when individuals cross a road without regard to traffic regulations
- it is an offence in most urban areas such as in the USA, Canada and Singapore
- in the UK Jaywalking is not an offence because it is considered a personal responsibility to cross the road safely.
How does the law of FGM (female genital mutilation) differ in different places?
- it is the deliberate mutilation of female genitalia for non-medical reasons
- it is carried out in countries such as Africa, Middle East and Asia because it is connected to cultural, religious and social reasons
- this is illegal in the UK because of the understanding of the procedure, it is a painful operation and it can lead to mental illness after the procedure has been done
Name an example of where the law is applied differently according to circumstances (example 1)
- Age
- the age of criminal responsibility in the Uk is 10, meaning that a child under the age of 10 can not be arrested, charged or prosecuted for a criminal offence
-the age of criminal responsibility in Canada is 12 and in China it is genuinely under the age of 16
Name an example where the law is applied differently according to circumstances (example 2)
- there are occasions where the law allows an alternative charge of manslaughter to be made, when they have suffered from diminished responsibility or acted under a loss of control
- the partial defences are only used when individuals are charged for murder
- there are other defences that show a person is not guilty such as consent, self-defence and automatism
What is the definition of consent?
a defence in law that proves that permission was given by the appropriate person for the crime to occur
What is the definition of self-defence?
a defence in law allowing the use of reasonable force to avoid a conviction
What is the definition of automatism?
a defence in the law where the defendant is not in control of their actions
What are the reasons why laws are different according to place, time and culture?
- change in social and moral views
-opinions - religion
-knowledge
