Explain the social construction of criminality

Question 1

What is the definition of adultery?

Answer 1

When two people have sexual relations when one or both are married to other people

Question 2

What is Adultery’s legality in the UK?

Answer 2

It is not considered to be a criminal offence but it may have legal consequences such as a divorce

Question 3

Where is adultery legal?

Answer 3

In the UK and European countries

Question 4

Where is adultery illegal?

Answer 4

• 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

Question 5

Why does the legality of Adultery vary in different cultures?

Answer 5

• 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

Question 6

What is the definition of honour crimes?

Answer 6

Crimes where the accused have brought shame on their family such as by refusing to enter an arranged marriage

Question 7

What is honour crimes legality in the UK?

Answer 7

These actions are crimes and if a killing is involved it is murder

Question 8

Where is honour crime legal?

Answer 8

Most honour crimes take place within Asian and Middle Eastern families

Question 9

Where is honour crime illegal?

Answer 9

In the UK, Europe, USA, Pakistan, etc…

Question 10

Why does the legality of honour crimes vary in different cultures?

Answer 10

Such crimes are thought to have originated from tribal customs, where the allegation against a woman can damage a families reputation

Question 11

What is the definition of homosexuality?

Answer 11

sexual attraction between people of the same sex

Question 12

What is homosexuality’s legality in the UK?

Answer 12

Once it was illegal but was decriminalised in 1967 with age consent, initially civil partnerships and same-sex marriages can also take place

Question 13

Where is homosexuality legal?

Answer 13

In the UK, Europe, USA and Canada

Question 14

Where is homosexuality illegal?

Answer 14

India, Saudi Arabia, Iran, Yemen and Nigeria

Question 15

Why does the legality of homosexuality vary in different cultures?

Answer 15

• 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

Question 16

How did the law for capital punishment change over time?

Answer 16

• 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

Question 17

Why has the law for capital punishment changed over time?

Answer 17

• 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

Question 18

How did the law for double jeopardy change over time?

Answer 18

• 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

Question 19

Why did the law for double jeopardy change?

Answer 19

Ann Mings campaign resulted in the law being abolished meaning that people can be tried for the same offence

Question 20

Name a case example where the double jeopardy law was abolished

Answer 20

The prosecution of Gary Dobson and David Norris for the murder of Stephan Lawrence

Question 21

How did the law of protestation change overtime?

Answer 21

• 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

Question 22

Why did the law of protestation change overtime?

Answer 22

It became illegal as there was cancer for the women’s safety and people were sometimes involved in prostitution against their will

Question 23

How does the law of possession of cannabis differ in different places?

Answer 23

• 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

Question 24

How does the law of jaywalking differ in different places?

Answer 24

• 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.

Question 25

How does the law of FGM (female genital mutilation) differ in different places?

Answer 25

• 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

Question 26

Name an example of where the law is applied differently according to circumstances (example 1)

Answer 26

• 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

Question 27

Name an example where the law is applied differently according to circumstances (example 2)

Answer 27

• 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

Question 28

What is the definition of consent?

Answer 28

a defence in law that proves that permission was given by the appropriate person for the crime to occur

Question 29

What is the definition of self-defence?

Answer 29

a defence in law allowing the use of reasonable force to avoid a conviction

Question 30

What is the definition of automatism?

Answer 30

a defence in the law where the defendant is not in control of their actions

Question 31

What are the reasons why laws are different according to place, time and culture?

Answer 31

• change in social and moral views
  -opinions
• religion
  -knowledge