Unit 1.2

Question 1

what is the social construction of criminality?

Answer 1

refers to something that has been made or defined by society, rather than simply occurring naturally
therefore what counts as criminal is simply whichever acts a society defines as criminal

Question 2

how does polygamy change from cultures?

Answer 2

Polygamy is legal in 58 countries, whole polyandry is confined to a handful of societies- mainly in Himalayas. In 5-multi cultural societies with Muslim majority, law permits polygamous marriages for Muslims.

Against the law in most countries. Eg: Turkey, Tunisia and UK

Question 3

what is polygamy?

Answer 3

more than one husband or wife at a time

Question 4

why does polygamy vary between cultures?

Answer 4

RELIGION- Qur’an permits Muslim men to take up to 4 wives- reflected in laws of most Muslim countries.
TRADITION- Has been traditionally practiced in some African societies, declined sharply in recent decades

Question 5

What is adultery?

Answer 5

sexual act between 2 people where 1 or both is married

Question 6

how does adultery laws vary between cultures?

Answer 6

ILLEGAL- Muslim-majority countries, several Christian majority countries in Africa make it an offence. Phillippines, Taiwan and 21 US states it is illegal

LEGAL- most countries include UK. Ceased to be a crime in India 2018

Question 7

Why do adultery laws vary between cultures?

Answer 7

RELIGION- most religions condemn adultery. 10 commandments shared by Christianity, Islam and Judaism. In societies where law making is influenced by religion= often a crime

POSITION OF WOMEN- laws against adultery are often found in societies where women occupy a very subordinate position.

Question 8

How do homosexuality laws vary between cultures?

Answer 8

ILLEGAL- Male homosexulaity illegal in 72 countries. Female illegal in 45 countries. In 6 countries conviction can result in death penalty. Russia its legal but bans promotion

LEGAL- UK, Europe, North & South America. Indonesia

Question 9

Why do homosexuality laws vary between cultures?

Answer 9

RELIGION- Christianity, Islam and Judaism have traditionally condemned.
PUBLIC OPINION- Polls done by PEW research centre show higher levels of support for bans on homosexuality in some countries
SEXISM- male homosexuality is a crime in more countries than lesbianism is - may be due to sexist assumptions by male law-makers that women are uncapable

Question 10

How do cannabis laws vary between cultures?

Answer 10

ILLEGAL- UK- possession= up to 5 yrs, supply= up to 14yrs, european countries have similar laws relating to cannabis
LEGAL- Canada, Urugury & Portugal have legalised for personal, recreational or medical use.

Question 11

Why do cannabis laws vary between cultures?

Answer 11

Different norms & values- some believe it should be a crime whereas some believe it should be up to the person what they want to do with their body
Different ideas about control- some believe harsh punishments are the best way to prevent drugs whereas some decriminalise it.

Question 12

what year where all homosexual acts between men made a crime

Answer 12

1885

Question 13

what year were homosexual acts between males over 21 legalised in england & wales

Answer 13

1967

Question 14

what year was homosexuality legalised in scotland

Answer 14

1980

Question 15

what year was homosexuality legalised in NI

Answer 15

1982

Question 16

what year was the age of consent reduced to 18

Answer 16

1994

Question 17

what year was the age of consent equalised to 16

Answer 17

2000

Question 18

why has the law changed regarding homosexuality laws? (4)

Answer 18

1.Wolfenden report
2. campaigns - homosexual law reform society 1958
3. politicans (Roy Jenkins)
4. human rights

Question 19

when was possession of drugs changed to a civil offence in Portugal?

Answer 19

2001

Question 20

why did the drug laws change in protugal

Answer 20

1975- Portugal had highest heroin addiction in Europe
PUBLIC HEALTH- focused on public health rather than CJS
Now around 4m of population die of HIV (from sharing needles for heroin) in portugal compared to 44m in England and Wales

Question 21

how have gun control laws changed over time

Answer 21

1997- all handguns besides a .22 single shot weapon were banned
Following Tony Blair’s victory- 2nd Firearms Act : banning all guns

Question 22

tell me about differential enforcement of the law

Answer 22

MORAL PANIC- during London Riots 2011- minor offences were more likely to receive a custodial sentence than in normal conditions
During Mods + Rockers in 1960s youths were given harsher punishments
TYPIFICATION- law enforced more on working-class. class, age, ethnicity and attitude towards officer plays a huge part in stop & search

Question 23

tell me about the age of criminal responsibility

Answer 23

10 in England, Wales and NI
Children are unable to understand the full meaning of the act they have committed and cannot be held responsible in the same way

Question 24

tell me about youth courts and punishment

Answer 24

-youth magistrates court
-less formal
-can impose sentecnes to Youth Detention Centers
-learn education, skills to get a job, sport and programmes to help with issues that may have contributed to their offending

Question 25

what are the 3 special defenced for homicide & what act are they contained in

Answer 25

Homicide Act 1957
1.Diminished responsibility: if D can show their mental condition sustainably reduced their ability to understand what they were doing, this reduced conviction to manslaughter
2. Loss of control: partial defencee that reduces to mansalughter
3.Automatism: crime must be a voluntary act: D must have consciously chosen to commit the act. If they can show that it was involuntary, they can plead the defence of automatism