1.2 Social Construction Of Crime Flashcards
(13 cards)
In what occasions would the law not be applied and why
Mitigating circumstances, diminished responsibility, self defense, automatism, consent. causes someone to be unable to have a guilty mind
Diminished responsibility
Usually applied in circumstances of murder where they are only charged with manslaughter. This is applied when someone may suffer from an abnormalities of mental function by a medical condition. This can impact their ability to make judgements of what they’re doing
Consent
An act that is criminal was consented by the victim
Self defence
A partial defence against physical violence charges. Used to protect property, prevent criminal actions but cannot use guns or knives as they are not seen as reasonable force.
Automatism
An individual committing an otters was not in control of their mind or body. 2 types are insane or non-insane.
Insane automatism
The act is based on internal factors (mental health psychological condition, hallucinations)
Non insane automatism
Caused by an external factor (allergic reaction)
Examples of laws differing from culture to culture
Cannabis use , polygamy, adultery, homosexuality
Explain cannabis change from culture to culture
Cannabis use illegal in uk and can be charged with up to 5 years in prison. Its use is legal in Netherlands as it was decriminalised and is viewed as a health issue rather than a criminal issue.
Examples of how laws change over time
Homosexuality, gun laws, drug laws, laws relating to children and laws relating to physical punishment
Homosexuality laws change over time
Laws changed due to wolfenden report recommending the legalisation after W W2, campaigns of homosexual law reform society led to changes in 1967. Stonewall campaigns led to the equalising of the age of consent.
Examples of how laws change in different circumstances
Differential law enforcement , age of criminal responsibility , homicide
Age of criminal responsibility as laws change in different circumstances
2 people who committed the same act may be treated differently due to their age . Children under 10 are seen to not have the mental capacity to commit a crime.
