UNIT 2 AC1.2 Flashcards

1
Q

What does the term social construction of criminality refer to?

A

What society defines as a crime

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2
Q

What is polygamy?

A

More than one wife or husband at the same time

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3
Q

What law does polygamy break?

A

Bigamy
The offence of marrying someone whilst already being married to someone else

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4
Q

What countries is polygamy legal?

A

Afghanistan
Cameroon
Pakistan

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5
Q

What countries is polygamy illegal?

A

European countries (France, UK, Germany)

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6
Q

Why do laws vary (polygamy)?

A

Religion- Qur’an permits Muslim men to take up to four wives and so is reflected in the laws of the country
Tradition- Has been practiced in some African societies. It is considered a highly valued social institution

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7
Q

What is adultery?

A

Voluntary sexual intercourse between a married Person and a person who is not their spouse.

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8
Q

What countries is adultery legal?

A

European countries (France, UK, Germany)

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9
Q

What countries is adultery illegal?

A

Philippines
Saudi Arabia, Iraq and Syria (death by stoning)

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10
Q

Why do laws vary (adultery)?

A

Religion
The Ten Commandments shared by Christianity, Islam and Judaism. Some countries are heavily influenced by religion and therefore have made adultery a crime

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11
Q

What is homosexuality?

A

Sexual act between members of the same sex

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12
Q

Where is homosexuality legal?

A

European countries
Australia
USA

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13
Q

What countries is homosexuality illegal?

A

Afghanistan
Egypt
Iran
Pakistan
Saudi Arabia

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14
Q

Why do laws vary over place (homosexuality)?

A

Religion- many religions, including Christianity, have traditionally condemned homosexuality.
Public opinion- 95% in Egypt believed homosexuality should be rejected
Sexism- sexual assumption by male law makers that women are incapable of same sex attraction. Glamorising and fetishising lesbianism

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15
Q

What countries is cannabis legal?

A

Amsterdam
Canada
Uruguay

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16
Q

Where is cannabis illegal?

A

UK-possession can get you up to five years, supply 14

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17
Q

Why do laws vary (cannabis)?

A

Different norms and values- drug use is seen in some cultures as victimless or that the individual has the right to do what they want
Different ideas on how to control drugs- some take a tough stance to deter their use. Others see legislation as a way to take it out of the hands of criminals suppliers.

18
Q

When were homosexual acts between men made a crime

A

1885

19
Q

When were homosexual acts between men aged 21+ legalised?

A

1967

20
Q

When was same sex marriage legalised?

A

2013

21
Q

When was the age of consent for homosexual acts bought down to 16?

A

2000

22
Q

Why do laws vary over time? (Homosexuality)

A

The Wolfenden report:
By 1954, 1000 gay men were in prison which became too many and so sir John Wolfenden gathered evidence from police, psychiatrists and gay men to prove it is not wrong.
Committees report (1957) recommended private homosexual acts 21+ be legalised
Campaigns:
Stonewall. Led to equalising age of consent to 16

23
Q

In Portugal, when was the revolution which led to a new government and a large in flux of drug use (due to it now being an open country)?

A

1975

24
Q

In Portugal, when was the possession of drugs changed from legal to civil offence?

A

2001

25
Q

Why does the law vary overtime (cannabis)?

A

Public health crises:
1975, one in every 100 of the population were addicted to heroine
Shift focused to helping people rather than punishing people.

26
Q

When was the act banning hand gun possession introduced?

A

1997

27
Q

Why was hand gun possession made illegal?

A

Dun blane massacre:
1996, in dunblane primary school, a man shot and killed 16 students and a teacher using a legal hand gun. Lord Cullen led an enquiry to bring change.
Campaign: snowdrop
Started by parents of dunblane victims. Collected 750000 signatures to change law.

28
Q

When was the law changed so children could not be employed until age 15?

A

1998

29
Q

When was school made compulsory to age 18?

A

2015

30
Q

When was the child protection and welfare legislation bought forward?

A

1989

31
Q

Why was law changed over time (laws relating to children)?

A

Idea was shifted:
People no longer believed children were ‘mimi adults’
Society became more child centred:
Focused more on caring for children

32
Q

When was the capital punishment abolished in the UK?

A

1965

33
Q

When was corporal punishment abolished? (Corporal punishment is harming the offender)

A

1967

34
Q

Why was the law changed? (Laws concerning physical punishment)

A

Capital punishment was seen as a breach of the human right to life
Nothing can be done to correct a miscarriage of justice
Death penalty did not deter people from crime

35
Q

What is meant when a law varies due to circumstance?

A

The law is applied equally to all but sometimes is not

36
Q

What are the four reasons a law is not enforced equally?

A

Moral panic
Typifications
Age
Homicide

37
Q

Why is homicide a reason a law is not enforced equally?

A

homicide act 1957 states an offender can plead not guilty if even they have murdered someone due to: automatism, an act done by the muscles and not the mind, loss of control, lost control for a valid reason which calls for a qualifying objective test where someone the same age and gender would be tested to see if they would have done the same thing, and diminished responsibility, medical condition such as schizophrenia

38
Q

Why is age a reason a law is not enforced equally?

A

Younger people have different laws as they are below the age of criminal responsibility. Youth courts for those aged 10-17, are less formal, and they cant be sent to prison but can get sentences such as detention.

39
Q

Why are typifications a reason a law is not enforced equally?

A

Stereotypes about criminals and so harsher policing and punishments for those under stereotypes E.G. George Floyd case- Chambliss compared the middle and working classes and found when they did the same crime, the law was stricter on the working class.

40
Q

Why is moral panic a reason a law is not enforced equally?

A

Over-exaggeration by the media causes harsher punishments E.G London riots where a man stole a $3.50 water bottle and got a 3-month sentence.