AC1.2

• Social construction


  Something that has been made or defined ('constructed") by society, rather than simply occurring naturally
• What counts as criminality is simply whichever acts a society defines as criminal
• As a society changes over time, its ideas about what is a crime can also change
• Criminality is a social construction
• Examples of how laws change and vary from culture to culture


  • Polygamy
  • Adultery
  • Homosexuality
  • Cannabis
• Polygamy


  The practice of having more than one wife or one husband at the same time
• Forms of polygamy


  • Polygyny (man with multiple wives)
  • Polyandry (woman with multiple husbands)
• Where polygamy is legal


  • 58 countries allow polygyny, a handful of societies mainly in the Himalayas allow polyandry, Muslim-majority countries
• Where polygamy is a crime


  • Most countries, even some Muslim countries like Turkey and Tunisia
• Bigamy


  Going through a marriage ceremony while still married to someone else, a crime punishable by up to 7 years imprisonment in the UK
• Reasons why polygamy laws vary between cultures

  • Religion
  • Tradition
• Adultery


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

  • Most Muslim-majority countries, several Christian-majority countries in Africa, Philippines, Taiwan, 21 US states
• Where adultery is legal

  • Most countries including the UK, India (since 2018)
• Reasons why adultery laws vary between cultures


  • Religion
  • Position of women
• Homosexuality


  Sexual acts between members of the same sex
• Where homosexuality is a crime

  • 72 countries for male homosexuality, 45 for lesbian relationships, can result in death penalty in some countries
• Where homosexuality is legal

  • UK, Europe, North and South America, Indonesia
• Reasons why homosexuality laws vary between cultures

  • Religion
  • Public opinion
  • Sexism
• Cannabis


  Laws on cannabis vary widely, possession for personal use treated more leniently than growing, importing or supplying
• Where cannabis is a crime

  • UK - possession up to 5 years, supply up to 14 years, many European countries have similar laws
• Where cannabis is legal


  • Some places have legalised possession for personal recreational or medical use, some have also legalised sale
• Reasons why cannabis laws vary between cultures

  • Different norms and values
• In theory, the law is applied equally to everyone, but this is not always the case
• Differential enforcement of the law


  The law is not always enforced equally, some offenders may be treated more harshly
• Differential enforcement due to moral panics

  • Rioters in 2011 London riots, youths in 1960s mods and rockers moral panic, received harsher sentences
• Differential enforcement due to typifications

  • Police more likely to arrest working-class 'Roughnecks' than middle-class 'Saints' for similar offences
• Situational factors like class, ethnicity, age, attitude, time and place can influence police decisions to stop or arrest
• Age of criminal responsibility


  The age below which a child is deemed not to have the capacity to commit a crime
• Age of criminal responsibility

  • 10 years in England, Wales, Northern Ireland, 12 years in Scotland
• Youth courts


  Special magistrates' courts that hear cases involving people aged 10 to 17, less formal, cannot send to prison
• Diminished responsibility


  A defence for murder where the defendant's mental condition substantially reduced their ability to understand or form a rational judgment
• Loss of control


  A partial defence that may reduce murder to manslaughter
• Automatism


  A defence where the defendant can show the crime was an involuntary act
• Why laws are different according to place, time and culture


  • Changes may reflect changing social and moral views
  • Opinions change over time and campaigns can change opinions
  • The status of women in different societies can reflect on how laws vary
  • Religion can have a significant impact on different laws
  • Knowledge, especially regarding health and safety, can make laws change
• Changes in laws


  • Views on prostitutes have changed significantly over the last 100 years
  • The kidnapping and murder of Sarah Payne prompted people to want to be aware of sex offenders living in their area and the Sarah's Law campaign was driven to change this and to raise awareness
  • In some countries, men can have more than one wife
  • Jaywalking is a crime in some countries but not others, where it may be considered a personal responsibility to cross the road safely
  • The changing laws concerning the smoking of cigarettes in the last 50-60 years
• If a country becomes less religious, then these laws can change too