social construction of criminality-LO1

Question 1

Social construction=

Answer 1

something has been defined by society, rather than it be natural

. So, what counts as criminality is simply whatever society defines as criminal

. These definitions can change across different societies

. Certain societies condone certain behaviour and others don’t.

Question 2

3 reasons why the social construction of crime differs

Answer 2

.Culture

.Time

.Circumstance

Question 3

polygamy (culture)

What is it =

Answer 3

the practice of having more than one wife or one husband at the same time.

Question 4

Where is it legal=
Where is it a crime=

Answer 4

Where is it legal= legal in 58 countries- mainly in the Himalayas. Most societies where it is legal are Muslim countries, such as India, Malysia and the Philippines.

Where is it a crime= against the law in most countries. Polygamy is illegal in most of Europe; including the UK. In the UK up to 7 years in prison.

Question 5

Reasons the law varies between cultures=

Answer 5

Religion= the Qur’an permits Muslim men to take up 4 wives. And in America the Mormon church still permit it illegally now.

Tradition= polygamy has traditionally been practiced in some African societies.

Question 6

Adultery (culture)

What is it

Answer 6

sexual act between 2 people, were one or both are married

Question 7

Where is it a crime =
Where is it legal=

Answer 7

where is it a crime most societies that criminalize adultery are Muslim countries ( India. Malaysia, Philippines) . Some Christian African societies have made it a criminal offence

Where is it legal= in most countries, including the UK it is only seen as deviant.

Question 8

Why does it differ by culture=

Answer 8

it is more common in societies where women are oppressed and misogynism is rife. Certain religions view it as a sin.

Question 9

Homosexuality (culture)
What is it=

Answer 9

sexual act between members of the same sex

Question 10

Where is it a crime=
Where is it legal=

Answer 10

Where is it a crime=illegal in 72 countries. In six countries it can result in the death penalty. Largely in Muslim based countries. Some countries such as Russia homosexuality is not illegal, but the law bans its promotion

Where is it legal= legal in most of America and Europe, including the UK.

Question 11

Reason the law varies between cultures=

Answer 11

Religion= many religions such as Christianity, Islam, and Judaism believe homosexuality is a sin.

Sexism= the fact male homosexuality is a crime in more countries than lesbianism may be due to sexism. Male law makers assume women are unable to be attracted to each other.

Question 12

Cannabis (culture)

What is it=

Answer 12

a class C drug

Question 13

Where is it legal=
where is it a crime=

Answer 13

Where is it legal= some places have legalized possession for personal recreational use, such as some states in America

Where is it a crime= in the UK possession can be punishable to 5 years in prison; supply with 14 years.

Question 14

Reasons the law varies between cultures=

Answer 14

different norms and values= societies with a greater emphasize on individual freedom may see drug use as victimless or as an individual choice.

Question 15

over-arching reasons crime differs across cultures

Answer 15

Religion= because actual law in different countries is based on the main religion within the country. Religious texts suggest certain acts are sinful.

. The status of women within that culture= in some culture’s men have different status to women. Women are perceived as having to be subservient to men, and as a result legal and societal rights may vary.

. Varying views on justice=what is seen as an appropriate legal system varies between cultures. Some countries use financial pay offs for victims, well others believe that is perverting the course of justice.

Question 16

homeosexuality= reasons laws differ over TIME

1) when did it become illegal =
101) original sentencing for homosexuality
2) when did it become legal=

Answer 16

1) Original law= In the UK male homosexuality was made a crime in 1885
1.1) with a maximum sentence of life imprisonment. Same sex relationships with men were illegal.

2) How the law changed= homosexuality was legalized in 1967 in England and Wales.UK-

legal age changed for homosexuality to 16 - year 2000

Question 17

homesexuality=reasons laws differ over TIME

Answer 17

.Why it changed= The Wolfenden report= after the IIWW there was an increase in prosecution s of gay men. After several trials the government set up a committee under sir john Wolfenden to consider reform in the law.

Why it changed= Human rights=the supreme court decided that the government had no right to control the public’s private lives.

Question 18

1) Drug laws changed over time =
2) reason for change

Answer 18

1)Possession of some drugs have become a criminal offence while in some cases some drugs have been decriminalized over time.

The Portuguese case= from 2001, possession of drugs was changed from a crime to a civil offence, if the quantity involved was less than for a ten-day personal supply. This new law applied to both hard and soft drugs.

2) Reason for change= sudden and rapid growth in the scale of drug addiction in Portugal, this led to calls for drastic action

Question 19

Gun control changed over time=

1) how has the law changed ?
2) why did the law change ?

Answer 19

1) the law was tightened in 1997, following a government enquiry. The Conservative government introduced an act banning all handguns except single shot weapons. When labor won the following election, they introduced a second firearms act banning any remaining handguns.

2) In the UK, laws governing access to firearms changed following two mass shootings- law changed due to public outcry

. Example= Michael Ryan shot and killed 16 people in Berkshire.

Question 20

Physical punishment- changes of law over time
1)original law=
2) changed law=
reason why law changed=

Answer 20

1) many crimes- such as murder- punishable by capital punishment (death penalty)
2) Abolished in 1965
3) The death penalty does not appear to act as a deterrent. Most murders are committed in the heat of the moment without any thought of possible punishment.
. breaches Human rights act = it violates fundamental human right- right to life

Question 21

LAW CHANGING ACCORDING TO CIRCUMSTANCE

what does this mean ?

Answer 21

2 people who commit the same crime should be treated equally; but this is not always the case

. Some circumstances can justify a crime based on the situation. (Strict liability/self-defense ext.)

Question 22

what do we call this ?

Answer 22

differential enforcement

Question 23

definition of differential enforcement=

Answer 23

different rules for different people in different circumstances. Laws are not enforced equally.

Question 24

Differential enforcement theory=
what are the 3 theories

Answer 24

saints and roughnecks’ theory
cicourel (typification)
Piliavin and Briar= situational factors

Question 25

saints and roughnecks' theory=

Answer 25

Studied 2 groups of youths- middle class (saints) working class (rough necks) . When both groups committed the same offence, the police enforced the law more strictly against rough necks. . It proved the police are harder on working class youth than middle-class youth

Question 26

cicourel (typification) =

Answer 26

The police hold ideas about what the typical “delinquent” is. . Usually working class, male, bas attitude to authority, ethnic minority . This means police are more suspicious of these individuals, meaning higher arrests of this group.

Question 27

Piliavin and Briar= situational factors =

Answer 27

Situational factors play a large role in why police officers arrest people . These include class, ethnicity, age, attitude, officer, place, and time of day.

Question 28

what are the 3 main reasons differential enforcement occurs ?

Answer 28

. age . the homicide act 1957 . media

Question 29

explain how age causes differential enforcement ? 1) what is the age of criminal responsibility (UK)= 2) example of crime that shows children are treated differently to adults by law= 3) how are children punished differently by law=

Answer 29

1) 10-years-old= If you are below the age of 10 children are deemed to not have the capacity to commit a crime. - cannot be deemed responsible. 2) Example= In 1993, two 10-year-old boys Robert Thompson and James Vendable, abducted, tortured and killed 2-year-old James Bulger. His mutilated body was found on a railway line. The killers were given life sentences. However, both killers were handed new identities protected by a court injunction ordering life-time anonymity in 2001. 3) Youth courts and punishment = 10-17 years old ,Less formal, Members of the public are not allowed to watch the proceedings, Cannot be sent to prison.

Question 30

explain how the homicide Act of 1957 causes differential enforcement ? what are the three pleas in the homicide Act =

Answer 30

. diminished responsibility . Automatism . loss of control

Question 31

diminished responsibility=

Answer 31

Diminished responsibility- if a defendant can show that their mental condition substantially reduced their ability to understand what they were doing or form a rational judgement- this reduces the conviction to manslaughter.

Question 32

Automatism=

Answer 32

Automatism- a crime must be a voluntary act- the defendants must have consciously chosen to commit it. If they can show that it was involuntary. They can plead the defense of automatism. (example=blackmail, threat).

Question 33

loss of control=

Answer 33

Loss of control- a partial defense that may reduce the offence to manslaughter.

Question 34

explain how media representation can cause differential enforcement example=

Answer 34

2011 London riots. due to a shooting of a local black man by a metropolitan police officer, riots broke out in London. The riots quickly spiraled out of control resulting in theft, property damage and violence. Within the media the riots were exaggerated identifying clear folk devils as “hooded teenagers” causing panic in society. The Police force needed to address the public outcry and assure them that this would not reoccur, and they were in control. This resulted in harsh sentencing. Custodial and summary offences both showed an increase, with one man being sent to prison for stealing a bottle of water.

Question 35

Reasons the law doesn't change over time. =

Answer 35

The process of making/changing a law can be slow. . Law can be left to fall out of usage rather than changing . Parliamentary time is in demand and used for more urgent issues . Reasons for passing law may still be applied today-change unnecessary . Changes in morality can often lag behind- laws are not progressing as fast as how people's opinions and morals change. . Victimless crimes- are not seen as important to change. People do not mind the crime occurring.