1.2

• Social construction


  Something that has been made or defined by society, rather than occurring naturally
• What counts as criminality is

  Acts society defines as criminal
• One society...


  Can define a particular act as criminal and pass a law against it whilst another sees nothing wrong with it
• Polygamy


  The practise of having more than one wife or husband at the same time
• Polygyny


  Where a man takes two or more wives
• Polyandry


  Where a women takes two or more husbands
• Where is polygamy legal?

  Legal in 58 countries and only confined to a handful of societies, mainly the Himalayas. Legal in mostly Muslim-majority countries
• Where is polygamy a crime

  Against the law in most countries. In the UK, anyone who goes through a marriage ceremony whilst married to another is committing bigamy. 7 years in prison, a fine or both
• Why polygamy varies between cultures

  Religion- Qu'ran permits Muslim men to take up to 4 wives. USA the Mormon Church practised polygamy until 1890 and continues to be practised illegally by some branched off group.

  Tradition- Traditionally practised in some African societies, though it has sharply declined in recent decades
• Adultery


  A sexual act between two people, one or both of whom is married to another person
• Where is adultery a crime?

  Mostly Muslim majority countries although several Christian majority countries in Africa do to. Punishments: Stoning to death, caning and fines
• Where is adultery illegal?

  In most countries (including UK) adultery is not against the law. In 2018, it ceased to be a law in India
• Why adultery varies between cultures

  Religion- Not committing adultery is one of the 10 commandments shared by Christianity, Islam and Judaism

  Position of women- Laws against adultery are often found in societies where women have a subordinate position. In these societies, the adultery laws are unequal
• Homosexuality


  Sexual acts between members of the same sex are treated as crimes in a number of countries
• Where is homosexuality a crime?

  Male homosexuality is illegal in 72 countries and in 45 so are lesbian relationships. In 6 countries, conviction can result in the death penalty. In Russia, it is not illegal but the law bans 'promotion'
• Where is homosexuality legal?

  Legal in the UK, Europe North and South America. It is a crime in many Muslim countries. In Indonesia (the world's largest Muslim state by population) its legal
• Cannabis


  Laws on cannabis vary between different societies. In general, possession of cannabis for personal use is treated more lienietly than growing, importing or selling cannabis
• Where is cannabis a crime?

  In the UK, possession can be punished with up to 5 years in prison and supply with 4 years. Many other European countries have similar laws
• Where is cannabis legal?

  Some places have legalised possession for personal recreational or medical use e.g Netherlands and Portugal
• Reasons why cannabis varies between cultures

  Different norms and values- Societies with an emphasis on individual freedoms may see drug use as victimless or as an individuals right to do as they wish with their body
• Different ideas to control drug use

  In some societies, the best way to prevent drugs causing harm is by taking a tough stance to deter their use

  Some societies use legalisation as a way to take cannabis out of the hands of criminal suppliers and to reduce harm
• Why homosexuality varies between cultures

  Religion- Christianity, Islam and Judaism have traditionally condemned homosexuality

  Sexism- Male homosexuality is a crime in more countries than lesbianism. May be due to sexist assumptions by male law makers that women were incapable of same sex attraction
• Ruth Ellis


  Last women to be hanged in UK

  13th July 1955
• Homosexuality changes

  In UK, all homosexual acts between men were made crime in 1885, max sentence life imprisonment

  Legalised in England and Wales 1967 for men 21+ Scotland 1980 and Northern Ireland 1982

  Age of consent reduced to 18 in 1994 and equalised with heterosexual (16) in 2000
• Reasons why homosexuality changed


  Politicians- Roy Jenkins supported the campaign for Change as Home Secretary he introduced the legalisation in 1967. Others introduced further legislation e.g Equality Act 2010

  Human Rights- In India the main reason for Change in law was the decision of the Supreme Court that the state has no right to control citizens private life. In the UK, this concern with equal Rights also underlies changes in law on homosexuality
• Change in the views of children over time

  -Until 13th Century 'the idea of childhood didn't exist'

  -Children seen as mini adults

  -Overtime society became more 'child-centred'

  -Parents invest both emotionally and financially on their children
• Changes in child law

  -Compulsory schooling: 1880, ensured basic education for all and also had the effect of keeping children out of paid work

  -Child protection and welfare legislation: E.g 2004 Children Act made child welfare the fundamental principle underpinning the work agencies such as social services

  -Laws and policies that only apply to children: E.g minimum ages for a wide range of activities, from sex to smoking etc
• How drug laws change over time

  -The Portugeuse case. 2001 the possession of drugs was changed from a crime to a civil offense. Law applied to hard and soft drugs

  -Public Health: Drug use should be regarded as a public health issue aimed at harm reduction
• Why drug laws changed over time

  -Rapid growth in the scale of drug addiction in Portugal after 1975.

  -By 1990s 1 in every 100 of the population was addicted to heroin

  -Poor country so new law would reduce costs resulting from drug use to 18%
• Age of criminal responsibility


  -Two people may commit the same criminal act but will be treated differently by the law if one of them is below the age of criminal responsibility

  -England, Wales and Northern Ireland age is 10. Scotland it is 12
• Youth courts and punishments

  -Young people treated differently by justice system. Most countries have separate courts to deal with young offenders

  -England and Wales, youth courts are special magistrates courts that hear cases involving people aged 10-17
• Differential enforcement of the law

  -Moral panic: Those convicted of relatively minor offences committed in the London 2011 riots were more likely to receive custodial sentences

  -Typifications: Chambliss studied 2 groups of youth, the middle class 'Saints' and the working class 'Roughnecks'. Both groups committed offences but the police enforced the law more strictly against the roughnecks
• Pillaging and Briar


  'Situational factors' play a part in police officers' decisions to stop and arrest a person. This includes class, ethnicity, age, attitude towards the officer, the place and time of day or night
• Homicide act 1957


  exists solely for murder offences. Defendant can plead not guilty despite killing someone
• Diminished responsibility


  If a defendant can show their medical condition reduced their ability to understand what they were doing, this reduces the conviction to manslaughter
• Loss of control


  Partial defence that may reduce the offense to manslaughter
• Automatism


  Crime must be a voluntary act. Consciously chosen to commit it. If they can shoe it was involuntary they can plead the defence of automatism