SOCIAL CONSTRUCTION OF CRIME Flashcards
Define what is a crime (2)
Any act that breaks the criminal law and is punishable by law with formal punishments (e.g. Imprisonment) and for a court to consider an act as a crime, it must contain two elements:
Actus reus - a guilty act
Mens rea - a guilty mind (intentions)
Define what is deviance (2)
Behaviour that differs from the normal and can refer to acts that are considered unusual or uncommon. This is punishable through informal punishments (e.g. exclusion from social groups). Crime can be deviant but not all deviance is criminal, e.g. Jumping the queue
Give three examples of formal sanctions
Imprisonment
Probation
Fines
Give three examples of informal sanctions
Exclusion from social groups
Name calling
Judging looks
Who came up with the idea of moral panics
Stanley Cohen (1973)
Define what is a moral panic
When the media exaggerates and sensationalises an event causing large amounts of fear to spread through the public and demand for a crackdown on the crime
Give three examples of moral panics
Cohen : Mods and Rockers - Gang violence
2017 Manchester bombing - Terrorism
XL bully - Dangerous dogs
Give three examples of laws from culture to culture
Polygamy
Adultery
Homosxuality
Give three examples of laws over time
Laws relating to children
Homosexuality
Laws concerning physical punishment
Give three examples of laws according to place
Compulsory language in schools - England vs Wales
Possession of cannabis
The use of E-Scooters
Briefly explain polygamy, where it is legal and why the law changes between cultures
The practice of having more than one wife or husband at the same time:
Polygyny - man takes 2+ wives
Polyandry - woman takes 2+ husbands
Polygyny is legal in 58 largely Muslim countries (e.g. Saudi Arabia), polyandry is legal in a handful of societies (e.g. The Himalayas).
Is illegal in most countries. In the UK, anyone who goes through a marriage ceremony whilst married to someone else is committing bigamy.
Why : (Religion and Tradition)
The Qur’an permits Muslim men to take up to 4 wives and the laws in most Muslim majority countries reflect this.
In the USA, the Mormon Church continues to practice polygamy illegally.
Polygamy is socially acceptable in some societies (e.g. African societies) though it is sharply declining
Briefly explain adultery, where it is legal and why the law changes between cultures
Involves a sexual act between two people and either one or both is married to another person
Legal in most countries, including UK. It ceased to be a crime in India in 2018.
Most societies that criminalise adultery are Muslim-majority countries. Several Christian-majority countries in Africa see adultery as a criminal offence.
Why : (Religion and The Position of Women)
Most religions condemn adultery due to the 10 commandments (shared between Judaism, Islam and Christianity)
Laws against adultery are often found in societies where women occupy more subordinate positions to men.
Briefly explain homosexuality, where it is legal and why the law changes between cultures
Sexual acts between members of the same sex
Is legal in the UK, Europe and North and South America. Although it is illegal in many Muslim countries, in Indonesia, the world’s largest Muslim state by population, it is legal.
Male homosexuality is illegal in 72 countries and in 45 so are lesbian relationships. In 6 countries (e.g. Saudi Arabia and Iran) it can result in the death penalty. It is illegal to ‘promote’ homosexuality in some countries (e.g. Russia) but the act itself is legal.
Why : (Religion and Public Opinion)
Many religions traditionally condemn homosexuality (e.g. Christianity, Islam and Judaism)
Polls by the Pew Research Centre show higher levels of support for bans on homosexuality in some countries. Religion tends to have a strong influence in these places, e.g. Egypt
Briefly explain how and why time contributes to change in laws relating to children
Society has changed its view of childhood greatly over time. It is now seen as vulnerable and innocent as society has become more child centered compared to childhood up until the 13th century; Historian, Phillipe Aries said the idea of childhood didn’t exist as children were put to work at an early age and were viewed as ‘mini-adults’. Many laws have changed over time in order to protect children within society.
Why :
Exclusion of children from paid work - 19th century, children as young as 6 used in cotton mills, coalmines and other industries. A series of Factory Acts gradually excluded children from the workplace.
Compulsory schooling - (1880) ensured basic education for all and kept children out of paid work
Child protection and welfare legislation - 2004 Children Act made child’s welfare the fundamental principle underpinning the work of agencies such as social services
Changing norms and values - Smaller family sizes means feel need to protect the children we do have. Led to introduction of minimum ages (e.g. sex, smoking and drinking)
Briefly explain how and why time contributes to change in laws regarding homosexuality
(1885) in the UK, all homosexual acts between men were made a crime with a maximum sentence of life imprisonment. However, (1967) homosexual acts between males over age 21 were legalised in England and Wales and (1980) in Scotland and (1982) in Northern Ireland. The age of consent was reduced to 18 in 1994 and then equalised with heterosexuals at 16 in 2000.
Why :
The Wolfenden Report - By 1954 there were over 1000 gay men in prison due to the increase in prosecutions after WW2. Due to this, government set up a committee under Sir John Wolfenden to consider reformation. Committee recommended homosexual acts in private between two consenting adults over 21 to be legalised.
Campaigns - The Homosexual Law Reform Society successfully campaigned for a change in law that legalised gay sex in 1967. Further campaigns (e.g. Stonewall and the Campaign for Homosexual Equality) led to the age of consent equalising at 16.
Briefly explain how and why time contributes to change in laws concerning physical punishment
Physical punishment for crime has been hugely popular in the past. Criminals could be punished by capital punishment (e.g. hanging) or corporal punishment (e.g. branding with hot irons)
Capital punishment was abolished in Britain in 1965
Corporal punishment was abolished in 1967
Why :
Norms and values have changed - Capital punishment in the UK is now regarded as a breach of the most basic human right - the right to life
Miscarriages of justice - Where a person executed is later proven to have been innocent (e.g. Derek William Bentley)
It is not a deterrent - It has been accepted that the death penalty isn’t a deterrent for crimes such as murder. Most murders are committed in the heat of the moment without even thinking about the possible punishments
Briefly explain how and why laws change according to place - Compulsory language in schools (Wales vs England)
From September 1999, the law stated that children in Wales must learn Welsh up until they are 16, meaning they must complete it at GCSE level as either a first or second language
Why :
Although Wales and England are both part of British culture, Wales is it’s own unique place aiming to continue the tradition of maintaining its own language as it is part of their heritage
Briefly explain how and why the laws on the possession of cannabis change according to place
Cannabis possession is illegal in England and Wales
However, in England the law is policed differently according to police priorities and resources:
Durham police do NOT prioritise people who grow cannabis for personal use
Cumbria police DO prosecute
Why:
Different places have different levels of resources and in turn will choose which crimes need prioritising over others. This means that although possession of cannabis is illegal, being prosecuted for it will vary between places
Briefly explain how and why laws on the use of E-Scooters change according to place
Private E-Scooters can only be used on private land. If you use one illegally, you can face a fine.
There are 23 boroughs (including Salford) where trials of rental scooter are taking place. In these areas, rental scooters can only be used in cycle lanes
Why :
Since 2019 there have been 37 deaths involving E-Scooters so although they ‘could’ be cost/energy efficient transport, they continue to be restricted
Briefly explain how laws are applied differently according to circumstance - Moral panic
Give an example
The media’s presentation of crimes can cause moral panics and when something is exaggerated and causes the public to panic, it pressures the police to apply laws differently in order to crack down on the crime.
(2011) The London Riots took place in protest against the killing of Mark Duggan by the police. The media sensationalised this and caused a moral panic. Harsh punishments were given out for minor thefts which wouldn’t have led to imprisonment in other circumstances
Briefly explain how laws are applied differently according to circumstance - Typifications leading to differential enforcement of the law
Give an example
The law can be enforced differently against different groups in society due to the typifications held by police of who they expect ‘typical criminals’ to appear as. This is often based on class, gender and ethnicity.
Chambliss studied two youth groups, the middle-class ‘saints’ and the working-class ‘roughnecks’. Both groups committed offences but the police strictly targeted the roughnecks.
This shows that stereotypically, people view working-class individuals as most likely to be criminals.
Briefly explain how laws are applied differently according to circumstance - Homicide
In the (1957) Homicide Act there are three special defences which exist solely for the offence of murder, where defendants can plead not guilty despite having killed someone:
Diminished responsibility - If defendant can show their mental health condition substantially reduced their ability to form a rational judgement for their actions, it can reduce their conviction to manslaughter.
Loss of control - A partial defence which can reduce conviction to manslaughter.
Automatism - To convict someone of murder it must be voluntary and they must have consciously chosen to commit it (actus reus). If they can show it was involuntary, they can plead the defence of automatism.
