Explain the Social Construction of Criminality (AC 1.2) Flashcards
Social Construction of Criminality
Criminality is a social construct, it is defined differently based on culture, time and place as societies norms, values and moral codes are all different depending on these factors.
Social Construct
Not something which occurs naturally. In terms of criminality this means that: what society counts as criminal is just what it defines as criminal.
How laws change from culture to culture Example. Mention the:
-Definition of act
-Cultures where legal
-Cultures where illegal
-Reasons for variation
Adultery = sexual acts between two people, one (or both) of whom is married to someone else.
It the UK it’s not considered criminal other than possibly having legal consequences in a divorce proceeding, just like many other European cultures. However, most US states and countries governed by a religious law define adultery as a crime.
This variation is mostly due to religion as many of them condemn adultery and can influence the laws of a country, also the status of women in a culture- i.e regarding them as property- will also influence any possible law making adultery illegal.
How laws change over time Example. Mention the:
-Definition of act
-Historical context
-Present day
-Reasons for change
Homosexuality = sexual activity between people of the same birth sex.
In (UK) 1885 homosexuality was made a crime, with a possible life sentence. It started to become legal due to the Sexual Offences Act 1967, it was made legal for men aged 21+ and the age for consent was reduced to 16 eventually in 2000.
Campaigns, such as The Homosexual Law Reform Society, had public figures backing up their ideals. Additionally, there was a human rights element to it- governments have no right to use their laws to control citizen’s private lives.
How laws change in different places Example. Mention the:
-Definition of act
-Cultures where legal
-Cultures where illegal
-Reasons for variation
Possession of Cannabis = owning/ having access to a cannabis supply.
Places such as Columbia, Canada, Uruguay… all have made cannabis possession legal unlike places such as the UK. (Though even these countries can have it policed differently based on area)
The variation here is based on the majorities basic view on cannabis in a country, certain places see it as recreational (so it is illegal), but others view it as medicinal (so they legalise it)
How laws are applied differently according to circumstance: Differential Enforcement of the Law
The law is not always enforced equally, for example: in times of Moral Panics any act committed, even petty crimes, are likely to be punished harsher than any previous ones before - as a way of “teaching a lesson” and showing the public there’s nothing to fear. Also, Typifications can influence how seriously people view a crime because of the offender’s looks/ style.
Moral Panic
Instances of mass public anxiety in response to a perceived problem regarded as threatening the moral standards of society
Typifications
To find an offenders actions to be more criminal based on the ‘type’ of person they are- stereotyping based on the typical idea of what a criminal looks like.
How laws are applied differently according to circumstance: Age of Criminal Responsibility
The age at which you are deemed responsible for any criminal actions varies (For most of the UK it is 10), you cannot be held responsible for a crime if you are under the age and arguably don’t understand the meaning of your actions.
If two people where to commit the same crime the law is only applies to the one who is over the age of criminal responsibility.
How laws are applied differently according to circumstance: Homicide
The unlawful ending of a person’s life can have the law applied differently for a few reasons: Diminished Responsibility, Loss of Control or Automatism.
Diminished Responsibility
A dense for murder, resulting in a manslaughter conviction instead, for cases in which the defendant’s mental condition substantially reduced their ability to understand their action
Loss of Control
A defense for manslaughter being that the defendant went through extreme provocation
Automatism
A defense in law where the defendant is argued not aware/ in control of their actions at all due to sleepwalking or a blackout, this means they did not mean to commit the act
Manslaughter
Unlawful killing of a person without malice or premeditation. (No Actus Reus)
Example of a case involving diminished responsibility
Sally Challen. Murdered her abusive husband and was sentenced to life in prison, after 9 years of imprisonment it was ultimately decided that she killed him by reasons of diminished responsibility as a victim of abuse and coercive control.
