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WJEC Criminology at PHS > Unit 2 AC1.2 Social constructions of criminality > Flashcards

Unit 2 AC1.2 Social constructions of criminality Flashcards

1
Q

Culture - Polygamy - What is it?

A

Having more than one husband or wife at the same time. Includes polygyny, polyandry and bigamy

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2
Q

Culture - Polygamy - Where is it a crime?

A

Most countries.

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3
Q

Culture - Polygamy - Where is it legal?

A

Mostly only in certain Muslim countries e.g. India, Malaysia, the Philippines, Singapore, Sri Lanka.

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4
Q

Culture - Polygamy - Reason: Religion

A

The Qu’ran permits Muslim men to take up to 4 wives.

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5
Q

Culture - Polygamy - Reason: Tradition

A

Polygamy has traditionally been practiced in some African societies.

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6
Q

Culture - Cannabis - What is it?

A

Laws vary widely – in general possession is treated more leniently than growing/supplying

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7
Q

Culture - Cannabis -Where is it a crime?

A

UK – an many other European countries

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8
Q

Culture - Cannabis -Where is it legal?

A

Legalised for medical use in Canada/some U.S. states. Decriminalised in Portugal.

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9
Q

Culture - Cannabis -Reason: Different norms and values

A

Societies with greater emphasis on personal freedoms more likely to not see it as a criminal act.

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10
Q

Culture - Cannabis -Reason: Different ideas about how to control drug use

A

Some governments see decriminalisation or legalisation as taking drugs out of the hands of criminals, others see cannabis as a gateway drug and seek to control its use.

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11
Q

Culture - Homosexuality - What is it?

A

Sexual acts between members of the same sex.

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12
Q

Culture - Homosexuality -Where is it a crime?

A

75 countries outlaw male homosexuality. 45 outlaw lesbian activity. Some countries ban promotion of homosexuality e.g. Russia.

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13
Q

Culture - Homosexuality -Where is it legal?

A

UK, Europe, North and South America.

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14
Q

Culture - Homosexuality -Reason: Religion

A

Many religions condemn homosexuality.

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15
Q

Culture - Homosexuality -Reason: Public opinion

A

Some countries have high levels of support for a ban on homosexuality.

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16
Q

Culture - Homosexuality -Reason: Sexism

A

Male homosexuality being outlawed in more countries may reflect sexist attitudes about women not being able to be attracted to members of the same sex.

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17
Q

Culture - Adultery - What is it?

A

A sexual act between two people, one or both of whom are married to someone else.

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18
Q

Culture - Adultery -Where is it a crime?

A

Many Muslim countries, some Christian African countries, 21 U.S. states.

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19
Q

Culture - Adultery -Where is it legal?

A

Most countries, including the UK and India.

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20
Q

Culture - Adultery -Reason: Religion

A

Many religions condemn adultery – this can influence law-making.

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21
Q

Culture - Adultery -Reason: Women’s position

A

Many countries where women occupy a subordinate position have unequal laws which forbid adultery.

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22
Q

Polygyny

A

When a man has more than one wife at a time.

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23
Q

Polyandry

A

When a woman has more than one husband at a time.

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24
Q

Bigamy

A

An offence in the UK – being married to more than one person at the same time. Punishable by up to 7 years in prison/fine/both.

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25
Q

Lesbian

A

A female who has sex with another female.

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26
Q

Decriminalisation

A

When the laws are relaxed so that punishments for a particular act are much less severe.

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27
Q

Legalisation

A

When a law is passed to make a particular act no longer a crime.

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28
Q

Gateway drug

A

A drug such as cannabis which may lead users to try stringer drugs in future.

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29
Q

Social construction

A

Something that has been made or defined by society rather than occurring naturally.

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30
Q

Time- Homosexuality- Changes over time

A

Made a crime in 1885 – legalised at 21 in 1967 in England and Wales, 18 in 1994, 16 in 2000

31
Q

Time- Homosexuality-Reason: Wolfenden Report

A

Recommended that private acts over 21 be legalised in 1957

32
Q

Time- Homosexuality-Reason: Campaigns

A

Successful campaigns by Homosexual Law Reform Society, Stonewall, and Campaign for Homosexual Equality

33
Q

Time- Homosexuality-Reason: Politicians

A

Roy Jenkins, Home Secretary, and others supported campaigns for change

34
Q

Time- Homosexuality-Reason: Human Rights

A

Belief that the state has no right to control citizen’s private lives.

35
Q

Time - Drug- laws - Changes over time: Portugal

A

From 2001 possession became a civil offence if quantity less than 10 day personal supply

36
Q

Time - Drug- laws -Reason: Revolution

A

In 1975 changed from dictatorship to democracy – increased openness led to influx of drugs

37
Q

Time - Drug- laws -Reason: Public Health

A

State sees drug use as a public health issue and focuses on harm reduction

38
Q

Time - Drug- laws -Reason: Scale of the problem

A

Sudden and rapid growth in the problem since 1975 – 1/100 of population addicted by 1990’s.

39
Q

Time - Drug- laws -Reason: Economy

A

Belief that new law would reduce costs of drug use by 18%

40
Q

Time - Physical Punishment - Changes over time

A

Death penalty offences reduced until it remained for just murder and treason, Capital punishment abolished in 1965, corporal punishment abolished in 1967

41
Q

Time - Physical Punishment - Reason: Human rights

A

Capital punishment is a breach of the right to life.

42
Q

Time - Physical Punishment - Reason: miscarriages of justice

A

If a person is wrongly found guilty and executed, nothing can be done to correct it

43
Q

Time - Physical Punishment - Reason: not a deterrent

A

Most murders are committed in the heat of the moment without thought of possible punishment.

44
Q

Time - Physical Punishment - Reason: decline in violence?

A

Norbert Elias argues society has undergone a civilising process in the last 500 years – physical punishment has been replaced by self-control

45
Q

Time - Gun control laws - Changes over time

A

Following Hungerford shooting in 1987 and Dunblane in 1996 laws governing access to firearms were tightened. All handguns are now banned in UK

46
Q

Time - Gun control laws -Reason: GCN Campaign

A

Set up by lawyers, academics, and parents of victims to campaign or tighter gun control laws

47
Q

Time - Gun control laws -Reason: Snowdrop campaign

A

Started by bereaved Dunblane parents and their friends, organised a petition and collected 750000 signatures calling for a change in the law.

48
Q

Time - Laws relating to children - Changes over time

A

Children today are seen as innocent and needing protection but they used to be treated the same as adults in work and by the law.

49
Q

Time - Laws relating to children -Children and work

A

In 19th C young children worked – a series of Factory Acts gradually excluded them from the workplace

50
Q

Time - Laws relating to children -Compulsory Schooling

A

Introduced in 1880 ensured basic education and kept children out of the workplace

51
Q

Time - Laws relating to children -Child protection and welfare

A

E.g. 2004 Children Act made child’s welfare fundamental principle underpinning the work of social services

52
Q

Time - Laws relating to children -Children’s rights

A

Parent now have responsibilities rather than rights – UN convention on the child lays down basic rights for children.

53
Q

Time - Laws relating to children -Laws and policies that only apply to children

A

Such as minimum ages for a wide range of activities from sex to smoking reinforce the idea that children are different to adults and subject to different rules

54
Q

Capital punishment

A

Execution by hanging

55
Q

Corporal punishment

A

Included flogging, birching, branding and being put in the stocks

56
Q

Circumstances of the act - differential enforcement of the law - Moral panics

A

Minor offences committed during London Riots of 2011 more likely to receive custodial sentences

57
Q

Circumstances of the act - differential enforcement of the law -Typifications: Chambliss

A

Police enforced the law more leniently against middle class ‘Saints’ and more harshly towards working class ‘Roughnecks’

58
Q

Circumstances of the act - differential enforcement of the law -Typifications: Cicourel

A

Police more likely to regard working class with suspicion resulting in more arrests for this group

59
Q

Circumstances of the act - differential enforcement of the law -Typifications: Piliavin and Briar

A

Situational factors including class, age, ethnicity, attitude towards the officer, time and place play a large part in decisions to stop or arrest

60
Q

Circumstances of the Act - Age of criminal responsibility- Responsibility for criminal actions

A

Children below a certain age are unlikely to understand the full meaning of the act they have committed

61
Q

Circumstances of the Act - Age of criminal responsibilityACR in the UK

A

10 years of age in England, Wales and NI. 12 in Scotland.

62
Q

Circumstances of the Act - Age of criminal responsibilityYouth courts and punishments

A

Most countries have separate courts to deal with offenders below a certain age. In England and Wales this goes up to 17. They are less formal than adult courts.

63
Q

Circumstances of the Act - Age of criminal responsibilityPrison for children

A

Youth courts can not send anyone to prison. They can send them to detention centres or impose training orders to be carried out in a secure centre.

64
Q

Circumstances of the Act - Homicide - Homicide Act 1957

A

Contains three special defences for murder when the defendant can plead not guilty despite having killed someone

65
Q

Circumstances of the Act - Homicide - Diminished responsibility

A

Mental condition substantially reduces ability to understand what they were doing or form a rational judgement – reduces conviction to manslaughter

66
Q

Circumstances of the Act - Homicide - Loss of control

A

A partial defence that may reduce the conviction to manslaughter

67
Q

Circumstances of the Act - Homicide - Automatism

A

If the defendant can prove the act was involuntary, they can plead the defence of automatism

68
Q

Moral panic

A

A moral panic is a feeling of fear spread among many people that some evil threatens the well-being of society.

69
Q

Typifications

A

Ideas (usually held by the police) about what a typical criminal is like.

70
Q

ACR

A

Age of Criminal Responsibility – the age below which a child is deemed not to have the capacity to commit a crime.

71
Q

Homicide

A

The act of murder – killing someone with intent

72
Q

Manslaughter

A

When a person kills another but without the intention required for a charge of murder.

73
Q

Differential enforcement

A

When the law is not applied equally to everyone.

WJEC Criminology at PHS (30 decks)

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