ac1.2 social construction Flashcards
(22 cards)
what do we mean when we say that crime is socially constructed
refers to something that has been made of or defined by society rather than occurring naturally
crime is socially constructed because it changes based on time, place, culture and situation
Polygamy and Polyandry
How and why the law changes across cultures
In the Uk its illegal to commit bigamy- result in 7 years in prison
Polyagmy legal in some- India Sri Lanka
Religion doesnt encourage affairs or secret relationships so its legitimate
Polyandry less common- takes place in isolated villlage in Himalayas
Practical- preserves farm and future
Acts as a birth control- limits population growth
Adultery
How and why the law changes across cultures
Legal in most but seen as deviant
Uk
High levels of secularisation so less likely to be seen as criminal
Illegal in Indonesia
religion with traditional views are more likely to see it as criminal
Religious beliefs are prominent so being faithful is important
Homosexuality
How and why the law changes across cultures
Legal in Europe/America
due to high levels of secularisation and importance of equality
In 12 countries the death penalty is imposed
Illegal in Uganda
Very traditional christian views
Same sex relationships- How and why the law changes over time
1533 Buggery Act made sodomy between men punishable by death
Until the Sexual Offences Act 1967 it was a criminal offence to be gay- punishable by prison and chemical castration
Stonewall riots 1969
Equal age of consent (2000)- lowered from 21 to 18 to 16 for same sex couples
Marriage Act 2013- giving same sex couples legal status
Gender recognition Agt 2004- enable legal gender change
Abortion Laws
How and why the law changes over time
Offences against the person act(1861)
Abortion criminalised until woman life at risk
Abortion Act(1967)
Legalised up to 24 weeks
Campaigns for change
Changing ideas in human rights and medical knowledge of unsafe abortions
Votes for women
How and why the law changes over time
right to vote for over 30s owning households 1918
Changing in norms/values/human rights
Campaigns and suffragettes movement
All women over 18 gained right to vote regardless of ownership 1928
Explain case of Ruth Ellis and if she would be charged today
In 1955 Ellis was hanged for the murder of her lover Blakely and became the last woman executed in Britain
Blakely was violent
Ellis could have been driven there and given gun by other lover, Casser
With so much evidence today she would be charged with manslaughter not murder
Explain case or Derek Bentley and if he would be charged today
Bentely a 19yr old with severe learning difficulties was hung for the murder of a policeman during a burglary
His 16 yr old accomplise who fired the fatal shot was still a juvenile so escaped the death sentence
Officers heard Bentely encouraging Craig to let him have it
He would be charged with wrongful conviction in todays age
Different enforcement of the law
Example and why its applied differently
Unduly harsh sentences
Stole bottle of water
Normal no real consequences
London riots
Threw bottle on fire- prison
Age of criminal responsibility
Example and why its applied differently
England-10
Murder of Jamed Bulger(2)
By two 10 yr olds, Thompson and Venbals
Beat on railway line with rocks/bar/sexually then ran over with train
Given new identities and rehabilitation
Got lenient punishment from detention and released at 18
Venbals reoffended and got caught downloading and distributing child pornography
Homocide
Sally Challen killed husband of 40 years with hammer
conviction for murder downgraded to manslaughter because she was isolated/ abused and lied to
Her loss of control of her mental state lead to a breaking point
Diminished responsibility
reduces conviction from murder to manslaughter because of mental state
Loss of control
partial defence that reduces sentence to manslaughter
Automatism
If you didnt commit the crime voluntarily e.g. sleepwalking, under the influence of medication
Case of Ranwell
Arrested and released on bail
Killed 3 elderly men
Had voices in his head teling him they were pedophiles
Later sued police for letting him go after showing paranoia and psychotic tendencies
Name examples for law changing in different circumstances
Diminished responsibility- case of randwell
Loss of control- Sally Challen
Age of criminal responsibility- James Bulger
Name examples for change in law for time
Abortion
Womens rights
Same sex relationships
Name examples for change in law for place
Canabis
Jaywalking
Age of criminal responsibility
How and why do canabis laws change between places
England- Canabis possession is illegal because its classified as a class B drug so considered to have potential harm
Within England law is policed differently according to priorities, Durham police dont prioritise people who grow Canabis for personal use because its decriminalised and there are public calls for legislation for medicinal use
Canada have legalised possession for personal use and sale- keeps canabis from youths and prevents profits of criminals which reduces criminal activity
How and why does the age of criminal responsibility change between places
England- 10
Influential cases that support
For example, murder of 2yr old James Bulger by 10 yr olds Venebals and Thompson
Sexual nature kept from public
Released from detention at 18- lenient punishment (football matches) and millions spent on rehabilitation professionals
Given new identities
Veneball arrested for distributing child pornography at 27
Briana Ghey (transgender) murdered by Jenkinsok and Ratcliffe (16)
Given life sentences
Japan- 14
How and why does jay walking laws change between places
In the U.S., jaywalking is often a ticketable offense, especially in urban areas.
Car-centric cities (like many in the U.S.) enforce jaywalking to reduce accidents and maintain traffic flow.
Germany- Laws: Strict; pedestrians must obey traffic signals even if the street is empty.
German society places high value on order and rule-following.
UK- Legal except motorways
Trust in personal responsibility; walkable cities
