The Social Construct of Criminality Flashcards
What is a social construct?
It is something that has been made or defined by society rather than occurring naturally.
Why is crime seen as a social construct?
Society decided what acts are seen as criminal and this can change varying from different cultures and groups, and peoples opinions can change overtime
What are the 4 reasons why laws can change?
- Circumstances
- Time
- Place
- Culture
Why do laws change depending on time?
Overtime laws can change based on our changing societies
Why do laws change based on circumstances?
Laws may be applied differently according to the circumstances in which a criminal act occurs
Why do laws change based on the place?
Different places can be policed differently due to the crimes being committed there
Why do laws change based on the culture?
The norms, values and mores can be different based on traditions and religion meaning that laws can be different around the world
What is an example of how laws are applied differently due to circumstances.
- Age of offender, if a 10 year old and a 27 year old commit the same crime the 10 year old is more likely to be let off with a warning
- Defences, if an offender has a homocide defence (eg. diminished responsibility) they will get put in a mental hospital whereas a normal person would be put in prison
- Moral panic, when there is a moral panic people are punished harder in an attempts to deter others (eg. London riots)
What are examples of how laws are applied differently depending on place.
- Jaywalking, a crime in the Uk that you could be fined for whereas it is completely normal in the UK
- Canabis, recreational use is legal in Amsterdam but is illegal in the Uk, but can be used for medical reasons but it is only rare
What are examples of how laws differ between cultures?
- FGM, illegal in the Uk can receive a 14 year prison sentence also recently became illegal in Sudan but is still common practice
- Polygomy, illegal in the UK (law called bigomy) can receive a 7 year prison sentence, legal and common in Utah
- Adultery, legal in the UK although it is not a norm, illegal in Pakistan and is punished by death