Unit 2- Social Construction of Criminality (1.2)

Question 1

Changes in law- Culture: Polygamy

Answer 1

Polygamy is the practice of having more than on marital partner.
In the UK- Illegal
Other Countries- India, Malaysia- Legal
Why: Religious region, such as Islam, it permits men to take up to four wives, reflected in muslim majority laws.

Question 2

Changes in law- Culture: Adultery

Answer 2

Adultery involves the sexual act between someone who is married to another
In the UK- Legal
Other Countries- Christain Majority e.g Nigeria Illegal
Why: Most religions condemn adultery, reflected in 10 commandments. Where laws are strongly reflected by religion, adultery is a crime.

Question 3

Changes in law- Culture: Homosexuality

Answer 3

Sexual acts between members of the same sex.
UK- Legal
Other Countries- Qatar- Illegal
Why: Most religions have traditionally condemned homsexuality,. Where religon has a strong influence over law-making, more likely to make homosexuality a crime.

Question 4

Changes in law- Culture: Cannabis

Answer 4

Possesion, growing, importing and dealing cannabis. Possession treated more lenienty.
UK- Illegal
Other Countries- Netherlands- Legal
Why: Reflects different norms and values of socities. Greater emphasis on individual freedoms may see drug use as victimless.

Question 5

Changes in law- Time: Homosexuality

Answer 5

UK Focus.
In 1885 sexual offences between men made a crime in UK. However was legalise in 1967 for men over 21. Equalised in 2000.
Why: Campaigns by the Homosexual Law Reform Society made of leading public figures campaigned to change the law that legalised gay sex.
Wolfenden Report- Post WW2 increased convictions of gay men, over 1000 in 1954. Led to investigation. Report finished in 1957, findings recomendeded legalising private acts between consenting adults over 21.

Question 6

Changes in law- Time: Drug Laws

Answer 6

Possession of certain drugs have made a criminal offence, while others have been decriminalised.
Portugal Focus
From 2001, possession of drugs was changed from a crime to civil offence, if possession was under 10 days supply. Reason is that after 1975, increased openess & democracy led to influx of drugs, Highest rate of heroin use and HIV in Europe.
Changed to Public health issue to reduce harm. Refered to health and other support instead of being presecuted. HIV in addicts now minimal and deaths through drug use are lowers in Europe, 4 per million compared to England and Wales 44 per million.

Why: Sudden and rapid growth of drug addiction after 1975, by 90’s 1 in 100 was addicted to heroin, led to drastic action. Also new law would reduce costs resulting from drug use.

Contrast to UK, where all drug use is illegal

Question 7

Changes in law- Time: Gun Control

Answer 7

Uk Focus
1996 16 children and a teacher where shot at Dunblane Primary school by Thomas Hamilton, a former scout leader.
Most weapons used where semi-automatics capible of rapid firing, and legally held.
Law tightened in 1997 following an enquiry led by Lord Cullen. Introduction of act banning al hundguns except .22 single shot. Tony Blair’s Government introduces second Firearms Acts, banning remaining handguns excluding sporting and historic.

Why: Gun control Network set up by lawyers, academics and parents of victims in caampaign for tighter gun control laws.

Contrast to US where there is little gun control, despite simular tragedies

Question 8

Changes in law- Time: Child Labour

Answer 8

UK Focus

In british society now, see children as fundamentaly different to adult, kept seperate from adult world and its dangers.
Until 13th century, idea of childhood didn’t exist, and where treated as mini adults and expected to do the same jobs.
Changes: 19th century children wildly used to work in mills, mines and other. Factory Acts excluded children from workplace
Compulsary schooling in 1880, keeping children out of paid work.
Mininum age for activies e.g smoking, sex, reinforces idea that children are different from adults, so rules different

Question 9

Changes in law- Time: Physical Punishment

Answer 9

Capital punishment (Execution) & Corporal Punishment (flogging, caning, branding)
Changes- Number of offences carrying death pentalty reduced, until only murder and treason. Abolished in 1965. All corporal punishment of offenders abolished in 1967
Why: Regarded as breach of most basic human right, right to life, nothing can correct a miscarriage of justice, death penalty not a deterrant.