Why is crime a social construct? It is made and defined by society rather than occurring naturally.
Perceptions and definitions of crime vary across societies and cultures, making it a social construct.
What is polygamy?
Where an individual has more than onepartner at the sametime.
What are the two branches of polygamy?
Polygyny and polyandry.
What is polygyny?
Polygyny is a form of marriage in which a man has multiple wives.
What is polyandry?
Polyandry is a formofmarriageinwhich a womanhasmultiplehusbandsatthesametime.
Where is polygamy legal?
Polygyny is legal in 58 countries including India, Sri Lanka, Malaysia and Singapore.
Polyandry is only legal in a few societies, majority being in the Himalayas.
Where is polygamy illegal?
Majority of Christian nations, Turkey, Tunisia, Uganda.
In the UK it can lead to up to 7 years imprisonment.
What are the two reasons that laws on polygamy vary? Religion and tradition.
Religion- the Qu’ran enables Muslim men to take up to 4 wives, the Mormon church allowed polygamy until 1890 (though it’s still illegally practised amongst fundamentalist groups such as LDS).
Tradition- polygamy has been traditionally practised in some African countries.
What is adultery? The sexual act between individuals whom they are not legally married to.
Infidelity.
Where is adultery legal?
In most countries including the UK, it was decriminalised in India in 2018.
Where is adultery illegal?
It is criminal in 21states, within majority of Muslim countries, Taiwan and the Philippines.
Some countries punish adulterers to death by stone.
What are the two reasons that laws vary on adultery? Religion and position of women.
Religion- the 10th commandment does not allow adultery (‘thou shalt not covet’) this belief is shared within Christianity, Islam and Judaism, this has influence on the creation of laws.
Position of women- typically embedded within societies where there is still a lack of equality between men and women.
What is homosexuality? The sexual act between two individuals of the same sex.
Sexual attraction or behaviour between individuals of the same sex.
Where is homosexuality legal?
It became legalised in the UK in 1967, also legal in Europe and North/South America.
Where is homosexuality illegal?
Male homosexuality- 72 countries.
Female homosexuality- 45 countries.
Some countries it leads to the death penalty.
Malaysia (e.g. The 1975 festival cancelled after gay kiss demands $2.7million in damages).
What are the three reasons laws vary on homosexuality? Religion, public opinion and position of women.
Religion- ‘secular societies’ where religion has little influence which means social norms permit sexual diversity.
Public opinion- e.g. Pew Research Centre 95% in Egypt felt homosexuality should not be permitted.
Position of women- sexist assumptions of law makers believe attraction between women was not possible.
How is cannabis treated as criminal?
Possession is treated more leniently in comparison to growing.
Where is cannabis legal? Some US states have legalised the use for medical or recreational use, others have simply legalised its sale e.g. Canada.
Canada, Uruguay, some states in the United States, and several other countries.
Where is cannabis illegal?
In the UK it is illegal to carry, grow or sell, possession can lead up to 5 yearsimprisonment, lighter punishments such as discharge or a fine are usually given, similar in many European countries.
What are the two reasons laws vary on cannabis? Different norms and values, and best ideas on how to control the use of drugs.
Different norms and values- laws tend to reflect these, societies with a bigger belief in individual may see cannabis as a victimless crime.
Best ideas on how to control the use of drugs- some societies believe a tough approach can deter people and embed criminal sentences, decriminalisation of the drug reduces suppliers and encourages people to seek help for addiction.
How have homosexuality laws changed over time? Acts between two men made an offence in 1885, punishment life imprisonment, legalised for men over 21 in 1967, reduced to over 18s in 1994, then to over 16s in 2000.
Decriminalisation, legalisation, acceptance.
How has the Wolfenden Report changed homosexuality laws over time?
By 1954- over 1,000 men in prison for breaking homosexuality laws e.g Alan Turing, Sir John Wolfenden committee looked at reforming this, 1957- report suggested homosexual acts in private should be legal.
How have campaigns changed homosexuality laws over time?
Homosexual Law Reform Society which was supported by leading public figures helped to campaign against the law, Stonewall and the Campaign for Homosexual Equality became successful when the age of consent was lowered to 16 in 2000.
How have politicians changed homosexuality laws over time? Home Secretary Roy Jenkins supported the campaigns and introduced 1967 legislation, newer legislation includes the Equality Act 2010.
Decriminalisation, legalisation, recognition.
How have human rights changed homosexuality laws over time?
In India, Supreme Court ruled that they have no power to control the rights of individuals’ private lives.
How have drug laws changed over time? Vary in countries.
The Portuguese Case 2001- possession of drugs became a civil offence rather than a criminal one, led by dictatorship between 1930s to 1975, after the revolution it became a democracy, led to increase in drug importation, the highest rate of heroin addiction in Europe.
How has public health changed drug laws over time? Considered as a public health issue rather than a criminal one, support services rather than prosecution.
Drug use has fallen significantly, little to no cases of HIV infections by addicts, Portugal now have the lowest death toll relating to drug use in Europe, 4 per million in Portugal compared compared to 44 per million in the UK now.
What are the two major UK events a that influenced gun control laws?
Michael Ryan- shot and killed 16 people in Hungerford (Berkshire) 1987.
Thomas Hamilton- shot and killed 16 children and 1 teacher in Dunblane primary school 1996.
What did the events of Michael Ryan and Thomas Hamilton change about gun control laws?
Tightening of laws surrounding all handguns (officially banned in 1997 except for 22 single-shot weapons), the second Firearms Act which was amended to ban the rest of the guns that were previously an exception, the reaction of the public after the Dunblane shootings had an influence on gun laws.
What is the Gun Control Network?
Campaigned to tighten gun laws, led by families of victims, lawyers and academics.
What was the Snowdrop campaign in relation to gun control laws?
Founded by those affected in Dunblane, made a petition, got over 750,000 signatures for a law change.
What was the new guidance to strengthen UK gun laws? Following the Plymouth shooting where 5 people were killed by Jake Davidson, further statutory guidance was introduced.
Firearms Act 1997.
How do children impact laws?
Children do go through certain physical changes of their life at the same time, these stages are socially constructed, they are separate from adults and seem to be innocent and vulnerable.
How have laws involving children changed over time?
It wasn’t until the 13th century the idea of childhood was highlighted, young children were made to work, no laws to distinguish them from the same duties and expectations of adults, society has become more focused on being child-centred and therefore having greater attention to their emotional wellbeing.
What are laws excluding children from paid work?
UK legislation dictates that children under 13 are not allowed to be employed, whether paid or unpaid, if a young person is over school leaving age but under 18 they must not work more than 8 hours a day, or over 40 hours a week.
What are three ways laws are applied differently due to circumstances?
Differential enforcement of the law, age of criminal responsibility, homocide.
What are two types of differential enforcement of the law? Moral panic and typification.
Moral panic- 2011 London riots, offenders more likely to receive a custodial sentence compared with same offences previously.
Typifications- (Chambliss) two youth groups, police were harsher with lower class, (Piliavin and Briar) different situational factors can influence officer’s power to stop and arrest: age, ethnicity, attitude, class, place/time of day.
What is the age of criminal responsibility? 10
This is seen as the age children have the mental capacity to know the consequences of their actions in the UK.
How do Youth Courts punish different ages? 10-17 year olds.
Defendants are called by their first name, no members of public are allowed into the court, given detention or training order they must complete in a secure unit.
What does The Homocide Act 1957 state? Three defences can be used against the offence of murder, defendant can plead not guilty even thought they killed someone.
Diminished responsibility- defendant struggling with mental health that has major impact on rational decisions, manslaughter.
Loss of control- partial defence that can reduce sentencing to man-slaughter.
Automatism- offence was involuntary and therefore not a conscious decision.