Unit 2 AC1.2

Question 1

Social construction of criminality

Answer 1

Something that has been made by society rather than occurring naturally. What counts as criminal is whatever acts a society defines as criminal

Question 2

Polygamy

Answer 2

It is the practice of having one or more wives or husbands at the same time.

Question 3

Where is Polygamy legal?

Answer 3

Polygyny is legal in 58 countries, polyandry is in a handful of societies, mainly in the Himalayas. Most societies where polygamy is legal are muslim-majority countries.

Question 4

Where is Polygamy a crime?

Answer 4

Most countries. Many Muslim countries place restrictions on it and in Turkey and Tunisia it is a crime. In the UK, anyone who goes through a marriage ceremony whilst still married to someone else is committing bigamy which is punishable by up to7 years imprisonment.

Question 5

Reasons why Polygamy varies between cultures

Answer 5

• Religion: The Qur’an permits Muslim men to take up to four wives and this is reflected in the laws of most Muslim-majority countries. In the USA, the Mormon Church practiced polygamy until 1890 and it continues to be practiced illegally by some splinter groups.
• Tradition: Polygamy has traditionally been practiced in some African societies

Question 6

Adultery

Answer 6

Involves a sexual act between two people, one or both of whom is married to another person. What societies may define as sexual acts vary due to culture.

Question 7

Where is Adultery legal?

Answer 7

In most countries, including the UK. In India it ceased to be a crime in 2018.

Question 8

Where is Adultery a crime?

Answer 8

Most societies that criminalise adultery are Muslim-majority countries, though several Christian-majority countries in Africa make adultery a criminal offence as do 21 US states.

Question 9

Reasons why laws on Adultery vary between cultures

Answer 9

• Religion: Most religions condemn adultery. Not committing adultery is one of the Ten Commandments shared by Christianity, Islam and Judaism. In societies where law-making has been strongly influenced by religion, adultery is often made a crime.
• The position of women: Laws against adultery are often found in societies where women occupy a very subordinate position.

Question 10

Homosexuality (culture)

Answer 10

Sexual acts between members of the same sex are treated as crimes in a number of countries.

Question 11

Where is homosexuality a crime?

Answer 11

Male homosexuality is illegal in 72 countries and in 45 so are lesbian relationships. In 6 countries, conviction can result in the death penalty. In some countries, such as Russia. it is not illegal but the law bans its ‘promotion’.

Question 12

Reasons why laws on homosexuality vary between cultures

Answer 12

• Religion: Many religions, including Christianity, Islam and Judaism have traditionally condemned homosexuality. Countries where religion has a strong influence over law-making are more likely to have laws criminalising homosexuality.
• Public opinion: Polls by the Pew Research centre show higher levels of support for bans on homosexuality in some countries. Some of these countries where religion has a strong influence but others such as Russia, are not. (95% in Egypt believed homosexuality should be rejected)
• Sexism: Sexist assumptions by male lawmakers that women were incapable of same-sex attraction may be the reason why male homosexuality is a crime in more countries than lesbianism is

Question 13

Cannabis

Answer 13

Laws on cannabis vary between societies. In general, possession of cannabis for personal use is treated more leniently than growing or importing cannabis.

Question 14

Where is cannabis legal?

Answer 14

Some places have legalised possession for person recreational or medical use. Other have also legalised sale such as Canada and Uruguay. Some countries such as Portugal have decriminalised possession for personal use. It has been reclassified as a misdemeanour.

Question 15

Where is cannabis a crime?

Answer 15

In the Uk, possession can be punished with up to 5 years for imprisonment and supply with 14 years. Sentences are typically far lighter and for possession may often be a fine or discharge. Many other European countries have similar laws relating to cannabis.

Question 16

Reasons why laws on cannabis vary between cultures

Answer 16

• Different norms & values: Differences in laws to some extent reflect the differences in norms and values and attitudes between societies. Societies with a greater emphasis on individual freedoms may see drug use as victimless or as an individual’s right to do as they wish with their body.
• Different ideas about controlling drug use: Lawmakers in some societies take the view that they best way to prevent drugs causing harm is taking a tough stance to deter their use. Favour severe criminal penalties. View cannabis as a gateway drug.

Question 17

Homosexuality - Law changes over time

Answer 17

1885: All homosexual acts between men were made a crime, with a max. sentence of life imprisonment
1967: Homosexual acts between males over 21 were legalised in England & Wales
1994: Age of consent was reduced to 18
2000: Age of consent equalised to 16

Question 18

Homosexuality - Reasons why the law changed

Answer 18

• Wolfenden Report: A study containing recommendations for laws concerning sexual behaviour, legislation implementing these recommendations were enacted in the Sexual Offences Act
• Homosexual Law reform society: Formed in 1958 to campaign for the Gov. to implement reforms recommended by the Wolfenden Report
• Roy Jenkins: Supported the campaign for change, as Home Sec. he introduced necessary legislation in 1967
• Human Rights: The state has no right to control citizens’ private lives, this concern also underlies changes in the law on homosexuality

Question 19

Gun control laws - Law changes over time

Answer 19

1987: Mass shooting in Hungerford, Berkshire, 16 people killed
1996: 16 children and 1 teacher were shot dead at Dunblane primary school
1997: Law was tightened following Gov. enquiry. An Act was introduced banning all handguns except .22 single shot weapons. Later that year the Labour government introduced an amendment banning the remaining handguns as well.
It is now illegal to own a handgun in Great Britain.

Question 20

Gun control laws - Reasons why the law changed

Answer 20

Main reason was the public outcry following the two mass shootings.
- The Gun Control Network: Set up by lawyers, academics and parents of victims to campaign for tighter gun control laws
- The Snowdrop Campaign: Started by bereaved Dunblane parents and their friends, organised a petition and collected 75,000 signatures calling for a change in law

Question 21

Drug laws - Law changes over time

Answer 21

1975: Following the revolution, Portugal became a democracy, this increased openness led to a large influx of drugs. (Highest heroin addiction in Europe, HIV rate also increased)
1990s: 1 in every 100 of the pop. were addicted to heroin
2001: Possession of drugs was changed from a crime to a civil offence (decriminalised). If the quantity involved was less than a 10-day supply they would be referred to the health service.
Following this, drug use has fallen. Portugal has one of the lowest HIV rates in Europe.

Question 22

Drug laws - Reason why the law changed

Answer 22

• Sudden rapid growth in the scale of drug addiction after 1975
• 1 in every 100 of the pop. was addicted to heroin
• As a poor country, the new law would reduce the costs resulting from drug use and one source points to savings of 18%

Question 23

What did Philippe Aries argue (law relating to children)?

Answer 23

Philippe Aries argues that until the 13th century, ‘the idea of childhood did not exist’. Children worked from an early age. The law made no distinction between children and adults, they faced the same punishments.

Question 24

Law relating to children - Changes over time

Answer 24

19th c. Children as young as young as 6 were widely used in cotton mills, coal mines etc. A series of Factory Acts gradually excluded children from the workplace.
1880: Compulsory schooling ensured basic education for all and kept children out of work
2004: The Children Act made child’s welfare the fundamental principle underpinning the work of agencies such as social services
Children Rights: The Children Act defines parents as having ‘responsibilities’ rather than ‘rights’ in relation to children, while United Nations Convention on the Rights of the Child 1989 lays down the basic rights such as entitlement to healthcare and education.

Question 25

Laws concerning physical punishment - Changes in law

Answer 25

1723: The Black Act made over 50 offences of theft and poaching into capital crimes. Over time, the number of offences carrying the death penalty was reduced, until it remained only for murder and treason
1881: Flogging in the armed forces was abolished
1965: Capital punishment was abolished in Britain
1967: All corporal punishment of offenders was abolished

Question 26

Laws concerning physical punishment - Reasons why the law changed

Answer 26

Capital punishment is now regarded as a breach of the right to live. Some writers argue that changed in the law are the result of a long-term decline in violence.
Norbert Elias argues that society has undergone a ‘civilising process’ over the last 500 years. Society has moved away from the idea of physical violence.

Question 27

Differential enforcement of the law - Typification

Answer 27

Stereotypes created by the police. Chambliss studied two groups of youths, middle-class and working class, he found that both groups had committed offences however the law was enforced more strictly against the working class. Pilivain and Briar found that situational factors play a large role in an officer’s decision to stop and search - include class, ethnicity, age and attitude towards the officer.

Question 28

Differential enforcement of the law - Moral Panic

Answer 28

Those convicted of minor offences committed during the London Riots 2011 were more likely to revive a custodial sentence than similar cases committed under ‘normal’ conditions. Similarly, the courts impose more severe sentences on youths convicted of offences during the moral panic during the Mods and Rockers in the 1960s.

Question 29

Age - Age of criminal responsibility

Answer 29

In England, Wales and NI it is 10 years. In Scotland it is 12. Children below a certain age are unable to understand the full meaning of the act they have committed and so cannot be held responsible for it in the same way.

Question 30

Age - Youth Courts and Punishments

Answer 30

Children/young people who commit a crime may be treated differently by the criminal justice system. In England and Wales youth courts are special magistrates’ courts that hear cases involving people aged 10-17. Youth courts are less formal; defendants are called by their first name, and members of the public are not normally allowed in. The courts cannot send anyone to prison but impose sentences; detention and a training order to be carried out in a secure centre.

Question 31

Homicide

Answer 31

The killing of one person by another. Under the Homicide Act 1957 there are 3 special defences which exist for the offence of murder, where the defendant can plead not guilty despite having killed someone.

Question 32

Homicide - Diminished responsibility

Answer 32

If the defendant can show that their mental condition sustainably reduced their ability to understand what they were doing or form a rational judgement, this reduced the conviction to manslaughter.

Question 33

Homicide - Loss of control

Answer 33

Is a partial defence that may reduce the offence to manslaughter

Question 34

Homicide - Automatism

Answer 34

A crime must be a voluntary act - the defendant must have consciously chosen to commit it. If they can show that it was involuntary, they can plead the defence of automatism.