Unit 2- AC1.2 - The SOCIAL CONSTRUCTION of criminality Flashcards

1
Q

what is the social construction of criminality

A

how society builds definitions of criminal behaviour- leading to a difference in laws in different cultures and as society changes over time the law changes too

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2
Q

polygamy info:

A

being married to more that one person at a time // illegal in UK + most other countries // legal in Afghanistan + alot of muslim cultures // variation reasons - religion = the qur’an allows muslim men to have up to 4 wives - tradition = some african cultures have a king tradition of polygamy possibly due to more labour in the fields

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3
Q

homosexuality info:

A

sexual acts between people of the same sex // illegal in 72 countries, Soudi arabia, iran, yemen, nigeria, death penalty in some countries // legal in UK, europe, USA, Canada, indonesia // variation reasons - religion = shari’ah law ( quart says that hmsx is punishable by death- public opinion = some countries strongly support the banning of hmsx

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4
Q

adultery info:

A

sexual relations between a married person and someone who isn’t their spouse // illegal in Saudi Arabia, pakistan, taiwan, sudan, Oklahoma // legal in UK, all of europe, india, most USA // variation reasons - religion = most religions condemn adultery and some country laws are influenced by religion - position of women = countries where women are seen as of lower status than men so sometimes laws are unequal as women are sometimes owned by husbands

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5
Q

cannabis for personal use

A

using cannabis for personal use // illegal in UK, most countries around the world // legal in malta, georgia, thailand, some american states // variation reasons - societal norms and values = cultures that place a high value on individual freedom tend to have less strict laws and diff countries tackle the issue differently

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6
Q

England homosexuality law history

A

illegal until 1967 with age of consent at 21, reduced to 18 in 1994 then 16 in 2001, same sex marriages became legal in 2014

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7
Q

names of high profile cases (homosexuality)

A

lord montegue, alan turing, peter wildblood

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8
Q

england capital punishment law info

A

abolished in most of uk in 1965 / last person hanged was 13/8/1964 / death penalty for theft removed in 1832 / min age raised to 18 in 1933

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9
Q

what is the name of the act that made poaching etc punishable by death

A

The Black Act 1723- made 50 offences punishable by death

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10
Q

what comes as a result of typification

A

class bias as working class people fit the stereotype more than the middle class

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11
Q

what organisation used police figures from Northern ireland in 2021 to analyse the typification and class bias

A

amnesty international

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12
Q

how many people were stopped and searched in the study by Amnesty international?

A

25,000

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13
Q

what percent of the 25,000 people are from BAME backgrounds

A

5%

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14
Q

how much of the actual population in Northern Ireland are from BAME backgrounds

A

1.8%

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15
Q

what is the age of criminal responsibility in most parts of the UK

A

10 (12 in scotland)

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16
Q

why is the age of criminal responsibility 10?

A

because it is said that children under 10 are considered to not have sufficient understanding of the committed act

17
Q

what court deals with cases from children aged 10-17

A

special youth magistrates courts

18
Q

are youth magistrate courts open or closed to the public

A

closed

19
Q

what are the three exceptional circumstances for homicide

A

diminished responsibility / loss of control / automatism

20
Q

what is diminished responsibility

A

when a mental state makes it impossible to understand what they did or to form a rational judgement

21
Q

what is loss of control

A

when the criminal act is committed by someone who has lost control , its considered “partial defence” which reduces the. charge to manslaughter

22
Q

what is automatism

A

whether a crime was involuntary or voluntary