1.2: Explaining The Social Construction Of Criminality Flashcards
(43 cards)
Give the reason for why changes to government explain why laws are different
The beliefs of a government will mean that certain laws change as a government changes
Give the reason for why societies perceptions and attitudes explain why laws are different
Societies have become more open-minded and less conservative
Give the reason for why new research and scientific advances explain why laws are different
There have been new scientific advances in DNA and criminal evidence collection had led us to identifying miscarriages of justice
Give the reason for why fear explains why laws are different
When events occur which scare the public, this can prompt to a law change like for example gun control
Give the reason for why religion/ tradition explains why laws are different
Religion can affect the society’s attitudes towards acts of moral nature
Give the reason for why miscarriages of justice explains why laws are different
For example, Michael Shirley became the 1st person in the UK to have their conviction overturned through DNA analysis
Define social construction
Something that has been constructed by society, so criminality is whatever society determines as criminal
What activities in the UK used to be legal but now are illegal?
Slavery
Driving without a seatbelt
What activities in the UK are legal but are illegal in others?
Homosexuality
Abortions
Jaywalking
What activities in the UK are illegal but legal in others?
Honour crimes
Selling cannabis
Polygamy
FGM
Give 2 examples of acts which their legality can vary between cultures?
Adultery
Homosexuality
Define adultery
A sexual act between 2 people where one or both of the people are married to another person
Where is adultery legal?
Uk
Where is adultery a crime and what are the punishments?
India ceased it as a crime in 2018
Societies that deem it criminal are Muslim-majority countries like:
Malaysia and Indonesia: punishable by caning
Rhône island, USA: fining
Why does the legality of adultery vary between cultures?
Religion: most religions condemn adultery as it is a commandment in Christianity, Islam and Judaism
The position of women: laws against adultery is often found in societies where women have a subordinate position
Where is homosexuality legal?
Uk
Europe
America
Where is homosexuality illegal?
Muslim countries such as:
Saudi Arabia
Sudan
Yemen
What are the stats for banning homosexuality for genders?
Male homosexuality is banned in 72 countries
Female homosexuality is banned in 45 countries
Convictions for these can be the death penalty
Why does the legality for homosexuality vary between cultures?
Religion: Christian countries have traditionally condemned homosexuality
Countries where religion has a strong influence on law-making are more likely to be against homosexuality
Public opinions: some polls show high levels of banning homosexuality like Egypt where 95% agreed on the ban
Sexism: male homosexuality is banned in more countries that women= male lawmakers believe they are less able for same sex attraction than women are
Give 2 examples of how laws are applied differently according to circumstances in which actions occur
Age
Actus reus/ men’s rea
Give examples of different ages for criminal responsibility in different countries
Uk: 10
Canada: 12
Bangladesh: 9
China: 16
Explain the actus reus and men’s rea in how law application can differentiate
There are occasions where despite murder taking place with the appropriate actus reus and men’s rea, the law can offer an alternative change for manslaughter
This only happens when an offender suffers from:
- diminished responsibility
- acted under a loss of control
This allows the judge to provide open sentencing options and the offender doesn’t have to face a mandatory life sentence
Give 3 examples for how laws change over time
Societal responses/ incidents
Scientific advancements
Homosexuality
Explain how societal changes have changed laws over time
Sarah everard case: a woman who was kidnapped and murdered in march 2021 which has led to the requirement of police officers to now work in groups and not alone outside
Social movements can also influence legal change like the BLM protests
