how laws change from culture to culture and time to time Flashcards
1.2 explain the social construction of criminality (34 cards)
1
Q
POLYGAMY - how many countries is it legal in
A
58
2
Q
which religious countries practices it the most
A
Muslim countries
3
Q
where is it a crime
A
turkey,tunisia,uk
4
Q
reasons why the law varies between culture - religion
A
Qur’an permits Muslim men having 4 wives
- USA - the mormon church practiced polygamy until 1890
5
Q
reasons why the law varies between culture - tradition
A
traditionally practiced in some African societies
6
Q
ADULTERY - what religious countries criminalise it
A
majority muslim and christian countries
21 US states forbid it
7
Q
where is it legal
A
- UK
- in India it ceased to be a crime in 2018
8
Q
punishments
A
stoning to death, caning(e.g Malaysia and Indonesia),or a fine (Rhode island,USA)
9
Q
reasons why law varies between cultures - religion
A
- most religions condemn adultery
- not committing adultery is one of the 10 commandments shared by Christianity,Islam and Judaism.
10
Q
reasons why the law varies between culture - position of women
A
- laws against adultery are often found in societies where women occupy a very subordinate position
11
Q
HOMOSEXUALITY - where is it illegal
A
- illegail in 72 countries and in 45 so are lesbian relationships
- russia - not illegal but the law bans promotion
- many countries which dont criminlaise homosexuality dont allow same sex couples to mary/adopt
crime in many muslim countries
legal in indonesia however
12
Q
where is it legal
A
UK,Europe and north and south america
13
Q
reasons why the law varies between cultures
A
- Religion - many religions condemn it. in societies where religion has less influence,social norms are generally more tolerant of sexual diversity
- public opinion - polls 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
14
Q
CANNABIS - where is it illegal/punishment
A
- can be punished up to 5 years in the UK,and supply,14 years
- however sentences r typically far lighter and for possession may be often be a fine or discharge
15
Q
is it legal at all
A
- sometimes legal for medical/recreational purposes in some countries
- some legalised its sale,e.g Canada and Uruguay
- Portugal decriminalised it for personal use
16
Q
reasons why the law varies between cultures
A
- diff norms & values - societies with a greater emphasis on individual freedom may see drug use as victimless
- Diff ideas abt how best to control drug use - some ppl think the best way to prevent drugs causing harm is by taking a tough stance to deter their use
- some others think that legalisation/decriminalisation will take cannabis out of the hands of criminal suppliers
17
Q
HOMOSEXUALITY - how laws changed over time
A
- 1885 - all male homosexual acts were a crime w maximum sentence of life imprisonment
- 1967 - legalised in England and wales for males 21+
- legalised in Scotland - 1980/Northern island - 1982
lesbian acts were never illegal
18
Q
why the law changed
A
- Campaigns - homosexual law reform society campaigned for the change in law that legalised gay sex in 1967
- politicians - Roy Jenkins supported the campaign & he introduced the necessary legislation in 1967
- Human rights - in India the supreme court decided that the state has no right to control citizens private lives
19
Q
DRUG LAWS - where was it decriminalised
A
- in Portugal in 2001. it changed from a crime to a civil offence
- the thinking behind decriminalisation was that drug use should be regarded as a public health issue aimed at harm reduction,rather than an issue for the criminal justice system
20
Q
why was the law changed
A
- Portugal had the highest rates of Heroin addiction in Europe as well as high rates of HIV
21
Q
have the use of drugs changed in Europe since the change in law
A
- drug use has fallen since and the death from drugs are now the lowest in Europe
22
Q
GUN LAWS - how did the law change
A
- in the UK,laws governing access to firearms changed because of 2 mass shootings
23
Q
mass shooting 1
A
- 1987 - Micheal Ryan shot and killed 16 people
24
Q
mass shooting 2
A
- 1996 - 16 children and 1 teacher were shot dead at Dunblane primary school by Thomas Hamilton
25
was anything done about it
- John major's conservative government introduced an act banning all handguns except 22 single shot weapons,but they ended up banning them as well
26
reasons why the law changed
- the gun control network - set up by lawyers and parents of victims to campaign for tighter gun control laws
- the snowdrop law - started by Dunblane parents and their friends who organised a petition and collected 750,000 signatures calling for a change in the law
27
LAWS CONCERNING CHILDREN - how the law changed
- the historian Philippe Aries argues that until the 13th century,'the idea of childhood did not exist'. children were put to work from an early age and were in effect 'mini adults' with the same rights and duties as everyone else
- however,society now sees children as vulnerable,innocent and in need of protection and nurturing
28
changes in the law
laws excluding children from paid work,compulsory schooling,laws and policies that only apply to children
29
laws excluding children from paid work
- in the 19th century,children as young as 6 were widely used in cotton mills etc. but that changed and they were excluded from the workplace
30
compulsory schooling
- introduced in 1880
31
laws and policies that only apply to children
- minimum ages for things like sex and smoking reinforce the idea that children are different from adults
- so different rules must be applied to their behaviour
32
laws concerning physical punishment
- in the past,physical punishment was common in the UK
- capital punishment(execution) - hanging
- corporal punishment - flogging,birching,branding w hot iron,and being put in the stocks
33
changes in the law
- the number of offences carrying the death penalty was reduced
- capital punishment was abolished in Britain in 1965
- corporal punishment of offenders was abolished in 1967
34
reasons for the changes
- capital punishment is now regarded as a breach of the right to life
cant correct miscarriage of justice - if someone who was executed was later found innocent
