AC1.2 - Social Construction of Criminality

• Define "social construct"

  Something that is defined by society, rather than occuring naturally
• How are laws applied differently due to circumstances?

  • moral pabic
  • age
  • typifications
  • homicide defences
• what are the homicide defences?

  • diminished responsibility (medical condition)
  • loss of control (snapping)
  • automatism (involuntarily e.g. head injury)
• What is an example of a moral panic that changed how laws were applied?

  London Riots, 2011 , where Nicholas Roberts got 6 months in prison for stealing a water bottle as his first offense.
• What are typifications?

  Criminal stereotypes - who the police think is most likely to commit a crime (can help inform stop and searches)
• WHY laws change over time

  • Developing human rights - society becomes more progressive and we try to change inequalities
  • Individualism - have the right to live how we want as long as it doesn't harm others
  • Secularisation - society becomes less religious
  • Major events
• What is the Gun Law example for laws changing over time?

  Dunblane Massacre in 1996, a MAJOR EVENT that lead to the law being changed in 1997, banning all handguns except .22 single shot weapons, but thej this was changed under Tony Blair banning all handguns in Great Britain
• What is the smoking law example for why laws change over time?

  For health and safety, in 1998 they proposed a law protecting workers from second hand smoke, in 2007 smoking was banned inside as reports suggested a link between smoking and cancer, 2008 photos of dangers had to be displayed
• What is the Adultery example for laws differing between cultures

  A sexual act to somebody who is not their spouse, isn't illegal in the UK but is in many religious countries such as the Philippines
• WHY Laws differ between cultures?

  • Religion
  • Tradition - It's difficult to stop sometbing that has been happening for a long period of time
  • Norms and values
  • Position of women - some places value women less than men
• Cannabis Laws as an example for laws differing between places

  Recreational use is illegal in most countries, but more countries have legalised it for medical use such as Australia. The Netherlands have legalised it as it generates funding from tourism, and most progressive governments have legalised it for recreational use (politics), such as Mexico and Thailand. There is less strict punishments in the UK for cannabis use.
• Jaywalking as an example for laws differing between places?

  Not illegal in the UK but is in places such as Poland and the USA. This is mainly for prioritisation of health and safety as some countries have more dangerous roads, although it isn't punished harshly (a fine)
• Why laws differ between places?

  • Prioritisation
  • Funding
  • Norms
  • Politics
• FGM as an example for why laws differ between cultures?

  There's a consensus worldwide that it is a human rights violation so many countries have made it illegal, but in some countries in Asia and Africa it is legal, such as Chad and Pakistan, due to the POSITION OF WOMEN. It's illegal in the UK under the FGM Act 2004, and can get up to 14 years imprisonment