UNIT 2 - AC1.2 - SOCIAL CONSTRUCTION Flashcards
laws that vary between cultures
polygamy - punishable up to seven years in prison (UK)
under islamic law, men can have up to four wives as long as they are mentally and financially stable
homosexuality - legalised in the UK, still illegal in places such as India and Iran
laws that vary over time
vagrancy - vagrancy act 1824, clears streets of beggars however society has now accepted legitimate reasons for being homeless
homosexuality - illegal under sexual offences act 1967…. same sex legalised under marriage act of 2013
DOUBLE JEAPORDY LAW
laws vary due to place
cannabis - illegal in england and wales (misuse of drugs act 1971) , legal in some states of USA
FGM - illegal in UK under female genital mutilation act 2003
legal in africa, middle east and connected to cultural reasons
rule of law definition
everyone is subject to the law and that it should be applied equally to all
laws applied differently due to circumstances in which they occur
age of criminal responsibility UK = 10
children under 10 cannot be arrested or charged for a crime
18 and over are trialed as an adult
children under 18 are trialed differently to adults
examples of mitigating factors
psychiatric illness
loss of control
gross negligence
describe typification study - chambliss (1973)
studied two groups of youths: saints (middle class), roughnecks (working class)
he found police enforce laws more harshly against working class
piliavin and briar (1965)
found situational factors play a part in police decisions about stopping and arresting a person
individuals class, ethnicity, sex, attitude towards officer, day or night etc
two people could commit the same crime but one is more likely to be arrested than the other