Explain the social construction of criminality (AC1.2)

Question 1

Polygamy

Answer 1

Legal in Africa and Asian countries.

Illegal in Australia, America, and the UK, punishable by up to 7 years in custody.

Varies due to religious and traditional influences.

Example: Muslim men allowed up to 4 wives; Mormons practiced until 1890.

Question 2

Adultery

Answer 2

Legal in most countries like the UK.

Illegal in Africa, Philippines, and 21 American states.

Varied due to religious beliefs, particularly Christianity or Islam, influencing lawmaking.

Few women’s rights may also contribute to criminalization.

Question 3

Homosexuality

Answer 3

Legal in the UK, America, and most Western countries.
Illegal in 72 countries for men and 45 for women.

Varies due to religious influences (e.g., Christianity, Judaism) and public opinion.

Example: influenced by traditional beliefs against homosexuality.

Question 4

Cannabis

Answer 4

Legal in Canada, Uruguay, and some US states.

Illegal in the UK, most of Europe, and some US states.

Varied opinions: seen as morally wrong or a victimless issue.

Banning may increase usage instead of controlling it.

Question 5

How laws change over time

Answer 5

Derek Bentley case: hanged in 1953, later pardoned in 1998.

Pressure to end death penalty increased throughout 20th century.

Question 6

Ann Ming and Julie Hogg

Answer 6

Julie Hogg’s murder led to changes in double jeopardy law.

Robert Thompson and Jon Venables were retried after law change.

Question 7

How laws are applied to circumstances

Answer 7

Moral panic (e.g., knife crime) leads to harsher punishment.

Age of criminality: UK sets age at 10;
lesser sentences depending on age.

Example: Thompson and Venables released at 18 despite killing James Bulger at age 10.

Question 8

Reasons for law changes and differences

Answer 8

Changes to government.

Societal perceptions and attitudes.

New research and knowledge.

Fear, religion/tradition, miscarriage of justice