Unit 1.2 Flashcards

Social construction of criminality

1
Q

what is the social construction of criminality?

A

refers to something that has been made or defined by society, rather than simply occurring naturally
therefore what counts as criminal is simply whichever acts a society defines as criminal

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2
Q

how does polygamy change from cultures?

A

Polygamy is legal in 58 countries, whole polyandry is confined to a handful of societies- mainly in Himalayas. In 5-multi cultural societies with Muslim majority, law permits polygamous marriages for Muslims.

Against the law in most countries. Eg: Turkey, Tunisia and UK

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3
Q

what is polygamy?

A

more than one husband or wife at a time

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4
Q

why does polygamy vary between cultures?

A

RELIGION- Qur’an permits Muslim men to take up to 4 wives- reflected in laws of most Muslim countries.
TRADITION- Has been traditionally practiced in some African societies, declined sharply in recent decades

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5
Q

What is adultery?

A

sexual act between 2 people where 1 or both is married

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6
Q

how does adultery laws vary between cultures?

A

ILLEGAL- Muslim-majority countries, several Christian majority countries in Africa make it an offence. Phillippines, Taiwan and 21 US states it is illegal

LEGAL- most countries include UK. Ceased to be a crime in India 2018

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7
Q

Why do adultery laws vary between cultures?

A

RELIGION- most religions condemn adultery. 10 commandments shared by Christianity, Islam and Judaism. In societies where law making is influenced by religion= often a crime

POSITION OF WOMEN- laws against adultery are often found in societies where women occupy a very subordinate position.

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8
Q

How do homosexuality laws vary between cultures?

A

ILLEGAL- Male homosexulaity illegal in 72 countries. Female illegal in 45 countries. In 6 countries conviction can result in death penalty. Russia its legal but bans promotion

LEGAL- UK, Europe, North & South America. Indonesia

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9
Q

Why do homosexuality laws vary between cultures?

A

RELIGION- Christianity, Islam and Judaism have traditionally condemned.
PUBLIC OPINION- Polls done by PEW research centre show higher levels of support for bans on homosexuality in some countries
SEXISM- male homosexuality is a crime in more countries than lesbianism is - may be due to sexist assumptions by male law-makers that women are uncapable

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10
Q

How do cannabis laws vary between cultures?

A

ILLEGAL- UK- possession= up to 5 yrs, supply= up to 14yrs, european countries have similar laws relating to cannabis
LEGAL- Canada, Urugury & Portugal have legalised for personal, recreational or medical use.

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11
Q

Why do cannabis laws vary between cultures?

A

Different norms & values- some believe it should be a crime whereas some believe it should be up to the person what they want to do with their body
Different ideas about control- some believe harsh punishments are the best way to prevent drugs whereas some decriminalise it.

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12
Q

what year where all homosexual acts between men made a crime

A

1885

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13
Q

what year were homosexual acts between males over 21 legalised in england & wales

A

1967

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14
Q

what year was homosexuality legalised in scotland

A

1980

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15
Q

what year was homosexuality legalised in NI

A

1982

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16
Q

what year was the age of consent reduced to 18

A

1994

17
Q

what year was the age of consent equalised to 16

A

2000

18
Q

why has the law changed regarding homosexuality laws? (4)

A

1.Wolfenden report
2. campaigns - homosexual law reform society 1958
3. politicans (Roy Jenkins)
4. human rights

19
Q

when was possession of drugs changed to a civil offence in Portugal?

A

2001

20
Q

why did the drug laws change in protugal

A

1975- Portugal had highest heroin addiction in Europe
PUBLIC HEALTH- focused on public health rather than CJS
Now around 4m of population die of HIV (from sharing needles for heroin) in portugal compared to 44m in England and Wales

21
Q

how have gun control laws changed over time

A

1997- all handguns besides a .22 single shot weapon were banned
Following Tony Blair’s victory- 2nd Firearms Act : banning all guns

22
Q

tell me about differential enforcement of the law

A

MORAL PANIC- during London Riots 2011- minor offences were more likely to receive a custodial sentence than in normal conditions
During Mods + Rockers in 1960s youths were given harsher punishments
TYPIFICATION- law enforced more on working-class. class, age, ethnicity and attitude towards officer plays a huge part in stop & search

23
Q

tell me about the age of criminal responsibility

A

10 in England, Wales and NI
Children are unable to understand the full meaning of the act they have committed and cannot be held responsible in the same way

24
Q

tell me about youth courts and punishment

A

-youth magistrates court
-less formal
-can impose sentecnes to Youth Detention Centers
-learn education, skills to get a job, sport and programmes to help with issues that may have contributed to their offending

25
Q

what are the 3 special defenced for homicide & what act are they contained in

A

Homicide Act 1957
1.Diminished responsibility: if D can show their mental condition sustainably reduced their ability to understand what they were doing, this reduced conviction to manslaughter
2. Loss of control: partial defencee that reduces to mansalughter
3.Automatism: crime must be a voluntary act: D must have consciously chosen to commit the act. If they can show that it was involuntary, they can plead the defence of automatism