Social Construction of crime Flashcards
how are laws applied differently in different circumstances?
Moral panic
Age of defendant
Typification
Homicide defences
describe moral panic
there is often different enforcement of the law during a moral panic, the police and courts enforce the law differently, offenders are more likely to get a custodial sentence as a way to deter others from committing the crime. e.g during the London riots 2011 crimes such a theft were punished much harsher
describe age
2 people may commit the same crime but are treated by the law differently, the age of criminal responsibility in England is 10 and if the offender is under 10 years old they can not be prosecuted. different age group are treated differently, younger offenders are more likely to get a second chance because the courts believe they can change
Describe typifications
Police enforcement can also differ when they are interacting with
certain groups or areas. From our studies in Unit 1, we know that
the police often use typifications (criminal stereotypes) when
deciding who to target for arrests and stop and searches. Research
states that the “typical criminal” is young, ethnic minority, male,
from a deprived area. This means the police are likely to target
people who fit this this criteria. This shows us that two people who
may have committed the same crime, will not be treated in the
same way by the police if one of them fits this “criminal stereotype”
and the other does not.
Describe homicide defences
Homicide defences also show us a different application of the law.
There are 3 special defences held in the Homicide Act 1957 which
are solely for the offence of murder. If a defendant can successfully
use one of these defences, they will not be punished in the same
way as a defendant who cannot use a defence.
Diminished responsibility can be used by defendants who have a
recognised medical condition which has substantially impaired their
ability to understand what they are doing or form a rational
judgement. The usual punishment for murder is 15-20 years in
prison, and parole for life. But if a defendant can successfully use
this defence, they will be sentenced to a whole life order in a mental
hospital.
Loss of control can be used when a defendant has “snapped” and
killed the victim because of something done or said by the victim.
This is a partial defence and so the if the defendant was successful
they would have their offence reduced to manslaughter from
murder. This would mean the sentence would be reduced.
Automatism can be used by a defendant who has not committed
the crime voluntarily. An external factor must have caused the
defendant to act involuntarily. This is often related to a head injury
and because of the concussion, the defendant has involuntarily
attacked someone. This is a complete defence, which means the
offender is found not guilty.
Why do laws change over time?
Developing human rights
Individualism
Secularisation
Major events
Describe developing human rights
As society becomes
more progressive,
they see the
inequalities in the
law and want to
make a change
Describe individualism
The belief that
individuals should
have the right to
choose how they
live their lives, so
long as they do no
harm to others. It
has become a
central value in
today’s culture
Describe secularization
As society becomes
less religious over
time, they move
away from their
tradition, religious
values. This can
mean laws which
reflect these values
need to change.
Describe major events
Large protests or
tragic events can
trigger the public to
push for a change in
the law.
Which laws changed over time?
Gun laws
Smoking laws
How have gun laws changed over time
In 1996, 16 children and one teacher were shot dead at Dunblane
primary school near Stirling in Scotland by Thomas Hamilton, an
unemployed former scout leader. Most of the weapons used,
including several semi-automatics capable of rapidly firing multiple
rounds were legally held. As a result the law was tightened in
1997 following a government enquiry led by a senior former judge,
Lord Cullen. John Major’s Conservative government introduced an
act banning all handguns except .22 single shot weapons. Following
Labours victory in the general election later that year, Tony Blair’s
government introduced a second Firearms (Amendment) Act,
banning the remaining handguns as well. Apart from some historic
and sporting weapons, it is now illegal to own a handgun in Great
Britain, and there has not been a mass shooting since.
How have smoking laws changed over time
Laws related to smoking have also changed over time
in the UK. In 1998, the Government proposed a law
titled “Smoking Kills” which aimed to protect workers
from secondhand smoke. Up to this point, smoking
was common everywhere. There were no restrictions on where
people could smoke – work offices, restaurants, pubs, inside any
building, on public transport, etc. Several reports were written by
leading health organisations/government bodies in charge of public
health. These reports encouraged governments to make a change
to the law to improve public health.
In 2004, the government proposed a law which banned smoking in
most public places and the workplace. After a few changes, this
included all public places and all workplaces. This law was passed
and was named the Health Act 2006. The Highway Code also added
a clause which advised against smoking whilst driving as it can be a
distraction. It would now be considered deviant to smoke in public
buildings or on public transport, showing how society’s norms have
changed. Public support of these laws increased over time.
4
In 2008, the government introduced a law which made cigarette
manufacturers display pictures of the dangers of smoking on
packets of cigarettes. This was done to deter people from smoking.
Smoking laws were extended in 2014, when the Children and
Families Act was introduced. This law made it illegal to smoke in a
car with a person under the age of 18. In 2016, standardised
packaging was introduced, there could be no branding except the
name of the company on the back of the packet, in a small font. The
rest of the packaging were the images of the dangers of smoking
How does adultery differ between cultures
Adultery
Adultery involves a sexual act between two people,
one or both of whom is married to another person.
However, what counts as a ‘sexual act’ may vary
between cultures and states.
Adultery is strictly condemned in the Christian Bible, but overtime
the UK has become less religious and so our opinions on acts such
as adultery have relaxed. In most countries, including the UK,
adultery is not against the law. It is however, seen as deviant. Some
countries have changed the law recently, such as India where it
ceased to be a crime in 2018.
Most societies that criminalise adultery are Muslim-majority
countries, through several Christian-majority countries in Africa
make adultery a criminal offence too. Pakistan is an example of a
5
country with strict adultery laws. It is a crime under the Hudood
Ordinance and the maximum punishment for adultery is death. This
law is particularly controversial because it makes it difficult for a
woman who has been victim of rape, not to be charged with
adultery. The Philippines also have controversial laws related to
adultery. The law here differs between men and women. A wife can
be charged with adultery, while a husband can only be charged with
the related crime of concubinage. This lower-level crime is not
defined well, and is easy for the offender to not be found guilty.
Adultery is no longer a crime in Europe, but it is still a crime in 17
states in the USA (although people are rarely prosecuted).
Punishment varies widely, from stoning to death (though this is
rare), to caning (Malaysia and Indonesia) to a fine (Rhode Island,
USA).
How does FGM differ between cultures
Female Genital Mutilation (FGM) comprises all procedures that
involve partial or total removal of the external female genitalia, or
other injury to the female genital organs for non-medical reasons.
It reflects deep-rooted inequality between the sexes and
constitutes an extreme form of discrimination against girls and
women. It is nearly always carried out by traditional practitioners
on minors and is a violation of the rights of children.
There is a consensus worldwide that FGM is a human rights
violation and needs to be eradicated. FGM is most commonly
practiced in Africa and some parts of Asia. But FGM is practiced
worldwide, in countries where it is legal and illegal. The laws
relating to FGM vary across the world. Some countries have specific
legislation which bans FGM, while others use existing legislation
(usually relating to child protection or violence against women) and
state that FGM is included within these laws. Other countries have
no law which prohibits FGM.
FGM is illegal in many countries, often with a severe punishment if
found guilty. For example, in the UK FGM is prohibited under the
Female Genital Mutilation Act 2003. If a person is found to have
performed FGM or taken their child to undergo FGM, they can be
sentenced to up to 14 years in prison. On the other hand, there are
some countries which have no laws prohibiting FGM. There are 25
countries where FGM is legal. Including: Pakistan, Philippines,
Malaysia, Libya, Jordan, and Chad. Some of these countries are
6
where FGM is the most prevalent. Statistics of FGM are difficult to
collect, and because of the nature of FGM we cannot know the true
number of victims. The World Health Organisation estimate that
there are more than 200 million girls and women alive today who
have undergone FGM.
Why do laws differ between cultures
Religion
Tradition
Norms and values
Position of women
Describe religion
Some religions allow
acts which others
would condemn.
Acts may be
permitted in
religious texts.
Describe tradition
Some acts are
practiced as they are
a tradition within
the culture.
Practices which have
been happening for
a long period of
time, are sometimes
difficult to stop. But
in another culture
the practice may not
be traditional.
Describe Norma and value
Different cultures
have different
norms and values.
One may see an act
as acceptable, while
another would see it
as deviant.
Describe position of women
Countries which
value women as less
than men, often
have laws which
reflect this.
How do laws differ between places
The use of cannabis for recreational purposes is illegal
in most countries. However, there many which have
legalised the use of cannabis. There are also some
countries who have reduced the punishments for personal
consumption of cannabis, but there are others who still have strict
cannabis laws. The laws surrounding cannabis differ depending on
recreational or medical use. More countries have legalised cannabis
7
for medical use, compared to for recreational use. Canada, Uraguy,
Mexico, and Thailand are some examples of countries who have
legalised the recreational use of cannabis. There is a much longer
list of countries who have legalised medical use – including,
Australia, Brazil, Denmark, Croatia, and Germany.
Some countries such as The Netherlands make a huge amount of
money from tourism (a lot of people go to Amsterdam to legally
smoke cannabis). Countries with more progressive governments
tend to be the ones who have legalised cannabis.
The punishments for cannabis use (where it is illegal) differ. Some
Asian and Middle-Eastern countries enforce several-year prison
sentences even for small amounts of cannabis. Whereas other
countries such as England and Wales, have less strict punishments
(fine or warning).
Why do laws differ between places
Prioritisation
Funding
Norms
Politics
Describe prioritisation
The crime which
is prioritised can
differ between
places, and this
can mean the law
needs to differ to
reflect this.
Describe funding
Some countries
receive money
from
organisations,
who pressure the
government to
make/change
certain laws.
