Unit 1 : Social Constuction Of Crime Flashcards
What does it mean by the social construction of crime ?
whether an act is criminal or not is determined by society.
As a result, there are many things that were not illegal in the past which are now legal or legal and now illegal.
Crime can change according to :
PLACE
Some places of the world crime can be approached differently
JAYWALKING: illegal in the USA but legal on the UK
POSSESSION OF CANNABIS: illegal in uk but legal in Columbia.
FEMALE GENITAL MUTATION: illegal in jk but carried out in Africa,Middle East and Asia (cultural bound)
Crime can change according to:
CULTURE
Crime can change and is different in many cultures
HONOUR CRIME: takes place in most Asian cultures where they justify there behaviours due to religion , but illegal in UK ,USA and Europe.
HOMOSEXUALITY 1967: changed under the sexual offences act was a crime but no longer is . Some cultures may see as criminal and deviant going against there religion where as some don’t.
Crime can change according to:
TIME
Overtime crime can change aswell as moral value and views change.
THE SMOKING BAN 2007: illegal to smoke in enclosed places. Most recently Under the children and families act was illegal to smoke in a vehicle with anyone under 18
HOMOSEXUALITY 1967: seen as a crime to be homosexual but by society it was decriminalised and is not seen as a crime anymore
Crime can change according to:
CIRCUMSTANCES
Crime can change for different reasons but it depends.
MENS REA/ACTUS REUS- if both take place crime can be punishable and considered a crime. But the law allows alternative charges such as for Manslaughter or self defence.
AGE OF CRIMINAL RESPONSIBILITY: in the uk to be 10 or under you cannot be arrested for a crime ,in Bangladesh it is 9 and China under 16
Social Norms
What is considered normal in society such as queuing up in puplic places or wearing clothes in puplic
Values
Rules which are given in society which are more generalised then norms such as respect ,honest and manners
Moral codes
Morals Individuals have in society which age considered serious such as murder which is breaking a moral code
