LO1, Social Structure Flashcards
Social construction of crime
- refers to someone that has been made or defined by society, rather than occurring naturally
- what counts as criminality is simply which ever acts a society defines as criminal
Historical and cross cultural evidence
-shows that what is classed as criminal/deviant can change overtime and vary between cultures
What is culture
- includes the social behaviour and norms in human societies
- the shared values, beliefs, customs and traditions of a specified group of people
How do laws change from culture to culture
- religious beliefs
- tradition
- public opinion
- different norms and values
- the status of different groups of people within a culture
How do laws change over time
- changing norms and values
- campaigns for change
- landmark events or cases
- political backing
- growing knowledge and understanding as a result of research
Examples of laws changing
- homosexuality
- guns
- child labour
- capital punishment
- double jeopardy
- prostitution
Changing laws in different places
- same actions aren’t criminal offences even in places that have similar cultures, e.g, UK/USA
- not policed the same way in England than wales
Changing laws in different places, examples
- cannabis: Durham police don’t prioritise people who grow it, but Cumbria do
- possession is illegal in England an wales, but has been decriminalised in some countries with a similar culture
- within England the law is policed differently according to police priorities and resources
How are laws applied to different cultures
- in theory the law is applied equally to everyone:
- two people suspecte of the same crime should be treated, in the same way by the criminal justice, there are different circumstances which laws are applied to
How are laws applied to different cultures, examples
- moral panic
- stereotypes/typifications
- age of criminal responsibility
- grounds of diminished responsiblilty
Stereotypes/typifications
- the law might be enforced differently against different groups in society
- police officer and judges hold typifications about which people are ‘typical criminals’ often based on gender/race/class/ethnicity
- these factors can influence the application of formal sanctions
Age of criminality responsibility
-two people may commit the same criminal act but will be treated differently by the law if they are below the age of criminal responsibility
- criminal responsibility in:
- Scotland=12
- EU= no lower than 12
- England= 10
- wales and northern island= 10
Grounds of diminished responsibility
- if a défendent can show that their mental conditions sustainability reduced their ability to understand what they were doing or their ability to form a rational judgement
- this reduces the conviction from murder to man slaughter