Unit 2 AC1.2 Social constructions of criminality Flashcards
Culture - Polygamy - What is it?
Having more than one husband or wife at the same time. Includes polygyny, polyandry and bigamy
Culture - Polygamy - Where is it a crime?
Most countries.
Culture - Polygamy - Where is it legal?
Mostly only in certain Muslim countries e.g. India, Malaysia, the Philippines, Singapore, Sri Lanka.
Culture - Polygamy - Reason: Religion
The Qu’ran permits Muslim men to take up to 4 wives.
Culture - Polygamy - Reason: Tradition
Polygamy has traditionally been practiced in some African societies.
Culture - Cannabis - What is it?
Laws vary widely – in general possession is treated more leniently than growing/supplying
Culture - Cannabis -Where is it a crime?
UK – an many other European countries
Culture - Cannabis -Where is it legal?
Legalised for medical use in Canada/some U.S. states. Decriminalised in Portugal.
Culture - Cannabis -Reason: Different norms and values
Societies with greater emphasis on personal freedoms more likely to not see it as a criminal act.
Culture - Cannabis -Reason: Different ideas about how to control drug use
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.
Culture - Homosexuality - What is it?
Sexual acts between members of the same sex.
Culture - Homosexuality -Where is it a crime?
75 countries outlaw male homosexuality. 45 outlaw lesbian activity. Some countries ban promotion of homosexuality e.g. Russia.
Culture - Homosexuality -Where is it legal?
UK, Europe, North and South America.
Culture - Homosexuality -Reason: Religion
Many religions condemn homosexuality.
Culture - Homosexuality -Reason: Public opinion
Some countries have high levels of support for a ban on homosexuality.
Culture - Homosexuality -Reason: Sexism
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.
Culture - Adultery - What is it?
A sexual act between two people, one or both of whom are married to someone else.
Culture - Adultery -Where is it a crime?
Many Muslim countries, some Christian African countries, 21 U.S. states.
Culture - Adultery -Where is it legal?
Most countries, including the UK and India.
Culture - Adultery -Reason: Religion
Many religions condemn adultery – this can influence law-making.
Culture - Adultery -Reason: Women’s position
Many countries where women occupy a subordinate position have unequal laws which forbid adultery.
Polygyny
When a man has more than one wife at a time.
Polyandry
When a woman has more than one husband at a time.
Bigamy
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.
Lesbian
A female who has sex with another female.
Decriminalisation
When the laws are relaxed so that punishments for a particular act are much less severe.
Legalisation
When a law is passed to make a particular act no longer a crime.
Gateway drug
A drug such as cannabis which may lead users to try stringer drugs in future.
Social construction
Something that has been made or defined by society rather than occurring naturally.
Time- Homosexuality- Changes over time
Made a crime in 1885 – legalised at 21 in 1967 in England and Wales, 18 in 1994, 16 in 2000
Time- Homosexuality-Reason: Wolfenden Report
Recommended that private acts over 21 be legalised in 1957
Time- Homosexuality-Reason: Campaigns
Successful campaigns by Homosexual Law Reform Society, Stonewall, and Campaign for Homosexual Equality
Time- Homosexuality-Reason: Politicians
Roy Jenkins, Home Secretary, and others supported campaigns for change
Time- Homosexuality-Reason: Human Rights
Belief that the state has no right to control citizen’s private lives.
Time - Drug- laws - Changes over time: Portugal
From 2001 possession became a civil offence if quantity less than 10 day personal supply
Time - Drug- laws -Reason: Revolution
In 1975 changed from dictatorship to democracy – increased openness led to influx of drugs
Time - Drug- laws -Reason: Public Health
State sees drug use as a public health issue and focuses on harm reduction
Time - Drug- laws -Reason: Scale of the problem
Sudden and rapid growth in the problem since 1975 – 1/100 of population addicted by 1990’s.
Time - Drug- laws -Reason: Economy
Belief that new law would reduce costs of drug use by 18%
Time - Physical Punishment - Changes over time
Death penalty offences reduced until it remained for just murder and treason, Capital punishment abolished in 1965, corporal punishment abolished in 1967
Time - Physical Punishment - Reason: Human rights
Capital punishment is a breach of the right to life.
Time - Physical Punishment - Reason: miscarriages of justice
If a person is wrongly found guilty and executed, nothing can be done to correct it
Time - Physical Punishment - Reason: not a deterrent
Most murders are committed in the heat of the moment without thought of possible punishment.
Time - Physical Punishment - Reason: decline in violence?
Norbert Elias argues society has undergone a civilising process in the last 500 years – physical punishment has been replaced by self-control
Time - Gun control laws - Changes over time
Following Hungerford shooting in 1987 and Dunblane in 1996 laws governing access to firearms were tightened. All handguns are now banned in UK
Time - Gun control laws -Reason: GCN Campaign
Set up by lawyers, academics, and parents of victims to campaign or tighter gun control laws
Time - Gun control laws -Reason: Snowdrop campaign
Started by bereaved Dunblane parents and their friends, organised a petition and collected 750000 signatures calling for a change in the law.
Time - Laws relating to children - Changes over time
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.
Time - Laws relating to children -Children and work
In 19th C young children worked – a series of Factory Acts gradually excluded them from the workplace
Time - Laws relating to children -Compulsory Schooling
Introduced in 1880 ensured basic education and kept children out of the workplace
Time - Laws relating to children -Child protection and welfare
E.g. 2004 Children Act made child’s welfare fundamental principle underpinning the work of social services
Time - Laws relating to children -Children’s rights
Parent now have responsibilities rather than rights – UN convention on the child lays down basic rights for children.
Time - Laws relating to children -Laws and policies that only apply to children
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
Capital punishment
Execution by hanging
Corporal punishment
Included flogging, birching, branding and being put in the stocks
Circumstances of the act - differential enforcement of the law - Moral panics
Minor offences committed during London Riots of 2011 more likely to receive custodial sentences
Circumstances of the act - differential enforcement of the law -Typifications: Chambliss
Police enforced the law more leniently against middle class ‘Saints’ and more harshly towards working class ‘Roughnecks’
Circumstances of the act - differential enforcement of the law -Typifications: Cicourel
Police more likely to regard working class with suspicion resulting in more arrests for this group
Circumstances of the act - differential enforcement of the law -Typifications: Piliavin and Briar
Situational factors including class, age, ethnicity, attitude towards the officer, time and place play a large part in decisions to stop or arrest
Circumstances of the Act - Age of criminal responsibility- Responsibility for criminal actions
Children below a certain age are unlikely to understand the full meaning of the act they have committed
Circumstances of the Act - Age of criminal responsibilityACR in the UK
10 years of age in England, Wales and NI. 12 in Scotland.
Circumstances of the Act - Age of criminal responsibilityYouth courts and punishments
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.
Circumstances of the Act - Age of criminal responsibilityPrison for children
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.
Circumstances of the Act - Homicide - Homicide Act 1957
Contains three special defences for murder when the defendant can plead not guilty despite having killed someone
Circumstances of the Act - Homicide - Diminished responsibility
Mental condition substantially reduces ability to understand what they were doing or form a rational judgement – reduces conviction to manslaughter
Circumstances of the Act - Homicide - Loss of control
A partial defence that may reduce the conviction to manslaughter
Circumstances of the Act - Homicide - Automatism
If the defendant can prove the act was involuntary, they can plead the defence of automatism
Moral panic
A moral panic is a feeling of fear spread among many people that some evil threatens the well-being of society.
Typifications
Ideas (usually held by the police) about what a typical criminal is like.
ACR
Age of Criminal Responsibility – the age below which a child is deemed not to have the capacity to commit a crime.
Homicide
The act of murder – killing someone with intent
Manslaughter
When a person kills another but without the intention required for a charge of murder.
Differential enforcement
When the law is not applied equally to everyone.
