Pink booklet - Social Construction of Crime Flashcards
what is bigamy and what are the two types of polygamy?
Bigamy= is the act of legally marrying someone while already being legally married to another person.
Polygamy= more than one partner at the same time.
1) Polygyny= one man marrying more than one woman
2)Polyandry= one women marrying more than one man
where is polygamy legal and illegal?
Legal = Saudi Arabia
UAE
Illegal = Uk
Russia
under what law is polygamy illegal in the UK?
The matrimonial causes act 1973
why are bigamy laws different across culture?
- Due to religion for example, some Christian countries see marriage as monogamous like the UK and USA.
- some Islamic countries believe a man should marry more than one woman (4)
- hindu law also allows polygamy if the woman can’t have kids
- moments also allow it as it’s ‘plural marriage’
what is homosexuality and where is it legal and illegal?
= it is the sexual or romantic relationship between two people of the same sex or gender
Legal = Uk
Illegal = Africa
Middle E + South East Asia
under what law is homosexuality legal in the UK?
Sexual offences amendment act 2000
What are the three reasons as to why homosexuality laws are different across culture?
1) Religion beliefs- legal in secularised countries (UK) and illegal in areas that are strictly religious (IRAN).
2) Political culture- Democratic countries allow more freedom (UK), authoritarian countries limit these (Brunei)
3) increase an LGBTQ representation within the media
What is adultery, and what countries is it illegal and legal in?
Adultery is a married person engaging in voluntary sexual intercourse with a person who’s not their spouse.
legal = Uk
Italy
illegal = Pakistan
Somalia
P + S both prohibit (zina)
Under what law is adultery legal in in the UK?
Matrimonial causes act 1857
- can be used as grounds for divorce under the matrimonial causes act 1923
What are the 3 reasons why adultery laws differ across Cultures?
1) Women’s improved position in society and the rise of gender equality. Original adultery laws were based on the old social value that wives were the ‘property’ of their husbands. As such the United Nations has issued numerous calls to governments to repeal laws that criminalise Adultery, arguing that they are predominantly used to discriminate against women.
2) Religious beliefs, All religions universally prohibit Adultery and class it as morally wrong. In Christianity ‘Thou shalt not commit Adultery’ is one of the 10 commandments alongside ‘Thou shalt not kill. In Islam, ‘zina’ is one of the ‘forbidden deeds’, and is one of the most serious sins after murder.
3) Politicians are afraid to speak out and publicly say that they are in favour of removing the anti-adultery laws. By doing this, it could give the public the impression that they are ‘in favour’ of Adultery and risk losing public support.
What is cannabis? Where is illegal and where is it legal?
= cannabis is an illegal class B drug under the (misuse of drugs act 1971) it is allowed for exceptional clinical needs under the (misuse of drugs regulations 2018) for medical cannabis.
Illegal= Netherlands
Brazil
Legal= France
Germany
In what different areas within the same country is cannabis deprioritised?
Deprioritised in UK places: Durham UK- in the West Midlands police divert people caught with it to awareness courses where in Cheshire the police is actively looking for users.
USA: In the USA the legality of Cannabis depends on which State you are in. Some states legalised cannabis including recreational use, some have legalised limited medical use and others still have a complete ban on the drug.
What is abortion, and under what law is abortion legal in the UK?
The deliberate termination of a human pregnancy.
In the UK abortion was decriminalised under the Abortion Act 1967 - allows Abortions in the first 24 weeks of pregnancy.
Which countries is abortion legal and illegal in?
Legal = UK
India
Illegal = 26 countries
Egypt
Iraq
*illegal in some states in the USA ( alabama, texas ) , legal in other states ( hawaii, california ).
What law decriminalised Homosexuality in the UK?
decriminalised in 1967 under the Sexual Offences Act.
what are the three main laws towards homosexuality in the UK?
1) Buggery Act 1533 - male homosexuality was targeted for persecution.
2) Sexual Offences Act 1967 - partially legalised same-sex acts in the UK between men over the age of 21 conducted in private.
3) Marriage (Same-Sex Couples)
Act 2013 - went further, allowing same-sex couples in England and Wales to marry.
What was and what year was the first evidence linking lung cancer to smoking published in?
British Medical Journal 1950
what are the three main laws towards smoking in the UK?
1) The Television Act 1964 -
Introduced a ban on advertising cigarettes on TV.
2) Health Act 2006 - introduced a ban on smoking in public places
such as work restaurants, pubs etc.
3) Children and Families Act
2014 - it is now an offence for an adult to buy cigarettes for anyone under 18 and to smoke in a private vehicle carrying children under 18.
What is the age of criminal responsibility in the UK, China and Canada
UK- 10 years old
China - 16 years old
Canada - 9 years old
What is the supporting example of the age circumstance?
The Jamie Bulger case:
In 1993, 2 year old Jamie Bulger was abducted from a shopping centre in Bootle, Merseyside, by Jon Venables and Robert Thompson (both
aged 10 years old). His body was found on a railway line, beaten to death with bricks and a metal
bar. They were arrested, charged and found guilty of Abduction and Murder.
If had been legal adultswould have received a life sentence with a minimum of 15 years in prison and they would have spent the majority of this sentence in a Category A prison with other adult offenders However, due to the circumstance of the offender’s age (both only being 10 years old) did both receive a life sentence but with a minimum of 8 years imprisonment at Young Offenders Institute which focused on Therapy and Rehabilitation than punishment. In 2001, both released and given new identities.
What are the two partial defences for murder?
Diminished Responsibility: if defendant suffers from an abnormality of mental function due to a mental condition and they are unable to form a rational judgement.
Loss of Control: if defendant was provoked by things said or done to lose self-control enough to make a reasonable person do as the defendant did.
- Only apply to murder reduced motor manslaughter.
What is a full defence for murder?
self defence could be full defence to murder and would mean the defendant would be completely acquitted - defendant use reasonable and proportionate force to defend themselves or another, to avoid being killed.
what do you need to be found guilty of murder?
You need to have actus reus ( guilty act) and mens rea (guilty mind)
What are aggravating factors?
Circumstances that make the offense worse and therefore more likely to get a harsher sentence
