unit 2 ac1.2 Flashcards
what do we mean when we say that crime is socially constructed
refers to something that has been made of or defined by society rather than occurring naturally
crime is socially constructed because it changes based on time, place, culture and situation
Polygamy and Polyandry
How and why the law changes across cultures
In the Uk its illegal to commit bigamy- result in 7 years in prison
Polyagmy legal in some- India Sri Lanka
Religion doesnt encourage affairs or secret relationships so its legitimate
Polyandry less common- takes place in isolated villlage in Himalayas
Practical- preserves farm and future
Acts as a birth control- limits population growth
Adultery
How and why the law changes across cultures
Legal in most but seen as deviant
Uk
High levels of secularisation so less likely to be seen as criminal
Illegal in Indonesia
religion with traditional views are more likely to see it as criminal
Religious beliefs are prominent so being faithful is important
Homosexuality
How and why the law changes across cultures
Legal in Europe/America
due to high levels of secularisation and importance of equality
In 12 countries the death penalty is imposed
Illegal in Uganda
Very traditional christian views
Same sex relationships
How and why the law changes over time
Sexual Offences Act(1956) made same sex sexual activity illegal
Societal views are conservative and hostitle to christianity in a traditional christian society
Sexual Offences Act made consenting acts of over 21s in private legal
Compromise between public concern and legal recognition but age of consent for hets was 16
Sexual Offences Act(2000) made consenting acts of over 16s in private legal
Campaign and Stonewall
Abortion Laws
How and why the law changes over time
Offences against the person act(1861)
Abortion criminalised until woman life at risk
Abortion Act(1967)
Legalised up to 24 weeks
Campaigns for change
Changing ideas in human rights and medical knowledge of unsafe abortions
Child Labour
How and why the law changes over time
Pre 19th seen as normal
Factory Act 1843
After industrial revolution
Public health concerns
Education Act 1918
Economic and educational factors
Votes for women
How and why the law changes over time
right to vote for over 30s owning households 1918
Changing in norms/values/human rights
Campaigns and suffragettes movement
All women over 18 gained right to vote regardless of ownership 1928
Laws of guns
How and why the law changes over time
Need firearma certificate issued by police
Campaign for change after gunman shot 10 children in primary school shooting
Firearm act 1968
Explain case of Ruth Ellis and if she would be charged today
In 1955 Ellis was hanged for the murder of her lover Blakely and became the last woman executed in Britain
Blakely was violent
Ellis could have been driven there and given gun by other lover, Casser
With so much evidence today she would be charged with manslaughter not murder
Explain case or Derek Bentley and if he would be charged today
Bentely a 19yr old with severe learning difficulties was hung for the murder of a policeman during a burglary
His 16 yr old accomplise who fired the fatal shot was still a juvenile so escaped the death sentence
Officers heard Bentely encouraging Craig to let him have it
He would be charged with wrongful conviction in todays age
Different enforcement of the law
Example and why its applied differently
Unduly harsh sentences
Stole bottle of water
Normal no real consequences
London riots
Threw bottle on fire- prison
Age of criminal responsibility
Example and why its applied differently
England-10
Murder of Jamed Bulger(2)
By two 10 yr olds, Thompson and Venbals
Beat on railway line with rocks/bar/sexually then ran over with train
Given new identities and rehabilitation
Got lenient punishment from detention and released at 18
Venbals reoffended and got caught downloading and distributing child pornography
Homocide
Sally Challen killed husband of 40 years with hammer
conviction for murder downgraded to manslaughter because she was isolated/ abused and lied to
Her loss of control of her mental state lead to a breaking point
Diminished responsibility
reduces conviction from murder to manslaughter because of mental state
